By Riley Brennan | May 22, 2023
The Oregon Court of Appeals reversed and remanded a man's conviction for driving 200 feet with a suspended license, after determining the jury should have been instructed on the defenses of necessity and choice-of-evils.
By Amanda Bronstad | May 19, 2023
U.S. Magistrate Judge Valerie Figueredo, in New York, denied a demand from defendants to disclose of 33 individuals in plaintiff's expert Dr. Jacqueline Moline's 2019 report, used in talc cases nationwide to link cosmetic talc to mesothelioma.
The Legal Intelligencer | News
By Riley Brennan | May 19, 2023
In a May 16 opinion, Stickman determined that BESCO's act of filing a third-party complaint was expressly permitted by the parties' contract agreement, which contained an arbitration clause.
By Adolfo Pesquera | May 19, 2023
The Supreme Court has urged the lower-level appellate courts to accept more permissive appeals, but recognizes it does not have authority to mandate that they do so.
By Riley Brennan | May 19, 2023
"... [E]ven if those agreements were some evidence of the transaction of business in Massachusetts, jurisdiction would not lie because the claims here at issue do not arise from the alleged in-forum activity." the court wrote.
By Allison Dunn | May 18, 2023
The proposed amendment to Rule 92 regarding mediation is consistent with new legislation. Comments must be submitted to the Clerk of the Supreme Judicial Court by 4 p.m. on Thursday, June 1.
The Legal Intelligencer | Commentary
By James M. Beck | May 18, 2023
This article aims to save appellate practitioners time and money by reviewing what nonprivilege questions have recently—post-Dougherty—supported, or not, interlocutory appeals under Rule 313(b)'s collateral order test. It should be emphasized, however, that a party's failure to take an available interlocutory appeal of a collateral order does not waive later objections to that order.
By Riley Brennan | May 17, 2023
"Recalling the mandate in the unique circumstances of Rhone's case accomplishes this mission; we must allow him to benefit from the rule he proposed that ultimately became the law in this state," the court said.
By Riley Brennan | May 16, 2023
Sixth Circuit Judge R. Guy Cole Jr. determined the plaintiffs, parents of children who qualified as students with disabilities under IDEA, had failed to plead the necessary requirements for standing in regard to their claims,
By Charles Toutant | May 16, 2023
A defense lawyer, Ahsan Jafry, wrote in his opposition to the change-of-venue motion that a decision allowing the plaintiff to transfer the case "would open the floodgates to all plaintiffs in this venue to do the same."
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