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By Jimmy Hoover | August 14, 2024
One way to do that is by what scholars call "narrowing" precedents, such as by limiting them almost exclusively to the factual circumstances in which they arose. Critics have disparaged this practice as a form of "stealth overruling."
By Avalon Zoppo | August 12, 2024
Children's Health Defense, founded by Robert F. Kennedy Jr., failed to allege the government coerced the social media platform's owner to censor the group's message, the appeals court said.
By Colleen Murphy | August 12, 2024
"One of the main challenges facing Port Newark is the lack of space for container storage and handling. The demand for container storage space has grown significantly in recent years, and Port Newark has struggled to keep up with the demand. As a result, multiple lots where containers are stored are operated off-port by private owners and operators," according to the complaint filed by attorneys with Sills Cummis & Gross.
By Emily Saul | August 9, 2024
In dicta, U.S. Circuit Judge Beth Robinson wrote that the "underrepresentation of Black and Hispanic or Latino people in SDNY venires has only increased" in recent decades.
By Avalon Zoppo | August 9, 2024
"Bruen has proven to be a labyrinth for lower courts, including our own, with only the one-dimensional history-and-tradition test as a compass," wrote Chief Judge Albert Diaz of the U.S. Court of Appeals for the Fourth Circuit, adding that Rahimi has provided "little" clarity.
National Law Journal | Analysis
By Sulaiman Abdur-Rahman | August 8, 2024
"Our friends in dissent would rule the Maryland statute unconstitutional," Judge J. Harvie Wilkinson III wrote for the court. "They would go so far as to uphold a facial challenge to the enactment, meaning that there is no conceivable weapon, no matter how dangerous, to which the Act's proscriptions can validly be applied."
The Legal Intelligencer | News
By Aleeza Furman | August 8, 2024
Defendant Syngenta Crop Protection had urged the Superior Court to permit its appeal, arguing that there was an "urgent need for clarity concerning the constitutional and jurisdictional questions left in Mallory's wake."
New York Law Journal | Analysis
By Brian Lee | August 8, 2024
Buffalo First Amendment lawyer Barry Covert said a recent U.S. Supreme Court ruling "has opened up the floodgates" to more arguments against public accommodation laws.
By Avalon Zoppo | August 7, 2024
"The robust consensus doctrine would open up the door a little bit to plaintiffs whose rights have been violated [by law enforcement] being able to get some sort of recovery," said UNC School of Law professor Andrew Hessick.
By Jimmy Hoover | August 6, 2024
Former President Donald Trump's White House chief of staff and longtime personal attorney bring appeals to the justices.
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Legalweek New York explores Business and Regulatory Trends, Technology and Talent drivers impacting law firms.
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