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Appellate Review of Exercise of Discretion by Trial Court
In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty, Jr. discuss appellate review of the exercise of discretion by the trial court. While CPLR §5501, Scope of Review, states in subsection (c) that "The appellate division shall review questions of law and questions of fact on an appeal from a judgment or order," it does not mention that court's power to review an exercise of discretion by the trial court. Nevertheless, the Appellate Division unquestionably possesses all of the powers of the Supreme Court. Its authority "is as broad as that of the trial court," and one often sees an Appellate Division decision and order (one paper) reversing or modifying an order or judgment of the Supreme Court "on the law, the facts and in the exercise of discretion."The Path to Class Certification Is Narrowing
The path to class certification is bumpy, yet recent federal and state appellate court rulings suggest a narrowing of permissible class actions.Congratulations, You Made Partner! Now What?
As firms elevate a new class of partners, seasoned lawyers share their tips for wooing clients, marketing yourself, and finding your place in the partnership.Third Circuit Requires 'Make-Whole' Payments For Accelerated Bankruptcy Notes
In a much awaited ruling from In re Energy Future Holdings Corp., 2016 No. 16-1351 (3d Cir. 2016), the U.S. Court of Appeals for the Third Circuit overturned decisions of both the Delaware District and Bankruptcy Courts in addressing whether refinancing debts through bankruptcy obligates payment of certain "make-whole" premiums. In ruling that such premiums were due, the court of appeals created precedent that will likely resonate in pending bankruptcy cases, future loan agreements and the minds of attorneys drafting these contracts.2016 in Review: Litigators of the Week, Take a Bow
A look back at the Litigator of the Week winners in 2016, including the firms and lawyers that racked up the most honors.People in the News—Dec. 28, 2016—Archer & Greiner
Michael L. Collins joined Archer & Greiner as an associate in the firm's Red Bank, New Jersey, office.People in the News—Dec. 27, 2016—Stradley Ronon Stevens & Young
Stradley Ronon Stevens & Young partner John J. Murphy and associate Samantha Kats presented the CLE, "Senior Investors and Financial Privacy: The Challenge of Diminished Capacity and Other Senior-Related Issues."23 Big Firms in Atlanta Achieve Perfect Score on LGBT Equality Ranking
Six Atlanta-based firms were among the Am Law 200 firms that achieved a perfect score on the Human Rights Campaign Foundation's annual Corporate Equality Index.People in the News—Dec. 15, 2016—Griesing Law
Ellen Brotman, chair of Griesing Law's white-collar and government investigations practice, presented "10 Reasons the Disciplinary Board Comes Knocking" at the Pennsylvania Bar Institute.Trending Stories
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Document Review Challenges: Strategies for Law Firm Litigation Professionals in 2024
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From Burnout to Breakthrough: How Technology Enhances Legal Wellness
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The 2024 Benchmark of Ethical Culture Report
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State Lawmakers Targeting Plastic Pollution in 2024
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