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Error Cancels Plea, Split Court Decides
Pleas must be vacated for defendants who are not notified by sentencing judges that the plea-bargain agreements they are entering will entail a period of post-release supervision, a sharply divided state Court of Appeals ruled yesterday in a decision by Chief Judge Judith S. Kaye. The Court also held yesterday that open-space restrictions established by municipalities in New York are binding on future purchasers of property.Circuit Reinstates Settlement Class in Gen Re Litigation
The Second Circuit said yesterday that "because settlement eliminates the need for a trial, a settlement class need not demonstrate that the fraud-on-the-market presumption applies to its claims in order to satisfy the predominance requirement."Judge: Loan Originator Must Face Fraud Claims, Subject to Punitive Damages
A state judge has refused to dismiss most of a fraud-related complaint against First Franklin Financial Corp. as the originator of more than 15,000 subprime second mortgages, finding that it exhibited a “high degree of moral culpability” in its lending practices.Huge Win For Orrick, MGA As Ninth Circuit Tosses Bratz Injunction, Says New Trial Likely
Mattel's annihilation of the line of big-headed, slightly slutty Bratz dolls, which had replaced Barbie in the hearts of America's pre-tweens, was one of the biggest IP litigation stories of 2008. Looks like it's time for a do-over.Midsize Firms Weigh Salary Cuts
A few years ago, most of California's premium midsize firms lined up to match big firms' top pay for young lawyers. Now, even as some of the biggest firms have begun to slash salaries, many midsize firms claim to be sticking with $160,000 -- though there are some exceptions. As the downturn continues to reshape the legal landscape, leaders at firms like Townsend Townsend and Crew and Jeffer Mangels Butler & Marmaro say they may back off from the top market rate before the year is over.Antitrust Roundup: FCC Moves Against AT&T/T-Mobile Deal; Cleary Wins EU Okay For Western Digitial
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