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December 19, 2023 | National Law Journal

'The Northern District of Illinois v. the Internet': How Chicago Became the Center of Schedule A Trademark Infringement Litigation

"There's this geopolitical-style battle taking place in the rights owner community: Are we still gonna play by the old rules or is there a new shiny option that allows us to solve all our problems and make some money along the way?" said Eric Goldman, associate dean for research and professor at the Santa Clara University School of Law.
9 minute read
Premium Transp. Staffing, Inc. v. Welker
Publication Date: 2023-12-18
Practice Area: Employment Litigation
Industry: Recruitment and Staffing | Transportation
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys:
For plaintiff:
For defendant:
Case number: 1329 C.D. 2022

Board erred in affirming Workers' Compensation Judge and finding claimant truck driver's "mental/mental" injury arose from an abnormal working condition, a fire in a tractor trailer truck, because claimant acknowledged he could anticipate a truck fire, had been trained how to respond to a fire and the relatively minor fire that was quickly extinguished was not an "extraordinarily unusual and distressing" employment event for a truck driver. Reversed.

United States v. Khalil
Publication Date: 2023-12-18
Practice Area: Criminal Law
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Rufe
Attorneys:
For plaintiff:
For defendant:
Case number: 23-157-01

Defendant moved to dismiss the counts under 18 U.S.C. §§844(i) and 844(n) and alleged negligence by fire department personnel contributed to their injuries and government filed a motion in limine to exclude what it asserted were improper defenses and court found the sentence enhancement provisions of § 844(i) required the government to submit to the jury and prove beyond a reasonable doubt both actual, but-for causation and proximate causation and actual causation meant government had to show that defendant's conduct was an independen

Ateres Bais Yaakov Academy of Rockland v. Town of Clarkstown
Publication Date: 2023-12-15
Practice Area: Civil Rights | Contractual Disputes | Land Use and Planning
Industry:
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge Barrington D. Parker
Attorneys:
For plaintiff: For Plaintiff-Appellant: Yehudah L. Buchweitz, Kevin M. Simmons, David Yolkut, on the briefs, Joshua Halpern, Weil, Gotshal & Manges LLP, Washington, DC, Dallas, TX & New York, NY.
For defendant: For Defendants-Appellees: John M. Flannery, on the brief, Eliza M. Scheibel, Wilson, Elser, Moskowitz, Edelman & Dicker LLP, White Plains, NY.
Case number: 22-1741-cv

RLUIPA Suiut Remanded; Finality Attached to Zoning Ruling, Article III Traceability Met

In the Matter of the Claim of Jerry Faisca v. New York City Transit Authority
Publication Date: 2023-12-15
Practice Area: Criminal Appeals
Industry:
Court: U.S. Court of Appeals for the Eleventh Circuit
Judge: Unsigned Lynch, J.P., Clark, Ceresia, Fisher and Mackey, JJ.
Attorneys:
For plaintiff:
For defendant:
Case number: 535825

In the Matter of the Claim of Jerry Faisca v. New York

Law Journal Press | Digital Book New Jersey Medical Malpractice Law 2024 Authors: Jonathan H. Lomurro, Gary L. Riveles, Abbott S. Brown View this Book

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People of the State of New York v. Red Rose Rescue
Publication Date: 2023-12-14
Practice Area: Civil Rights
Industry: State and Local Government
Court: U.S. District Court for the Southern District of New York, U.S. - SDNY
Judge: District Judge Kenneth M. Karas
Attorneys:
For plaintiff: Counsel for Plaintiff: Heather McKay, Esq., Julia K. Toce, Esq., Sandra E. Pullman, Esq., Zoe Ridolfi-Starr, Esq., Office of the New York Attorney General, New York, Rochester, and Watertown, NY.
For defendant: Counsel for Defendants Red Rose Rescue, Christopher Moscinski, Matthew Connolly, William Goodman, Laura Gies, and John Hinshaw: Christopher A. Ferrara, Esq., Thomas More Society, Whitestone, NY. Counsel for Defendant Christopher Moscinski: Dennis J. Ring, Esq., Law Office of Dennis J. Ring, Whitestone, NY. Counsel for Defendant Laura Gies: Catherine Short, Esq., Life Legal Defense Foundation, Ojai, CA. Counsel for Defendant Laura Gies: John P. Margand, Esq., Law Offices of John P. Margand, P.C., Yonkers, NY. Counsel for Interested Party the United States of America: Amanda M. Lee, Esq., U.S. Attorney's Office for the Southern District of New York, New York, NY.
Case number: 23-CV-4832

Preliminary Injunction Only Partly Granted; Its Scope Limited to SDNY, EDNY

December 13, 2023 | Daily Report Online

Ga. Court Set to Decide Whether Staffing Agency or Insurer Must Pay Out Workers' Comp Claims

"Opposing counsel will literally talk about every other moment except the moment of injury," the appellants argued, while the appellees pointed out that the case has now been litigated by six different courts through which they have thus far prevailed.
4 minute read
December 13, 2023 | The Legal Intelligencer

Jury Awards $14M Verdict in Plaintiffs' Second Bid to Try Wrongful Death Claims Against CHOP

CHOP had previously evaded liability in the case, over the death of a 4-year-old boy, when a 2020 trial ended in a nonsuit in its favor.
3 minute read
December 12, 2023 | The Legal Intelligencer

Rejecting Verdict Slip and Jury Deliberation Challenges, Superior Court Affirms Nonsuit for Northeast Pa. Hospital

In an appeal involving challenges to verdict slip details and jury deliberations, the Pennsylvania Superior Court sided against a widow, affirming a lower court's judgment in favor of the Wilkes-Barre General Hospital.
7 minute read
December 11, 2023 | New York Law Journal

Madison Square Garden 'Lawyer Ban' Remains Intact as Lawsuits Dwindle

"I was like Moses; I carried them to the promised land even if I didn't go in," said Larry Hutcher, whose firm Davidoff Hutcher & Citron was the first to sue over the ban. They have since dropped the suit.
5 minute read

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