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NCAA, Plaintiffs, Wrestle Over Implementation of Order
Now that Pennsylvania judge Ronald Buckwalter has ruled that black student athletes have been disparately impacted by the NCAA's use of SAT scores to decide freshman-year eligibility, a legal scramble is underway to sort out exactly when his ruling should take effect. On Tuesday, lawyers for the class filed briefs with the 3rd U.S. Circuit Court of Appeals opposing any stay of the order.'Father of Modern Class Actions,' Harold Kohn, Dies
Harold E. Kohn, who has been described as one of the architects of modern class-action litigation, died yesterday in Philadelphia. The founding partner of Kohn Swift & Graf was 85 years old. Kohn won landmark cases for independent motion picture exhibitors against film studios, cases which, according to colleagues, "opened up the whole field" of antitrust class actions.NRA Draws a Bead on Retrial of Members' Defamation Case
Lawyers for the National Rifle Association have set their sights on winning a new trial of a defamation case in which a jury awarded $4.45 million to two NRA members who said their reputations were smeared when NRA President Charlton Heston falsely accused them of staging a disruption at the organization's annual meeting. The NRA argues that it should never have been forced to stand trial just two weeks after the high-school massacre in Colorado.Passengers in Vehicle Causing Injury May Be Liable for Not Helping Victim
Carving out a limited exception to the "innocent bystander" rule, a New Jersey appeals court says a passenger may have a duty to summon help after an accident if the driver fails to do so. Central to the court's ruling was the finding that the passengers were far more than innocent bystanders, whose passive inaction traditionally is not a basis for liability. Rather, they left a motorcyclist struck by their car in the road without summoning help, and he died after being struck by a second car.Judge Tosses Clean Air Suit Against Pennsylvania
A federal judge has dismissed an environmental group's suit that sought an injunction prohibiting the sales of any new vehicles in Pennsylvania that do not meet California's stringent emissions requirements because the Pennsylvania Department of Environmental Protection has allegedly failed to enforce its emissions standards. The suit was fatally flawed because courts will not entertain a "citizen suit" under the Clean Air Act unless the plaintiff can point to specific violations of emissions standards.11th Circuit Ruling in Viatical Case a Defeat for Insurers
In a defeat for the insurance industry, the 11th U.S. Circuit Court of Appeals has affirmed a lower court ruling barring 17 insurers from canceling policies due to a massive fraud investigation into Florida viatical company Mutual Benefits Corp. Last week the appellate court upheld a U.S. District Court dismissal of the insurers' lawsuit for failure to show specific fraud. The 11th Circuit affirmance is a huge victory for 30,000 investors who would have lost over $100 million if the policies were voided.
California Supreme Court Queues Up Number of Post-Brinker Cases
Publication Date: 2013-01-04 Practice Area: Industry: Court: Judge: Attorneys: For plaintiff: For defendant: Case number:
California courts have had a lot to say in recent years about class certification and mandatory arbitration—but they've skirted questions that would put state policy in direct conflict with evolving federal law.
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