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War of the Words: Pleaded vs. Pled
As lawyers, we get to debate some of the most pressing questions of our time: The limits of Congress's commerce power; The reach of the Due Process Clause; "pleaded" versus "pled."A four-judge majority found no reason to meddle with New York's long-established interpretation of the in pari delicto doctrine.
Olsten Whistleblower's Share: $9.8M
Donald S. McLendon's career as a healthcare executive was stressful, he says, eventually ending when he accused his employer, Olsten Corp., of Medicare fraud. But as a result of a $41 million settlement with Olsten, the federal government will pay McLendon $9.8 million for his role as a whistleblower. And, if the government succeeds in a related case against hospital giant Columbia/HCA Healthcare Corp., McLendon could collect tens of millions more.Ga. Bar, Chamber of Commerce Watch Governor on Judicial Raises
A proposal to raise salaries for Georgia's judges is receiving a bipartisan push, but what appeared to derail the idea earlier this year -- a lack of support from Gov. Sonny Perdue -- is a potential obstacle. The State Bar and the Georgia Chamber of Commerce back a 20 percent salary increase for jurists on the superior courts, the Court of Appeals and the Supreme Court. A letter the State Bar sent argues that higher salaries for judges is backed by Democrats, Republicans, lawyers and the business community.Class Action Status in Coke Case Survives First Test
A federal judge denied the Coca-Cola Co.'s efforts to short-circuit a class action race discrimination case. U.S. District Judge Richard W. Story said he could not dismiss the class action charges at this point in the three-month-old case because, for the purposes of Coke's motion, he had to assume the plaintiffs' allegations are true. Thus, Story ruled at the end of a 90-minute hearing, it would be unfair to dismiss the class allegations until preliminary discovery is completed.Gibson, Dunn Reps Shamrock Capital in Screenvision Acquisition
Pros and Cons of Rule 91a Motions
Defendants have a new weapon for seeking a quick dismissal based on the pleadings. Texas Rule of Civil Procedure 91a, which provides for dismissal of baseless causes of action, was effective on March 31. However, before using the rule, defense counsel first should consider its risks and benefits in relation to other means of securing a dismissal.Trending Stories
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