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January 02, 1996 | Law.com

Daily Decision Alert: Vol. 3 No. 247 -- Jan.2, 1996

5 minute read
November 21, 2005 | New Jersey Law Journal

State v. Badessa

Where defendant was unlawfully stopped after making an otherwise proper turn to evade a sobriety checkpoint, the officer's observations of defendant were the fruit of the unconstitutional search and defendant's motion for suppression in his trial for refusing to take a breathalyzer test should have been granted; since those observations were necessary to prove an essential element of the offense, defendant's conviction is reversed.
8 minute read
July 28, 2004 | Law.com

Verizon, Yellow Book Square Off in Court Over False-Ad Claim

Attorneys, paralegals and summer associates jammed a New York federal court Monday as a trial got underway into claims by Verizon's yellow pages unit that an ad campaign by its chief independent rival, Yellow Book USA, violates state and federal laws. Verizon seeks a permanent injunction to stop the campaign, which it says is built around the false claim that Yellow Book's directories are more heavily used than Verizon's. Yellow Book claims its ads never targeted Verizon directly.
6 minute read
April 29, 2008 | New York Law Journal

Matican, plaintiff-appellant v. City of New York, defendants-appellees

Informant�s Suit Against Police Rejected; Noncustodial Relationship With Police Not �Special Relationship�
21 minute read
July 11, 1997 | New Jersey Law Journal

Daily Decision Alert: Vol. 5, No. 130 -- July 11, 1997

13 minute read
March 09, 2005 | Law.com

Suing the CIA

As a renowned expert on the Vietnam conflict, Larry Berman knows volumes about opposition to U.S. government policies. Now, he's leading a fight of his own. In seeking access to president's daily briefs from the Johnson administration, Berman has filed suit against the CIA, the guardian of all PDBs, to get the documents he wants and to try to change the agency's blanket policy of refusing to declassify the daily briefs of any presidential administration.
6 minute read
March 27, 2003 | New York Law Journal

1 minute read
September 03, 2007 | National Law Journal

Pleading Requirements

The U.S. Supreme Court ruled in 1957 that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." This May, the Supreme Court decided that "this famous observation has earned its retirement." In the process, the court revolutionized pleading rules, introducing twin requirements of fact-based pleading and plausibility.
9 minute read
August 08, 2005 | Law.com

Court Sees No Copyright Infringement by 'Da Vinci Code'

A federal New York judge last week ruled that the best-selling novel "The Da Vinci Code" did not infringe on a copyright of a book published years earlier by another author. Lewis Perdue claimed Dan Brown's popular book infringed on his novel "Daughter of God." Judge George Daniels provided a substantial analysis of the plots, themes, characters and other characteristics of the two books. Although he found some similarities, he ruled that none of them amounted to copyright infringement.
3 minute read
January 31, 2006 | Law.com

9th Circuit Fishes for Punitive Fix in Exxon Case

For the third time since an Alaska jury hit Exxon with $5 billion in punitive damages in 1994, a 9th Circuit panel is facing the question of whether that award is appropriate. The class action by those who suffered economic damage from the spill has bounced repeatedly between the 9th Circuit and the Alaska courtroom of Judge H. Russel Holland, a result of Holland's reluctance to significantly lower the award. It's also due to the changing Supreme Court guidelines on how to award punitive damages.
4 minute read

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