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Judicial Survey 2012 — Vicinage 5 — Essex
2d Circuit breaches barrier to class certification
Weighing in on a subject that has divided the federal circuits-"whether a court may employ Rule 23(c)(4)(A) to certify a class as to a specific issue where the entire claim does not satisfy Rule 23(b)(3)'s predominance requirement"- the 2d Circuit has answered that question in the affirmative, clearing the path for lower courts to certify issue classes more frequently.Calif. High Court Weighs Whether Trickery OK in Research
The California Supreme Court appeared to dance a fine line Tuesday in a defamation suit against two academics who allegedly tricked the former foster mother of a research subject into revealing secrets about her. The "sticking point," as Justice Carol Corrigan put it, was whether researchers go too far if they lie to gather personal information about a subject. The controversial case has some scientists and journalists concerned that a ruling for the plaintiff may chill research and newsgathering efforts.Cleary, Linklaters Advise as Citi Sheds Brazil Assets
Citigroup is selling Brazilian unit Credicard to São Paulo–based Itaú Unibanco in a cash deal worth $1.38 billion. Brazil's Pinheiro Guimarães Advogados is serving as local counsel to Citi on the sale.The enforcement credibility of the beleaguered agency now depends on its success in the Goldman fraud suit--the regulatory equivalent of a bet-the-company case. Good thing Khuzami has a sense of humor. He's going to need it.
Final Days: Cheshire Murder Trial Wraps Up, Heads To Jury
On one of the final days of his murder trial, Steven Hayes was ready to fold, literally. Everyone else in the courtroom dutifully stood at the judge's knock on his door, and the marshal's cry, "All rise!" But Hayes, stumbling to his chair, began hunkering down to his seat. Deftly, his lawyers pulled him to his feet. Even if he's medicated, as some onlookers presume, Hayes is probably not fantasizing about an acquittal. Three hours after the July 23, 2007 triple murder, Hayes waived his rights and made a confession to state police. At trial, his defense lawyer made a "my-guy-did-it" opening, conceding substantial guilt. Now, Hayes' one big goal is life without any possibility of parole. The final days of testimony in Hayes' trial lacked the same sort of drama as the first two weeks. But there were powerful moments and interesting plot twists all the same, all ending with strong closing arguments on Friday.Online 'payday' lenders seek U.S. oversight to avoid state rules
The Internet's "don't-call-us-payday" lenders are making a bid for more respect in Washington and less control from state regulators.'Diaz' and Eviction Proceedings for Illegal Drug Activities
George M. Heymann, a judge of the New York City Housing Court, analyzes a recent ruling which held that the District Attorney's Office was not a "law enforcement agency" within the definition set forth in Criminal Procedure Law (CPL) �160.50(1)(d)(ii) authorized to unseal records for the purpose of pursuing eviction proceedings.The Case of the Missing iPhone: Gizmodo Editor Hires Criminal Lawyer
Gizmodo editor Jason Chen hires a criminal lawyer while San Mateo DA decides what to do with the computers he seized. Valley vet Tom Nolan was hired by Chen last night to defend him in the case.Trending Stories
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