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March 31, 2023 | New York Law Journal

'Maldovan': Court of Appeals Declines to Expand Government Liability

The Court of Appeals, in Maldovan v. County of Erie, reiterated that the burden necessary to defeat the absolute immunity of a municipality's agent under the "Special Duty Doctrine" is extremely high.
10 minute read
March 31, 2023 | Litigation Daily

Another Hefty Batch of Litigator of the Week Runners-Up and Shout Outs

First runners-up this week at Davis Wright Tremaine who won a high-profile fair use fight for book publishers against the Internet Archive.
9 minute read
March 30, 2023 | The Legal Intelligencer

Jail Captain Said His Termination Was Retaliatory

In November 2015, plaintiff Jeffrey Kengerski, a captain, was terminated from his employment at Allegheny County Jail in Pittsburgh. Kengerski, who is Black, claimed he was terminated due to his complaining about race discrimination in the workplace.
3 minute read
March 29, 2023 | New York Law Journal

NY's Social-Equity Program Under Fire Again—This Time From Its Own Medical Marijuana Licensees

The CARSC plaintiffs are seeking to invalidate the Office of Cannabis Management's (OCM) roll-out of the conditional adult-use retail dispensary (CAURD) program as inconsistent with certain provisions of the MRTA.
7 minute read
March 27, 2023 | Daily Report Online

What Happened to Augusta's Judges? And What Does That Mean for Access to Justice?

Disparities created by the division of courts fell along racial lines, as the majority of Richmond County's population is Black, while Columbia County's is white.
5 minute read
Law Journal Press | Digital Book Connecticut Appellate Practice & Procedure, 8th Edition Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE View this Book

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March 24, 2023 | National Law Journal

'Ample Direction:' 5th Circ. Says FCC Fund Doesn't Violate Nondelegation Doctrine

"Rather than leave the FCC with 'no guidance whatsoever,' Congress provided ample direction for the FCC in [the statute]," Judge Carl Stewart wrote.
5 minute read
March 24, 2023 | Litigation Daily

Another Round of Litigator of the Week Runners-Up and Shout Outs

Litigators at Baker Botts knocked out a nine-digit verdict against DISH Network in a patent showdown with ClearPlay Inc.
6 minute read
March 23, 2023 | Law.com

Inside Track: Navigating Legal Fallout From Cyberattacks Getting Trickier and Trickier

"Being breached, paying the attackers and then not notifying law enforcement is something that happens dozens, or perhaps hundreds, of times a day in the United States," said Alex Stamos, director of the Stanford Internet Observatory.
5 minute read
March 23, 2023 | Corporate Counsel

Inside Track: Navigating Legal Fallout From Cyberattacks Getting Trickier and Trickier

"Being breached, paying the attackers and then not notifying law enforcement is something that happens dozens, or perhaps hundreds, of times a day in the United States," said Alex Stamos, director of the Stanford Internet Observatory.
5 minute read
March 23, 2023 | Insurance Coverage Law Center

Fegley v. Firestone Tire & Rubber Workers' Comp. Appeal Bd.

The Commonwealth Court of Pennsylvania pointed out that "coverage" is a separate matter from "reimbursement" under a workers compensation policy.
40 minute read

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