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July 17, 2006 | The Legal Intelligencer

Recent Case Shows Court's Analysis On Fraud in the Inducement

The case of Academy Plaza vs. Bryant Asset Management provides a good illustration of the analysis a court may undertake in reviewing a claim of fraud in the inducement. The court also provided a good common-sense response to a question that sometimes arises in the context of assignments of leases: Namely, who is responsible for satisfying indemnity claims made by a tenant after the transfer of a site when the matter giving rise to the claim occurred prior to the sale.
10 minute read
July 15, 2011 | Daily Report Online

Tort reform bars worthy plaintiffs from courthouse

The story of Stella Liebeck came to stand for all that is moronic about our legal system and culture. Liebeck sued McDonald's in 1994 after spilling a 49 cent cup of coffee in her lap as she was wheeling away from a drive-thru window in Albuquerque, N.M. She hit the liability jackpot, winning a $2.86 million jury award as compensation for this minor nuisance.
6 minute read
September 07, 2005 | Law.com

D.C. Circuit Deals with Changes in its Ranks

Judges Janice Rogers Brown and Thomas Griffith arrive for oral arguments at the federal appeals court while Supreme Court nominee John Roberts prepares for his Senate confirmation hearings.
9 minute read
October 26, 2010 | New York Law Journal

Filing Reports Other Than Appraisals in Condemnation Proceedings

In their Condemnation and Tax Certiorari, column, M. Robert Goldstein and Michael Rikon, partners at Goldstein, Rikon & Rikon, write that the Appraisal Rule is not limited to just appraisal reports but extends to other experts as well and the failure to exchange reports upon which testimony may be based precludes the use of such evidence.
11 minute read
January 08, 2002 | New York Law Journal

Carpel Tunnel Ruled Not a Disability in `Toyota`

THE U.S. Supreme Court said yesterday that a Kentucky woman with carpal tunnel syndrome could not be categorized as a disabled worker under the Americans With Disabilities Act because she is still able to care for herself off the job.
7 minute read
June 05, 2007 | Law.com

2nd Circuit Finds FCC's Policy on 'Fleeting Expletives' Arbitrary

The Federal Communications Commission did not provide sufficient justification for a policy change under which it planned to penalize the use of "fleeting expletives" on television, the 2nd U.S. Circuit Court of Appeals ruled Monday. The circuit found that the FCC acted "arbitrarily and capriciously" when it warned the Fox Network it intended to sanction it for obscenities uttered by Cher and Nicole Richie on televised awards shows.
5 minute read
February 01, 2013 | New York Law Journal

Circuit Used Wrong Standard in DOMA Ruling, Brief Argues

Lawyers for the Republican majority in the House of Representatives are disputing on several fronts a ruling by the Second Circuit that the Defense of Marriage Act unconstitutionally discriminates against same-sex married couples. But they argue that the issues in the case can be distilled to a few fundamental legal principles.
9 minute read
April 02, 2007 | The Legal Intelligencer

Pa. Supreme Court Dismisses Gaming Board's Bond Requests

Rejecting the Pennsylvania Gaming Control Board's argument that appeals of its licensing decisions will delay legalized gambling's payoff, the state Supreme Court has spared four disappointed license applicants the cost of posting security bonds.
5 minute read
December 20, 2002 | Texas Lawyer

5 minute read
August 30, 2013 | The Legal Intelligencer

NFL Concussion Class-Action Lawsuit Settles for $765 Mil.

The National Football League has settled the concussion lawsuit brought by former players for $765 million, according to an order from the federal judge overseeing the case.
5 minute read

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