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November 13, 2012 | The Legal Intelligencer

Superior Ct. Says Subsequent Homebuyers Can Sue Builders

In a case of first impression, the state Superior Court has ruled that homebuyers who are not the original purchaser-users of a home may still bring implied warranty of habitability claims against the builder if defects are discovered.
6 minute read
August 22, 2007 | Daily Report Online

Justice Department says White House administration office not subject to open records law

WASHINGTON AP - Opening a new front in the Bush administration's battle to keep its records confidential, the Justice Department is contending that the White House Office of Administration is not subject to the Freedom of Information Act.The department's argument is in response to a lawsuit trying to force the office to reveal what it knows about the disappearance of White House e-mails.
4 minute read
October 08, 2009 | New York Law Journal

Directors' and Officers' Liability

Joseph M. McLaughlin, a partner at Simpson Thacher & Bartlett, writes that the PSLRA and SLUSA generally do not preclude a state court from considering a books and records demand simply because a party to the state action is protected by a PSLRA automatic discovery stay in a parallel federal securities class action.
17 minute read
February 22, 2010 | The Legal Intelligencer

Courts May Not Predetermine Entry Into ARD

Though admission into an accelerated rehabilitative disposition program ultimately becomes a trial court judge's decision, a court may not impose eligibility guidelines that strip a district attorney's office of its discretion to recommend a defendant for such a program, a Superior Court panel has ruled.
5 minute read
April 27, 2012 | Legaltech News

Peck Decision on Use of Predictive Coding Upheld in N.Y. Federal Court

Southern District of New York Magistrate Judge Andrew Peck's ruling allowing the use of predictive coding, aka computer-assisted review, has been upheld by U.S. District Judge Andrew L. Carter.
4 minute read
March 23, 2007 | Legaltech News

Tablet PC Gives Lawyer the Write Stuff

Rather than touting the tablet PC's pen for fast clicking and scrolling, attorney Lincoln Miller praises its primary purpose: writing. He can't help but smile when peers ask how he e-mailed them a handwritten note, a Web page with inked comments or an attached -- and freshly signed -- cover letter.
5 minute read
August 08, 2012 | The Legal Intelligencer

Student Replacing Teacher Does Not Violate Title VII

In a case that may remind old film buffs of the plot of All About Eve, in the recent case of Glover-Daniels v. 1526 Lombard Street SNF Operations, No. 2-11-cv-5519 (E.D. Pa. July 16, 2012), the student replaced the teacher. But in the 2012 employment law version, the teacher is not a Broadway star but the human resources manager for a nursing home and, when she is replaced by her "student," rather than seek other theater roles she sues for discrimination.
5 minute read
February 01, 2008 | Legaltech News

Redaction Redux

Don't crush the truth when you try to protect your client.
4 minute read
October 20, 2011 | New York Law Journal

New Deals

Gas transportation company Kinder Morgan Inc. will purchase Houston rival El Paso Corporation in a $38 billion deal, including debt, that will create the nation's fourth largest energy company with 80,000 miles of gas pipeline. Also, the nation's largest propane distributor, AmeriGas Partners, will acquire the propane operations of Energy Transfer Partners, Heritage Propane, in a $2.9 billion deal.
5 minute read

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