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The Infrastructure Investment and Jobs Act and Remedial Programs
Known colloquially as the BIF—the bipartisan infrastructure framework—or sometimes as the "bipartisan infrastructure bill," even though it is no longer a bill, IIJA authorizes over a trillion dollars to an enormous variety of programs.
Merger Clauses: Satisfying the 'Danann' Specificity Requirement
The 'Danann' case stands for the now well-recognized principle that a specific merger clause—one encompassing the representations that are the subject matter of the fraud claim—will likely bar a plaintiff's fraud claim that looks outside the agreement. Recent Commercial Division decisions applying this 'Danann' standard are instructive as to how specific that clause must be.
'PAGA Is Broken': Critics Open New Fronts Against California's Key Labor and Wage Law
Opponents "have been trying to undo PAGA ever since it was passed," said Cynthia Rice, the attorney who helped write the landmark labor law almost two decades ago.
Vaccinated Jury, Counsel Conflict, Lack of Subject Matter Jurisdiction
In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant decisions, including: a denial of defendants' motions for a new trial based on the court's decision to seat only jurors who had been vaccinated against COVID-19; an affirmance of an order disqualifying a law firm from representing defendants while the firm was also representing a prospective trial witness with different interests; and a dismissal of an action seeking the refund of a federal tax penalty where the court lacked subject matter jurisdiction.
Law Journal Press | Digital Book
Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014
Authors: Michael D. Malfitano
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Lessons From a Blockbuster Section 1981 Jury Verdict
On Feb. 18, a Texas jury returned a verdict of $70 million for 10 race discrimination and retaliation plaintiffs, who asserted claims pursuant to 42 U.S.C. Section 1981 (Section 1981). The Yarbrough plaintiffs asserted no claims under Title VII.
'I Trust the Voters': Cobb Judge Explains Why He Created an Open Seat Election
Judge Robert Flournoy III is leaving his job open in the May election – which will include five qualified candidates. Contemporaries on his bench and others in the state have timed their retirements so that Gov. Brian Kemp has the opportunity to appoint their successors.
Filevine Secures $108 Million Investment, Sees Rapid Growth in Pandemic Market
The case management company noted that the new investment will be used to further expand its various client bases.
See Who Passed the February 2022 New York Bar Exam
The New York State Board of Law Examiners examined a total of 3,068 candidates, 1,378 of whom passed for an overall passing rate of 45%.
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