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National Law Journal

'Rapidly Closing Window': Progressive Groups Urge Senate Votes on Biden's Judicial Nominees

"We have always been adamant that the Senate must confirm all of President Biden's nominees and fill every possible vacancy, regardless of who wins the election," said Jake Faleschini, of Alliance for Justice.
5 minute read

Law.com

Judge Relies on Recent 8th Circuit Clarification in Quest for Punitive Damages Against Logistics Company

The district court's decision hinged on a July ruling by the U.S. Court of Appeals for the Eighth Circuit, which clarified the standard of proof in an action brought by a plaintiff who claimed he was severely injured when a nitric acid plant negligently released a cloud of toxic gas.
5 minute read

The Legal Intelligencer

Appeals Court Rules Pittsburgh School District Immune to Suit Over Sex Abuse of Disabled Student

The en banc panel ruled that the school district was shielded from the plaintiffs claims because Pennsylvania's exception to sovereign immunity in instances of sexual abuse only applies when the victim is a minor.
4 minute read

New Jersey Law Journal

NJ Appellate Division Holds 'Clickwrap' Arbitration Provision Enforceable

"For consumers, the decision underscores the need to carefully review any terms of use or terms of service attached to a website or app," write Day Pitney's Michael L. Fialkoff and Andrew R. Ingalls
5 minute read

The Legal Intelligencer

Civil RICO's Expanding Reach: From Foreign Schemes to Lost Employment

Some recent cases, such as Yegiazaryan v. Smagin and Medical Marijuana v. Horn, show that the courts are grappling with the statute's injury requirement and might expand the sense of hope for plaintiffs.
7 minute read

Daily Report Online

'Paragraph V Displaced Lathrop': High Court Mulls Sovereign Immunity Waiver Disputes

"Is it your read of Paragraph V, that Paragraph V expanded sovereign immunity to claims that it had never applied to before?," Presiding Justice Nels S. D. Peterson asked appellant counsel during oral arguments Wednesday.
7 minute read

New York Law Journal

FOIA Claims Dismissed Based on Res Judicata, New Trial Granted and Qui Tam Claims

This column reports on several recent significant decisions from the United States District Court for the Eastern District of New York. Judge Natasha C. Merle dismissed claims based on res judicata. Judge Frederic Block granted a motion for a new trial due to an excessive damage award. And Judge Brian M. Cogan dismissed qui tam claims under the False Claims Act for lack of subject matter jurisdiction.
8 minute read

Litigation Daily

A Look Back at 'Goldman Sachs': How Price Impact Is Changing Securities Class Actions

"Courts have started to apply the 'Goldman' framework in the context of class certification," said Sullivan & Cromwell co-chair Robert Giuffra, who represented the bank in the case the Second Circuit decided a little more than a year ago. "And so it's becoming the new thing in securities litigation, at least in the context of event-driven litigation."
5 minute read

The Recorder

California Gearing Up, Again, to Serve as Trump's Legal Adversary

"Federalism is the cornerstone of our democracy," Gov. Gavin Newsom's said in statement. "It's the United STATES of America."
4 minute read

Delaware Business Court Insider

Boy Scouts Bankruptcy Appeal Raises Questions on Mootness, Releases

For those who have already received compensation, a lawyer representing abuse victims said, it's come at a personal cost, as the terms of the effective plan have required them to answer 81-page questionnaires, sit for depositions and ask others to submit affidavits as proof of their scouting involvement.
4 minute read

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