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National Law Journal

Who Got the Work: Latham & Watkins and Shumaker Defend NASCAR in Antitrust Case

"This lawsuit is not about protecting competition; it's a bid by Plaintiffs to secure more money than they could through arm's-length negotiations," Latham & Watkins and Shumaker, Loop & Kendrick argued in court documents opposing a preliminary relief motion filed by Winston & Strawn.
4 minute read

Law.com

Saying 'No Answer Is Required' Is Insufficient Under Fed Rules of Civil Procedure, Court Says in Novel Ruling

"Nothing in Rule 8(b) permits a party to refuse to respond to an allegation because it purportedly is a 'legal conclusion' or 'speaks for itself,'" wrote U.S. District Judge Gorton for the District of Massachusetts.
3 minute read

The Legal Intelligencer

Unchargeable Conduct: The Next Frontier for Sentencing Reform

Under the previous rule, a defendant who was convicted of one charge but acquitted of another could still face punishment for the acquitted conduct, so long as the government could convince the judge at sentencing that it was more likely than not that the defendant did in fact commit the crime.
3 minute read

New York Law Journal

Decision of the Day: De Blasio Must Sit for Deposition in Suit Over City Program to Transfer Foreclosed Properties

This ruling was selected and summarized by the New York Law Journal's decisions editors.
2 minute read

Delaware Business Court Insider

Chancery Court Exercises Discretion in Setting Bond in a Case Involving Share Transfer Restriction

The Vice Chancellor's decision illustrates the court's discretion and, in this instance, common-sense approach to requiring a bond in the context of provisional relief.
6 minute read

Delaware Business Court Insider

Following 'Purdue Pharma,' Del. Bankruptcy Court Clarifies Standard Applicable to 'Opt-Out' Releases of Claims Against Nondebtors

The court was careful to confine its ruling to precisely the foregoing, and expressed no opinion on plan releases other than nonconsensual ones. In particular, the court was careful to note, "Nothing in what we have said should be construed to call into question consensual third-party releases offered in connection with a bankruptcy reorganization plan."
8 minute read

The Recorder

California Appeals Court Rejects Marijuana Grow Permit, Citing Federal Illegality

"No matter how much California voters and the Legislature might try, cannabis cultivation and transportation are illegal in California as long as it remains illegal under federal law," wrote Presiding Justice Arthur Gilbert of the Second District Court of Appeal
4 minute read

Law.com

Infant Formula Judge Sanctions Kirkland's Jim Hurst: 'Overtly Crossed the Lines'

The Oct. 24 sanction banned Hurst, of Kirkland & Ellis, from presenting evidence or closing arguments for the remainder of the trial. "Mr. Hurst's professional conduct has been reasonably called into question," he wrote.
4 minute read

New York Law Journal

Decision of the Day: Landlord Cannot Serve Eviction Warrant on 13-Year-Old

This ruling was selected and summarized by the New York Law Journal's decisions editors. 
2 minute read

National Law Journal

'Absurd Costs'?: Visa Faces Antitrust Class-Action Surge Following DOJ Complaint

At least four antitrust class actions allege Visa forced merchants and consumers to pay artificially inflated prices for debit card transactions, mirroring the allegations of a U.S. Department of Justice complaint.
3 minute read

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