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National Law Journal

Justice Dept. Urges the Supreme Court to Rehear Immigration Case

The U.S. Justice Department on Monday asked the U.S. Supreme Court to rehear a challenge to the Obama administration's plan to delay the deportation of nearly five million undocumented immigrants.
9 minute read

Texas Lawyer

Dallas Lawyer Gets Back $16.9M Client Had Paid in Arbitration

The arbitration process has been a thorough nightmare for Tom Loose's energy company client. But Loose recently convinced Dallas Fifth Court of Appeals that his clients had a legal right to have their money back — including a finding that opposing counsel was jointly and severally liable for pre- and post-judgment interest in the case.
16 minute read

The Legal Intelligencer

Neidert v. Charlie, PICS Case No. 16-0871 (Pa. Super. June 29, 2016) Mundy, J. (13 pages).

Trial court properly granted employer's motion for a compulsory nonsuit in appellant's action against his employer/building owner asserting dual capacity because appellant could not establish a cause of action under that doctrine. Affirmed.
5 minute read

The Legal Intelligencer

Allegheny Gen. Hosp. v. Bur. of Workers' Comp. Fee Review Hearing Office (State Workers' Ins. Fund), PICS Case No. 16-0860 (Pa. Commw. July 6, 2016) Simpson, J. (23 pages).

A workers' compensation hearing officer erred in accepting that provider's reimbursement for trauma care could be repriced according to a fee cap in the MCC regulations. Order of the Workers' Compensation Fee Review Hearing Office reversed; case remanded.
6 minute read

The Legal Intelligencer

Kilmer v. Sposito, PICS Case No. 16-0852 (Pa. Super. July 1, 2016) Stevens, P.J. (10 pages).

Trial court erred in granting appellee's preliminary objections and in dismissing appellant's legal malpractice suit. The suit alleged appellee negligently advised her to file an election to take against her husband's will when pure operation of law would have given her a bigger share of her husband's estate. The policy of advancing the interests of finality in settlements in Muhammad v. Strassburger, McKenna, Messer, Shilobod and Gutnick, was inapposite in this case, since appellant's action focused on appellee's alleged failure to advise her correctly on the law pertaining to her interest in her husband's estate. Reversed.
5 minute read

New York Law Journal

Panel Says Lifting of Asset Freeze Doesn't Require Bank to Make Transfer

A New York bank that held a frozen electronic funds transfer for more than a decade to comply with a presidential order was under no obligation to complete the transfer after the freeze was lifted, a Manhattan appeals court ruled.
16 minute read

National Law Journal

When Justices Offer Their Regrets, It's Usually About the Law

Justice Ruth Bader Ginsburg's public statement Thursday that she regretted her comments about presidential candidate Donald Trump was extraordinary. When justices and judges voice regret or admit errors it's usually about the law and not politics. Here are some recent and not-so-recent regrets from jurists.
9 minute read

Daily Report Online

Appeals Court Upholds Disqualification of Attorneys in Waffle House CEO Extortion Case

The Georgia Court of Appeals upheld a Cobb County judge's disqualification of the lawyers representing the housekeeper of Waffle House CEO Joe Rogers, who is locked in litigation with the housekeeper, Mye Brindle, over what he claims were efforts to extort him with a secretly recorded video of the two engaged in a sex act. Brindle and her lawyers are also facing criminal charges in Fulton County over the incident.
7 minute read

National Law Journal

Merrick Garland Unsigned: Per Curiam Rulings Add to Nominee's Record

Supreme Court nominee took part in 54 cases in which the D.C. Circuit put out an unsigned, precedential opinion.
22 minute read

The Legal Intelligencer

Williams v. Pa. Ctr. for Rehab. & Care, PICS Case No. 16-0867 (Pa. Super. July 5, 2016) Dubow, J. (7 pages).

The trial court properly dismissed a post-trial motion where appellant failed to make financial arrangements to obtain notes of testimony in order to cite them in and attach it along with his brief. Judgment affirmed.
5 minute read

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