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New York Law Journal

NY Top Court Affirms November Ballot Question Asking to Codify Abortive Rights

The top court said it dismissed the appeal by Senate Republican Minority Leader Robert Ortt, R-Lockport, on the basis that he and other appellants were not aggrieved parties.
2 minute read

New Jersey Law Journal

NJ Supreme Court Reverses Appellate Division's Bright-Line Rule for Class Action Waivers Not Accompanied by Arbitration Provisions

"In this case, because plaintiffs clearly and unambiguously waived their right to maintain a class action and the lease contract is not unconscionable as a matter of law, we hold that it is enforceable," Justice Fabiana Pierre-Louis wrote for the court.
5 minute read

National Law Journal

3rd Circuit Weighs Constitutionality of Fishery Management Council Appointments

The council is charged with creating fishery management plans for regulating fisheries, which the U.S. commerce secretary reviews for legality and then decides whether to adopt a regulation to implement the plan.
4 minute read

Law.com

7th Circuit Panel Denies CITGO's Appeal Over $31M Pension Underpayments Class Certification, Trial Possible in November

"It really doesn't make any sense, in terms of judicial efficiency, to pause a case for an interlocutory appeal on a summary judgment motion when the trial is going to be completed this year," said Michelle C. Yau, chair of Cohen Milstein's Employee Benefits/ERISA practice. "What they were asking for was trying to fit a square peg in a round hole."
3 minute read

The Recorder

9th Circuit Denies Family's En Banc Request in Nazi-Looted Art Case

Boies Schiller Flexner partner David Barrett said the Cassirer family may take its quest to recover a Pissarro painting back to the U.S. Supreme Court.
3 minute read

The Legal Intelligencer

Appeals Court Clears Counsel of Sanctions Ordered Under Phila.'s Med Mal Program

The Superior Court ruled that sanctions "must be based in the rules or supported by contempt law, and must be based on actions in the individual case, not a courtwide policy for imposition of sanctions."
4 minute read

Daily Report Online

Clock Reset: This New Ruling Is Good News for Plaintiffs

"The Supreme Court made it clear that the General Assembly had the power to toll statutes of repose that it created," said appellant counsel Michael B. Terry. "This clarification may have impacts in a wide variety of cases."
8 minute read

National Law Journal

Will 7th Circuit Ruling Make Mass Arbitrations 'Too Onerous' for Plaintiffs Firms?

"The decision should put a significant dent in the current mass arbitration model, at least as it has been addressed in the reported decisions," said Allen Garrett Jr., a Kilpatrick Townsend partner.
5 minute read

Connecticut Law Tribune

Connecticut Supreme Court Identifies Misappropriation of Trade Secrets, Clarifies Noncompete Enforceability

"Under Roessler, a promise of indefinite, continued employment for an at-will employee in exchange for the employee's promise not to compete constitutes adequate consideration to form an enforceable agreement," the opinion said. "We conclude, therefore, that the trial court incorrectly determined that continued employment can never be consideration for a noncompete agreement."
6 minute read

National Law Journal

'Close Case': DC Circuit Revives Pro Se Litigant's Job Retaliation Suit Against ATF

"[I]t is reasonable to infer that a supervisor is more likely to retaliate against an employee that they know has previously complained about their own behavior than against an employee who has complained only about others," the appellate court held.
5 minute read

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