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By Cedra Mayfield | May 29, 2024
"[T]his is an issue of gravity warranting our review in this case only if Smith is correct that the Court of Appeals actually held that trial courts have such broad power," read a denial decision penned by Presiding Justice Nels S.D. Peterson. "He is not."
8 minute read
By Avalon Zoppo | May 29, 2024
The appeals court weighed whether to allow New York to enforce its statute barring the practice of law by nonlawyers.
4 minute read
By Alex Anteau | May 29, 2024
"The mutual combat doctrine arose back in the mid-1990s. And since that period of time, there have been maybe seven or eight cases that have worked their way through the appellate courts," the plaintiff-appellants argued. "All those cases have one thing in common. The combatants … had absolutely no connection whatsoever with the establishment."
5 minute read
By Colleen Murphy | May 29, 2024
"The writing requirement's purpose to avoid misunderstanding is well illustrated here," the opinion said. "As the judge found, the situation was 'very unfortunate' for plaintiff and defendants, as both suffered 'damages.' Plaintiff, however, failed to meet its burden of substantiating the attorney's fees demanded against defendants under the breach of contract or quasi-contract theories."
4 minute read
By Colleen Murphy | May 28, 2024
"We conclude the sound reasoning applied by the Connecticut, Montana, and Kansas courts in interpreting their judicial dissociation statutes, which mimic N.J.S.A. 42:1A-31(e)(3), should be followed to judicially dissociate Blue Ocean Waters from its partnership with AC Ocean Walk," Appellate Divisison Judge Thomas Sumners Jr. said.
5 minute read
By Alex Anteau | May 28, 2024
The suggestion that this case should be remanded would make the enforcement of arbitration agreements unfavored because they would bounce back-and-forth between these courts," defendant-appellant attorney William "Bill" Holley of Bradley Arant Boult Cummings said.
5 minute read
By Riley Brennan | May 28, 2024
The court concluded that while the district court didn't err in dismissing the lawsuit over plaintiffs' nonappearance, as they believed they were to appear by telephone, the dismissal was too drastic given the circumstances.
4 minute read
By Avalon Zoppo | May 28, 2024
The law had bipartisan support amid lawmakers' concerns about national security posed by TikTok. But TikTok contends Congress provided no proof that the video app is or could be misused by the Chinese government.
3 minute read
By Avalon Zoppo | May 28, 2024
"Over the years and the decades of practice, there will still be things to learn," Lara Montecalvo told the law school graduates. "And it will be important to know that and to acknowledge it and to see those lessons when they present themselves."
4 minute read
By Susan Combs and Jessica Smith | May 28, 2024
The court held that special audit procedures in I.R.C. Section 7611 designed to protect churches' First Amendment rights do not constrain the IRS's power to obtain records via third-party summonses in investigating churches.
6 minute read
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