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Daily Report Online

Georgia Court of Appeals: Trial Court Cannot Assess Costs to Plaintiff Who Voluntarily Dismissed Personal Injury Claim

"In my view, he did not like us or the plaintiff," plaintiff's attorney Steve Leidel said about a retired trial judge. "It's my understanding that he solicited the clerk for costs and they never do that. I think it was possibly retributive for the fact that we did not want to proceed."
5 minute read

New York Law Journal

Departmental Schism Re Post-Judgment Reviewability of Sua Sponte Orders Continues

"The statute and 'Sholes' impose an onerous time-consuming process upon the aggrieved party who may be in need of immediate relief from a sua sponte order," writes Elliott Scheinberg.
8 minute read

New Jersey Law Journal

No Privilege for Medical Facilities Without a Separate Patient Safety Committee, Says NJ Supreme Court

"Defendants' certifications, which avow that their quality assurance and improvement committees also operated as patient safety committees to comply with the PSA, defeat their claims for the self-critical-analysis privilege," Justice Fabiana Pierre-Louis wrote for the court.
5 minute read

National Law Journal

Supreme Court Rejects Missouri's Lawsuit to Stop Trump's New York Sentencing

The high court's order stated that Justices Clarence Thomas and Samuel Alito Jr. would have allowed Missouri to pursue its lawsuit related to the criminal case against Trump but would otherwise have not disturbed the sentencing or gag order at this time.
4 minute read

Connecticut Law Tribune

Sharply Divided Conn. Supreme Court Chooses Broad View of Supervisor Role in Bias Case

The dissent claims the majority opinion could lead to employers escaping liability.
4 minute read

Daily Business Review

'One of Those Rare Cases:' Florida Appellate Court Reverses Personal Injury Verdict

The Fifth DCA held, "[W]here, as here, the record shows that evidence of pain is undisputed or substantially undisputed, and the trial court denies additur based on a zero-award for pain and suffering, discretion has been abused."
4 minute read

New York Law Journal

Exit Spring, Enter Summer

"As the summer days pass us by, we examine the decisions of the past several months that impacted the field of trusts and estates," writes Ilene Cooper.
10 minute read

National Law Journal

Md. Supreme Court Affirms Virginia Damages Cap in Medical-Malpractice Case

"We hold that the circuit court erred in applying the Maryland cap on non-economic damages to the damages that the jury awarded to Ms. [Shelly] Blackston," Justice Angela M. Eaves wrote in her opinion for the Maryland Supreme Court. "Therefore, the cap on damages under Virginia law, not Maryland law, is applicable to the damages awarded by the jury."
3 minute read

Law.com

Eighth Circuit on Copyright Law: Simple Form Is Not Copyrightable and Using a Meme Was Not Fair Use

The U.S. Court of Appeals for the Eighth Circuit expanded its jurisprudence on copyright law twice in recent months. Addressing questions ranging from copyrightability to fair use, and arising from separate disputes involving a car dealership's customer intake form and a popular meme, these two opinions round out a body of just seven decisions on copyright law released by this appellate court in the past five years.
8 minute read

Litigation Daily

Litigator of the Week: Reversing a $2B Trade Secret Verdict, the Largest in Va. History

Josh Rosenkranz, Eric Shumsky and Chris Cariello of Orrick, Herrington & Sutcliffe secured a ruling from a Virginia appellate court that wiped out a $2 billion trade secret damages verdict facing Massachusetts software company Pegasystems Inc.
9 minute read

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