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Daily Report Online

'Paragraph V Displaced Lathrop': High Court Mulls Sovereign Immunity Waiver Disputes

"Is it your read of Paragraph V, that Paragraph V expanded sovereign immunity to claims that it had never applied to before?," Presiding Justice Nels S. D. Peterson asked appellant counsel during oral arguments Wednesday.
7 minute read

Delaware Business Court Insider

Boy Scouts Bankruptcy Appeal Raises Questions on Mootness, Releases

For those who have already received compensation, a lawyer representing abuse victims said, it's come at a personal cost, as the terms of the effective plan have required them to answer 81-page questionnaires, sit for depositions and ask others to submit affidavits as proof of their scouting involvement.
4 minute read

The Legal Intelligencer

Pa. Court Denies Procedurally Deficient Request for Delay Damages in $4.1M Personal Injury Verdict

The majority concluded Arreguin's request failed as she didn't comply with Pennsylvania Rule of Civil Procedure Rule 238(c)'s holding that a motion for delayed damages must begin with a scripted notice.
5 minute read

The Legal Intelligencer

Why Now Might Be a Great Time to Sue the Government

While many of the court's opinions will have major implications for Americans, it is the court's crackdown on the power of government regulators that may have the most profound effect of all.
7 minute read

Daily Report Online

State Appeals Court 'Reluctantly' Remands $1.7B Punitive Damages, Sanctions Against Ford for Fatal Rollover

The sanctions came in response to Ford's alleged attempts to reach a "compromise verdict," and force a mistrial for products liability claims. However, those sanctions "almost completely prevented Ford from presenting a defense as to liability," according to Appellate Judge M. Yvette Miller.
8 minute read

Daily Business Review

Courts of Appeal Conflicted Over Rule 1.442(c)(3) When Claims for Damages Involve a Husband and Wife

This article explores the conflict between the Second District Court of Appeal and the Fourth District Court of Appeal about whether a proposal for settlement must be apportioned when made by or to a husband and wife bringing a claim for damages.
10 minute read

National Law Journal

End of an (Chevron) Era: DC Circuit Tackles Challenge to Fishing Monitor Rule, Again

Judges said the court could turn to the statute's legislative history and other avenues to uphold the regulation even with Chevron deference gone.
4 minute read

Daily Report Online

High Court to Weigh If Amended Complaints Establish Sovereign Immunity Waiver

"To allow a waiver as a result of an amendment would strain a court's discretion when the complaint is deficient in the first place," read an appellant brief filed on behalf of Cobb County governmental defendants.
6 minute read

New Jersey Law Journal

'Point Us to the Plain Language': NJ Supreme Court Grills Defense Statutory Requirements for Affidavit of Merit

The arguments involved a case where the trial court and Appellate Division came to opposite conclusions on whether plaintiffs must serve an affidavit of merit in multiple specialties for a suit against a doctor with more than one specialty.
5 minute read

Daily Business Review

Florida Court's Reversal of Attorney Fees Triggered by Client's Death

"If you find out your client has died, and you have upcoming deadlines on fees, you need to be proactive. You need to substitute the right party—the estate—and at the very least, inform the court that you need time to complete that process," said Ed Mullins, partner at Reed Smith.
4 minute read

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