Civil Appeals

  • New York Law Journal

    Civil Confinement Retrial Ordered Over Juror Error

    By B. Colby Hamilton | July 5, 2017

    An anonymous appellant has been granted a new trial after an Appellate Division, Second Department, panel found the lower court improperly allowed a biased juror to serve during a convicted sex offender's civil confinement trial in 2014.

    1 minute read

  • National Law Journal

    Justices' Broad View of 'Families' Is Tested in Trump Travel Ban

    By Marcia Coyle | July 5, 2017

    The Trump administration may not view grandparents, aunts, uncles and others as having close enough family relationships in the United States to be excluded from the government's travel ban, but the U.S. Supreme Court on at least two occasions, in different contexts, has recognized the importance of those family bonds.

    1 minute read

  • Daily Report Online

    Man Stabbed While Fighting Ex-Girlfriend Can't Sue Apartment Owners, Appeals Court Rules

    By Greg Land | July 5, 2017

    The Georgia Court of Appeals has affirmed a DeKalb County judge's dismissal of a premises liability suit brought by a man stabbed repeatedly during a dustup with his ex-girlfriend.

    1 minute read

  • National Law Journal

    New FTC Policy Would Shield Lawyers, Staff From Personal Liability

    By C. Ryan Barber | July 5, 2017

    The Federal Trade Commission on Wednesday adopted an indemnity policy that will shield lawyers and other staff from any personal liability for enforcement actions that draw a lawsuit and expose them to a monetary judgment. The new policy comes as two FTC lawyers press for immunity, in court, over their roles in a data-breach case against the now-shuttered medical device company LabMD.

    1 minute read

  • Daily Report Online

    Chrysler Granted Cert on $40M Judgment for Exploding Jeep Gas Tank

    By Katheryn Hayes Tucker | July 3, 2017

    The Georgia Supreme Court has decided to take a look at Chrysler's appeal of a $40 million judgment, reduced from a $150 million verdict for the family of a 4-year-old boy killed when a Jeep gas tank exploded. The justices split over what questions to consider but granted the writ of certiorari Friday on two issues with which they are "particularly concerned."

    1 minute read

  • Daily Report Online

    Appeals Court Scraps $50K Fee Award to Special Prosecutor

    By Greg Land | July 3, 2017

    The Georgia Court of Appeals has vacated and remanded a judge's order awarding nearly $50,000 in attorney fees and expenses to a lawyer sued over his work as a special prosecutor cracking down on illegal gambling on coin-operated machines.

    1 minute read

  • National Law Journal

    Trump Administration, in U.S. Appeals Court, Rebuffs Challenge to 'Fiduciary Rule'

    By Mike Scarcella | July 3, 2017

    The U.S. Labor Department late Monday urged a federal appeals court to largely uphold Obama-era regulations that confronted and sought to curtail conflicts of interest in the retirement-investment market. The government asked the U.S. Court of Appeals for the Fifth Circuit to vacate one provision that restricts class-action waivers.

    1 minute read

  • Texas Lawyer

    Texas Supreme Court Sides With Democrats in Upholding Corporate Campaign Ban

    By John Council | July 3, 2017

    The all-Republican Texas high court said it was bound to follow U.S. Supreme Court jurisprudence allowing restrictions on corporate campaign contributions.

    1 minute read

  • New York Law Journal

    Pyrrhic Victories Are to Be Avoided

    By Thomas R. Newman and Steven J. Ahmuty Jr. | July 3, 2017

    Appellate Practice columnists Thomas R. Newman and Steven J. Ahmuty Jr. use two recent cases to remind practitioners that it cannot be counted a victory if a favorable verdict is set aside by the trial or appellate court after a lengthy trial and the case must be retried at considerable expense, loss of time and renewed mental and emotional strain on the injured party or his or her survivors—all because of counsel's avoidable error.

    1 minute read

  • Daily Report Online

    Lawyers Turn Out the Lights on Power Co-op Suits After Appellate Ruling

    By R. Robin McDonald | June 30, 2017

    When attorneys sued Georgia's electric power cooperatives on behalf of millions of current and former power customer members, they claimed the cooperatives, known as electric membership corporations, for decades had withheld as much as $2 billion in profits that should have, by law, been distributed regularly to their members.

    1 minute read

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