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Law.com

Maine High Court Reinstates Suit: Judicial Branch's Website Directed Plaintiffs to Follow Outdated, Pandemic-Era Form

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

New York Law Journal

Indigent Defense Argument Has Nothing To Do With Merits of Case

While the chief judge makes a forceful argument that bears making and repeating until all indigent defendants can be assured of "receiving a constitutionally fair trial," I respectfully question whether a concurring opinion is an appropriate place to make it.
4 minute read

The Legal Intelligencer

'Alleged Biological Parent's Rights': Pa. Justices Agree to Eye Long-Standing Paternity Legal Theory

The Supreme Court has previously noted that the theory "has been characterized as one of the strongest presumptions known to the law," and was originally developed "to shield a child from the stigma attached in the past to illegitimacy, which subjected the child to significant legal and social discrimination."
4 minute read

New Jersey Law Journal

A Call to Gov. Murphy: Veto the 'Gut OPRA' Bill

We realize this bill is the handiwork of powerful forces that thrive in darkness, and we realize it would take great courage for the Governor to break with his party and send the "gut OPRA" amendments back for an overhaul.
3 minute read

Daily Business Review

Litigator Workloads Could Spike Under Amended Civil Procedure Rules

"Attorneys have to be very attentive to these changes because they will impact every civil case and they will add to the expense of litigation," said Bruce Berman, a shareholder at Carlton Fields.
5 minute read

The Legal Intelligencer

How Clean Is the New Trial Slate Wiped

A new trial (whether by motion, necessitated by a mistrial, or ordered on appeal) certainly defeats law of the case. The slate-wiping function of a new trial means that the law-of-the-case doctrine is "misplaced."
7 minute read

Law.com

Massachusetts High Court Clarifies Trial Court's Role in Assessing Plaintiff's Initial Statement of Damages

"We conclude that the District Court judge erred in holding that G. L. c. 218, § 19A, constrains a court from looking beyond a plaintiff's initial statement of damages in assessing whether there is a reasonable likelihood that recovery by the plaintiff will exceed $50,000. Rather, the statute requires the court to consider the nature of the action itself—and thus the complaint then before the court," Associate Justice Elizabeth N. Dewar wrote on behalf of the SJC.
4 minute read

The Recorder

After Sanctions Row, DLA Piper Leads One Suit Against Bayer's Mirena IUD to Dismissal, as Identical Suit Is Filed

"Bayer is pleased with the plaintiff's decision to voluntarily dismiss these meritless claims against the Company in Sidhu and believes that the replicated claims raised in the Copeland filing are equally baseless," the company said in a statement. "The Company continues to stand behind the safety of the product that is supported by extensive scientific evidence."
5 minute read

The Legal Intelligencer

Pa. Appeals Court OKs New Trial After Counsel 'Profoundly' and 'Pervasively' Tainted Previous Trial

"In light of the unique circumstances of this case, the trial court's decision to grant appellees' motion for a new trial was based on careful observation of the proceedings and thoughtful consideration of the parties' interests and their arguments," Judge Dubow said.
4 minute read

New York Law Journal

Second Circuit Decision Spotlights RLUIPA's Reach, 'De Facto' Finality

The Second Circuit's decision puts municipalities on notice that attempts to delay a zoning decision may work against them when there are religious discrimination claims at stake.
11 minute read

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