NEXT
Sign in to follow

New York Law Journal

The Relevance of Pretextual Motives in Takings Clause Challenges

In 'Brinkmann v. Town of Southold', the Second Circuit addressed whether compensated takings for public use may be challenged as the product of bad-faith or pretextual motives under the Takings Clause of the Fifth Amendment to the U.S. Constitution.
8 minute read

New York Law Journal

What Does 'Subtantial Basis' Mean Under NY's Anti-Slapp Statute?

This article is based on the recent First Department decision, "Reeves v. Associated Newspapers, Ltd." which presents the issue of what constitutes a "substantial basis in law" under the anti-SLAPP law to warrant mandatory costs and attorneys' fees to SLAPP defendant.
7 minute read

National Law Journal

Which Federal Appeals Courts Grant Oral Argument the Most and Least Often?

Oral argument rates among the circuits may be affected by the types of cases they hear. For example, the D.C. Circuit, with the highest rate, often weighs complex administrative law issues best addressed through oral argument, said appellate attorney Mark Gidley.
6 minute read

The Legal Intelligencer

Pa. Justices Agree to Reconsider Longstanding Statutory Employer Defense Precedent

"The doctrine was created to protect injured workers and is now being used primarily to hurt them. The doctrine has no need this day and age. We look forward to presenting our arguments to the court," said David B. Pizzica of Pansini and Pizzica Law Group.
4 minute read

The Legal Intelligencer

Judge Clears Path for Genesis Diagnostic's Dispute Over $419K of Lab Testing

In opposition, Kaiser argued Genesis failed to allege sufficient facts to show a contract existed, claiming the lab failed to adequately plead it "received a valid assignment of benefits from anyone."
4 minute read

New Jersey Law Journal

'Canary in the Mine': Emojis, Emoticons Muddle Contract Considerations

At the root of the issue is the serious legal concern over whether there is a meeting of the minds such as to find and discern the parties' intent.
4 minute read

Daily Business Review

Wells Fargo Sued Over $300M Ponzi Scheme

"I come wearing a white hat," said Attorney Daniel J. Stermer, a court-appointed corporate monitor.
4 minute read

The Legal Intelligencer

FTC Ban on Noncompetes: Antitrust Implications of Agreements

As a growing body of academic literature asserts, noncompetes are restraints against competition, and they are harmful to both employees and the economy. As one of the major levers that the federal government has over the economy, antitrust laws can provide significant deterrence to abuse of noncompetes by employers.
9 minute read

The Legal Intelligencer

Judge 'Raises Eyebrow' to Products Liability Suit Against Amazon, but Sustains Claims

In his complaint, the plaintiff had noted ratings and identifiers for the product, and had contended that an Amazon vehicle delivered the cream to his barber.
5 minute read

New Jersey Law Journal

Looming Title IX Changes Are an Unfortunate Step Backward

The regulatory regime being introduced this August is not the kind of justice system that students deserve.
4 minute read

TRENDING STORIES

Law Pro Logo

Featured Firms

Law Offices of Gary Martin Hays & Associates, P.C.

(470) 294-1674

Law Offices of Mark E. Salomone

(857) 444-6468

Smith & Hassler

(713) 739-1250

More from ALM

More from ALM

Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.

Resources

  • 5 Proven Steps to Accelerate Business Growth in a Crowded Legal Market

    Brought to you by AllRize

    Download Now

  • 2024 Report: Digital Payments in Class Actions and Mass Torts + a Special Look at Industry Fraud

    Brought to you by Western Alliance Bank, Member FDIC.

    Download Now

  • Law Firm Office Space Perspective: Major U.S. Markets

    Brought to you by JLL

    Download Now

  • Expanding Your Practice Areas: How to Expand Offerings that Attract and Retain Clients

    Brought to you by Filevine

    Download Now