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The Legal Intelligencer

The Sword of Damocles and Relation Back: The Meaning of 'Good Cause'

The relation back component of Federal Rule of Civil Procedure 15(c) is like a sword of Damocles. Whether a plaintiff in good faith can file an amended complaint pursuant to Rule 15(c), which relates back to the time before the statute of limitations expired, can be the difference between the "life and death" for an action of malpractice versus a good night's sleep and no worries for the filling attorney.
10 minute read

Law.com

Federal Judge Sides With Cook County Sheriff's Office in Courthouse Deputy's ADA Compliance Dispute

"As written, the ADA is full of pitfalls and caveats that employers can use to avoid the ADA's mandate to ease the burden on disabled workers in staying gainfully employed. This decision is Exhibit A in employer manipulation of the law to avoid their corporate responsibility to assist the disabled in employment," the courthouse deputy's attorney, Cass T. Casper of Disparti Law Group in Chicago, told Law.com.
5 minute read

New Jersey Law Journal

Is Summary Judgement Dead?

"The entry of summary judgment in New Jersey civil cases is very rare. Should that be the case, though?" writes Iram P. Valentin of Kaufman Dolowich.
8 minute read

New York Law Journal

Weight of Evidence, Preservation, Third Department Joins Second, Fourth (and First)

The Third Department, in 'Fitzpatrick v. Tvetenstrand', has now adopted 'Evans' and 'Defisher'. It also logically reads the First Department's decision, 'Sims v. Comprehensive Community Development', abrogated by 'Ornstein v. New York City Health and Hospitals', as also so holding.
7 minute read

National Law Journal

'Perplexing': 6th Circuit Judge Criticizes High Bar for Securities Lawsuits

"Hopefully, a future panel of this Court, or the Supreme Court, can clarify the law along the lines described here, so that the majority's untenable views are not sustained," Judge Eric Clay wrote.
3 minute read

New York Law Journal

2023 Annual Report of the Clerk of the Court of Appeals

We are encouraged by, and very grateful for, Chief Judge Wilson's expressed "hope that, in coming years, we will receive even more civil motions and criminal leave applications, and that we will have the opportunity to decide even more appeals."
7 minute read

The Recorder

Lawyers, State Court Judges Reach Compromise on Summary Judgment Legislation

A new bill would extend filing deadlines for summary judgment motions while limiting what evidence can be introduced in reply briefs.
3 minute read

National Law Journal

Supreme Court Will Decide How Far Plaintiffs Can Go to Return to State Court

The issue before the justices is whether removing the federal question from a complaint requires that the litigation be remanded to state court.
3 minute read

Litigation Daily

New Rule on MDLs Should Prompt Courts to Reevaluate Involvement in Settlement

Hollingsworth's Robert E. Johnston and Gary Feldon write that MDL judges who decide merits questions should avoid direct involvement in settlement discussions and detailed reports on the negotiations.
6 minute read

The Recorder

Co-Founder Logan Paul Defends Prime Sports Drink on TikTok as Motion to Dismiss Decision Is Pending

YouTube influencer Logan Paul attempted to dispute class action allegations that Prime Hydration drinks contain dangerous levels of PFAS, posting a TikTok video addressing the suit to his more than 18.4 million followers, less than a week after a hearing on Prime's motion to dismiss in the U.S. District Court for the Northern District of California.
4 minute read

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