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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

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

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