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Stories and case digests on notable rulings and key issues, and how to navigate frequent problems, "warning stories" about what not to do
By Edward T. Kang | June 20, 2024
Hypothetical questions can help facilitate conversations on judgments about the perceived likelihood or potential consequences of an event or an action. They can also help reveal hidden or flawed assumptions. Supreme Court justices, for instance, often use hypothetical questions to test the outer boundaries of what the advocate is asking the court to declare and of what the court may have to decide.
7 minute read
By Cheryl Miller | June 18, 2024
The deal, announced in broad terms Tuesday, will cap penalties on employers who act quickly to address Labor Code violations while maintaining key tenets of California's labor law enforcement structure.
3 minute read
By Riley Brennan | June 18, 2024
According to the plaintiff's pretrial memo, the plaintiff had offered to settle the case for $8 million, but private mediation was unsuccessful.
3 minute read
By Riley Brennan | June 18, 2024
The plaintiffs argued the defendant lawyers "manufactured an attorney-client relationship with a treating physician to control the treating physician's testimony."
5 minute read
By Jason P.W. Halperin and Erin Galliher | June 18, 2024
In criminal trials conducted in New York State, judges almost never send the written jury instructions back to the jury room for the jurors to review and consult while they are deliberating. This article explains the legal history of the current practice and why, in the authors' opinion, it's time to allow judges in New York to send the written jury instructions back to the jury room in criminal cases.
8 minute read
By Katryna L. Kristoferson and David Paul Horowitz | June 18, 2024
This month's Practical New York Practice™ column dives into the third, frankly mysterious formula set forth in CPLR 2104 to create an enforceable stipulation: "An agreement between parties or their attorneys relating to any matter in an action…reduced to the form of an order and entered."
13 minute read
By ALM Staff | June 17, 2024
This ruling was selected and summarized by the New York Law Journal's decisions editors.
3 minute read
By Max Mitchell | June 17, 2024
Case digests for state and federal courts in Pennsylvania can be found here.
1 minute read
By Edward M. Spiro and Christopher B. Harwood | June 17, 2024
Where diversity jurisdiction is lacking, removal to federal court typically requires the removed case to assert a federal cause of action. An exception exists, however, where removal is proper if the state cause of action asserted involves a substantial federal issue.
8 minute read
By Marianna Wharry | June 14, 2024
"We disagree the court lacked appellate jurisdiction. As we explained in our brief, appellate courts consider district court decisions that go to the merits of the case, which the Wyoming decision certainly did," May Mailman, who represented the sorority sisters, told Law.com in a statement. "Women deserve the camaraderie and safety of sororities, but unfortunately, it also appears they first need courts brave enough to say so."
4 minute read
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