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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 newyorklawjournal | New York Law Journal | June 23, 2017
RICO Claim Not Stated Over Mail, Wire Fraud Arising From Diversion of Political Donations
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By newyorklawjournal | New York Law Journal | June 23, 2017
Government Entitled to Default Judgment In Action Over $112,577 in Tax Liabilities
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By Max Mitchell | June 23, 2017
In a ruling that placed on pause an 11-year-old whistleblower suit against Pfizer, a federal judge has granted an immediate appeal on three issues that weigh into unsettled areas of law related to the False Claims Act.
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By Ian Lopez | June 23, 2017
Exterro's spring 2017 recap of e-discovery case law highlighted changing views on technology in litigation.
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By thelegalintelligencer | The Legal Intelligencer | June 23, 2017
Plaintiff sufficiently plead at least two potentially successful claims against defendants for fraud and negligent misrepresentation; therefore, defendants failed to satisfy their heavy burden of persuading the court that plaintiff fraudulently joined them as part of his lawsuit to defeat diversity jurisdiction. The court granted plaintiff's motion to remand.
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By thelegalintelligencer | The Legal Intelligencer | June 23, 2017
Plaintiff's motion for contempt based on the allegation that defendants continued to use the original name of their pharmacy after it had been found to violate the Lanham act failed because the only evidence presented was an undated advertising postcard. Motion denied.
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By thelegalintelligencer | The Legal Intelligencer | June 23, 2017
Trial court erred in relying on a local rule in denying appellant's petition to vacate an arbitration award and not issuing a rule to show cause because the local rule constrained the discretion of the trial court and appellant's petition, alleging that it was denied the right to an opportunity to be heard when the arbitration panel decided the matter without a hearing, was not insufficient as a matter of law. Reversed.
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By thelegalintelligencer | The Legal Intelligencer | June 23, 2017
Insurer reimbursement rates were exempt from disclosure under Right-to-Know Law because insurer was statutorily required to submit them to Insurance Department, and thus department was construed to have "requested" the documents. Order of the Office of Open Records reversed.
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By thelegalintelligencer | The Legal Intelligencer | June 23, 2017
Trial court properly found mother in contempt for relocating with the children in contravention of an order directing compliance with §5337 but trial court erred in finding her in contempt for enrolling child in preschool because there had been no legal determination of custody and abused its discretion in changing custody as a contempt sanction because there was no express notice that custody would be at issue. Affirmed in part and reversed in part.
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By thelegalintelligencer | The Legal Intelligencer | June 23, 2017
Husband's failure to make minimum monthly payments on an equitable distribution award constituted contempt, and wife was entitled to judgment for total unpaid installments, plus attorney fees. The issue of double-dipping from the same resource to pay support and the property division payments could have been addressed by a modification proceeding, which husband failed to pursue.
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