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New York Law Journal

Decision of the Day: Issues of Fact Exist as to Architect's Responsibility for Fire in New Fireplace

This ruling was selected from New York's court dockets and summarized by the Law Journal's decision editors.
2 minute read

Connecticut Law Tribune

Norm Pattis Questions Judge's Impartiality in Suspension, Requests to Continue Law Practice in DC

"The underlying proceedings in Connecticut resulting in suspension arose in a unique context and were conducted by a judicial officer for whom there are good grounds to question impartiality and the application of due process," the motion said.
3 minute read

Law.com

Judgment Reversed: COVID-19 Restrictions, Economic Challenges Alone Don't Excuse Tenants' Failure to Pay Rent

"Is the contract still able to be performed? If the answer is, 'No,' then there's certainly the argument that performance may be impossible or impractical, the purpose of it may have been frustrated, and so forth," said Peter Byrnes on behalf of the landlord.
6 minute read

Daily Report Online

Largest-Ever Verdict in Bibb County Reached in Negligence Case Involving Abuse of Developmentally Disabled Man

Total Care Community Living is on the hook for $118 million following a jury verdict reached last week which found the company negligent in allowing a severely disabled man in Macon to be abused by its employees at a day activity.
3 minute read

Connecticut Law Tribune

Norm Pattis Files Motion for Stay Regarding His Suspension

"The court's interest in administering and imposing professional discipline—not as punishment, but rather to enforce its standards and norms of attorney conduct for the protection of the public, the faith of the public in the court and the guidance of the legal profession—would not be hindered or interfered with by staying the discipline order," the motion to stay said.
3 minute read

Daily Business Review

Florida Supreme Court Ruling 'Guts the Impact of Punitive Damages'

"This ruling will not please the members of the plaintiffs bar but will provide comfort to those concerned about what they perceive to be 'runaway' jury verdicts," said John Meagher, managing partner and chair of the insurance practice group at Shutts & Bowen.
5 minute read

Law.com

Attorneys Mull Appeal After $24M Punitive Damages Award in Charlottesville Case Is Capped at $350K

"Judge Moon's lengthy opinion reviewing the mountain of evidence we introduced at trial and affirming the jury verdicts on the culpability of each and every defendant confirms what really happened—motivated by the tenets of white supremacy, defendants engaged in a wide-ranging conspiracy to commit violence in Charlottesville in August 2017," plaintiffs counsel said.
7 minute read

Law.com

State High Court Sets Aside $3.5M Verdict for Homeowners, Instructs Jury to Consider 'Reasonable' Operation of Golf Course

"We believe that notwithstanding the instruction that the jury did not receive from the trial judge, we expect that the jury will be able with the new instruction to find that a reasonable use of the golf course was not being made by the golf course owner and the course's unreasonable use has caused a significant amount of golf balls to strike their home, cause significant property damages, and substantial mental anguish," said the plaintiffs' attorney, Robert W. Galvin of Galvin & Galvin.
4 minute read

The Legal Intelligencer

Plaintiff's Second Go at Trial Lands Him With Fraction of Original Verdict

An indirect challenge to the plaintiff's credibility was an effective tactic in convincing the jurors to hand up a lower award, said defense counsel Paul Leary of Cozen O'Connor.
4 minute read

Law.com

Appellate Court Reverses Judgment for Commercial Landlord in Tenant Default Case: 'Acceleration Clause Is an Unenforceable Penalty'

"A provision such as this bears no reasonable relationship to expected damages and is thus unenforceable as a penalty," Associate Justice Sookyoung Shin wrote on behalf of the unanimous panel.
5 minute read

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