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By Elliott Scheinberg | May 1, 2024
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
By Aleeza Furman | April 30, 2024
"Mitsubishi Motors respectfully disagrees with the trial court's decision to uphold the verdict and intends to appeal to the Superior Court of Pennsylvania," counsel for the defendant said in a statement.
4 minute read
By Avalon Zoppo | April 30, 2024
"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
By Alex Anteau | April 30, 2024
According to the defendant-appellants, the plaintiff's demand was emblematic of a "set-up" offer by which an "attorney could … try to avoid a policy-limits settlement by sending a needlessly complicated demand with a myriad of confusing and seemingly trivial terms designed to elicit a rejection."
5 minute read
By Aleeza Furman | April 30, 2024
"To provide much needed constitutional clarity after Mallory and conclusively resolve the jurisdictional status of nearly 90% of the total plaintiffs in the Paraquat mass tort program, this court should grant Syngenta Crop's petition for permission to appeal," the defendant argued.
3 minute read
By Thomas R. Newman and Steven J. Ahmuty Jr. | April 30, 2024
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
By Samuel Estreicher and Peter Rawlings | April 30, 2024
A pending Second Circuit case will likely decide whether employers facing a preliminary injunction proceeding brought by the National Labor Relations Board can obtain court-sanctioned discovery from rank-and-file employees of their views of the "chilling effect" of particular employer actions on their willingness to support the union seeking to organize them.
6 minute read
By Ross Todd | April 30, 2024
Over the past couple of years we've written about what the relative dearth of cases proceeding to a jury verdict has meant for the trial courts and law firms. Our colleague Avalon Zoppo recently looked at what it means for appellate courts and the development of the law.
4 minute read
By Brian Lee | April 29, 2024
While Judge Caitlin Halligan has had to recuse from two high-profile cases, a court spokesman said the rule was in development before she joined the high court.
5 minute read
By Jimmy Hoover | April 29, 2024
The petitioners—Medical Marijuana Inc., Dixie Holdings LLC and the two companies' joint venture that launched Dixie X—argue that RICO does not allow plaintiffs to bring claims for civil damages stemming from a personal injury.
4 minute read
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