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|Back to the Drawing Board: The Use of Ethnicity-Based Statistics to Determine Economic Loss in Tort Cases Held Unconstitutional|
John J. Hare; Marshall Dennehey Warner Coleman & Goggin, P.C.;
August 13, 2015, previously published on August 12, 2015In a significant ruling issued on July 30, 2015, U.S. Judge Jack B. Weinstein of the Eastern District of New York held that it is unconstitutional to use ethnicity-based statistics to calculate future economic loss in tort cases. This ruling will likely spawn similar rulings and arguments...
|Supreme Ghostbusters: Rhode Island Supreme Court Imposes Limitations on Ghostwriting.|
Nicole J. Benjamin; Adler Pollock & Sheehan P.C.;
June 24, 2015, previously published on June 9, 2015The Rhode Island Supreme Court “ain’t afraid of no ghost.”1 In a long-anticipated, unanimous decision, the Rhode Island Supreme Court held yesterday that an attorney may not ghostwrite or otherwise assist a pro se litigant with the preparation of pleadings, motions, or other...
|Are Federal Appellate Courts Growing Impatient with Procedural Errors? — Risks for Clients and Their Counsel|
Bruce P. Merenstein, Carl A. Solano; Schnader Harrison Segal & Lewis LLP;
June 2, 2015, previously published on May 2015On May 7, 2015, the U.S. Court of Appeals for the Third Circuit affirmed a district court’s grant of partial summary judgment in a dispute about an indemnification agreement. That decision, Lehman Bros. Holdings, Inc. v. Gateway Funding Diversified Mortg. Servs., L.P., 2015 U.S. App. LEXIS...
|Appellate Division Enjoins COAH and State From Seizing Affordable Housing Development Fees from Municipalities|
Meryl A.G. Gonchar, Matthew J. Schiller; Greenbaum, Rowe, Smith & Davis LLP;
May 5, 2015, previously published on May 2015On April 9, 2015, the New Jersey Appellate Division, in In Re Failure of the Council on Affordable Housing to Adopt Trust Fund Commitment Regulations, enjoined the Council on Affordable Housing (COAH) and New Jersey's executive branch from seizing affordable housing development fees from...
|Recent Superior Court Decision Underscores Difficulty and Need for Caution When Determining Appealability of Orphans' Court Orders|
Roberta A. Barsotti, Carl A. Solano; Schnader Harrison Segal & Lewis LLP;
April 21, 2015, previously published on March 2015For several years, Pennsylvania judges, lawyers, and (even) rulemakers have struggled to define when an order entered in an Orphans’ Court proceeding is immediately appealable. The issue, of course, is critical, because failure to take a timely appeal from such an order may forfeit all...
|Supreme Court Clarifies Application of Final Judgment Rule in MDL Proceedings, But Uncertainty Remains|
Christian D. Sheehan; Schnader Harrison Segal & Lewis LLP;
April 20, 2015, previously published on February 2015On January 21, 2015, the Supreme Court issued its much-anticipated decision in Gelboim v. Bank of America Group. The case presented a single question: Is a district court order dismissing all claims in an action that was consolidated with several others for pretrial purposes a final and immediately...
|Supreme Court Reaffirms That an Appellee Who Does Not Seek To Enlarge Its Favorable Judgment Need Not File a Cross-Appeal To Attack a Lower Court Ruling|
Arleigh P. Helfer, Bruce P. Merenstein; Schnader Harrison Segal & Lewis LLP;
April 20, 2015, previously published on February 2015One of a litigator’s most crucial tasks is ensuring that issues and arguments in support of a client’s position are available if and when the case is presented to an appellate tribunal. While issue preservation is always a concern for appellants, who are subject to the doctrine of...
|Electronic Discovery & Information Governance - Tip of the Month: Proposed Federal Discovery Rules: Effect on Big Data and Social Media Discovery|
Michael D. Battaglia, Eric B. Evans, Kim A. Leffert, Anne M. Selin; Mayer Brown LLP;
April 14, 2015, previously published on March 31, 2015Plaintiffs have filed a complex class action case against a global multimedia conglomerate, alleging widespread employment discrimination that resulted in suppressed wages. Discovery has just begun, and plaintiffs have asked for all of the defendant’s pay and human resources data that reside...
|2015 ACA Reporting Requirements; Protecting Your Business's Marks from Competitors.|
Bruce 'Andy' Andrews; Sirote Permutt P.C.;
March 23, 2015, previously published on January 20, 2015In this week’s Alabama Law Weekly Update, we present for your consideration, first, a brief outline of new reporting requirements for larger businesses under the Affordable Care Act (the “ACA”); and second, a federal court decision highlighting important considerations for...
|Prevailing-party Agents Entitled to Attorney's Fees|
Bryan E. Mouber; Baker Sterchi Cowden & Rice, L.L.C.;
March 13, 2015, previously published on February 9, 2015In Curo Enterprises, LLC v. Dunes Residential Services, Inc., No. 111,191, 2015 Kan. App. LEXIS 1 (Kan.App. January 2, 2015), Curo, in its capacity as DPW’s agent, brought suit against Dunes, in its capacity as DPW’s property manager, in order to terminate DPW’s agreement with...