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HTMLNon-Mutual Collateral Estoppel: A Shield, but Now Clearly Also a Sword
J. Bradford McCullough; Lerch, Early & Brewer, Chartered;
Legal Alert/Article
June 19, 2016, previously published on May 27, 2016
Last summer, I reviewed the decision of the Court of Appeals in Shader v. Hampton Improvement Ass’n, Inc., 443 Md. 148 (2015), and the decision of the Court of Special Appeals in Garrity v. Maryland State Bd. of Plumbing, 221 Md. App. 78 (2015), and posed the following question: In addition...


HTMLSupreme Court Explores Injury Requirement for Federal Statutory Standing
Wilson G. Barmeyer, Thomas M. Byrne, Valerie Strong Sanders, Steuart H. Thomsen, Lewis S. Wiener; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 17, 2016, previously published on May 16, 2016
In a 6-2 opinion issued today, the Supreme Court vacated a Ninth Circuit holding that a plaintiff who alleges that his own federal statutory rights have been violated has alleged enough to establish Article III standing to sue. The Court remanded the long-pending Fair Credit Reporting Act case,...


HTMLGeorgia Supreme Court Expands as its Jurisdiction Contracts
Thomas M. Byrne; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 5, 2016, previously published on May 4, 2016
Somewhat obscured by the social-issue hubbub during the recently ended session of the Georgia General Assembly was the enactment of an historic expansion of the Georgia Supreme Court and a reallocation of not only its appellate jurisdiction but also that of the Georgia Court of Appeals.


HTMLNew York Governor Fills Appellate Division Vacancies
Meghan M. Brown, Matthew S. Lerner; Goldberg Segalla LLP;
Legal Alert/Article
March 14, 2016, previously published on March 1, 2016
In a sweeping exercise of his authority, on Thursday, February 18, 2016, New York Governor Andrew Cuomo appointed 10 judges to fill vacancies in all four of the state’s Appellate Division departments of the Supreme Court. The governor has the authority to appoint justices to each Appellate...


HTMLThe Pursuit of the Trivial - Is This How the New York Court of Appeals Has Been Spending Its Time? Well, Yes (But With a Purpose)
Robert A. Faller; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 7, 2016, previously published on March 1, 2016
An issue of consistent significance in trip and fall cases involving walking surfaces is whether the mechanism of the fall—a hole, a protrusion, an uneven surface—constitutes a defect so trivial as to render the claim not actionable. The Court of Appeals, New York’s highest court,...


HTMLCan a Relator Amend or Supplement Her Complaint
Waters Kraus LLP;
Legal Alert/Article
February 18, 2016, previously published on December 28, 2015
Filing a complaint expeditiously for a whistleblower and her lawyer is a top priority for experienced qui tam attorneys. As we previously discussed in the article titled, Reporting Fraud by Filing a Qui Tam Case, timeliness is of the essence to meet the first to file rule. And if the...


HTMLNew York's Highest Court Has a New Associate Judge
Matthew S. Lerner, William T. O'Connell; Goldberg Segalla LLP;
Legal Alert/Article
February 17, 2016, previously published on February 10, 2016
On Monday, February 8, 2016, the New York State Senate confirmed Governor Andrew Cuomo’s nomination of U.S. attorney Michael Garcia to the New York Court of Appeals, the state’s highest court. The confirmation comes just weeks after the Senate confirmed Janet DiFiore as the...


HTMLAppellate Division of New Jersey Declines to Exercise Jurisdiction over Pip Reimbursement Action
Gina M. Zippilli; Capehart & Scatchard, P.A.;
Legal Alert/Article
December 30, 2015, previously published on December 11, 2015
The issue in Yoo v. Travelers of New Jersey, A-5810-13T2 (App. Div. November 17, 2015), is one we have seen before, namely whether the Appellate Court will entertain jurisdiction over reimbursement actions regarding personal injury protection (“PIP”) benefits. Yoo reaffirms the long...


Adobe PDFRecent Second Circuit Decision Teaches Trial Lawyers a Difficult Appellate Lesson: Following Trial Rules that Conflict with Rules of Appellate Procedure Can Cause Forfeiture of Appellate Rights
Bruce P. Merenstein; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
October 19, 2015, previously published on October 2015
Lawyers are taught to follow the rules, and that includes local rules of trial courts and individual judges. But a recent Second Circuit decision adds an important caveat to that lesson: beware of local rules that can lead to forfeiture of appellate rights. In Weitzner v. Cynosure, Inc., No....


Adobe PDFShould I Stay or Should I Go? The Third Circuit Explains How Courts Should Balance Clashing Stay Factors
Bruce P. Merenstein; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
October 14, 2015, previously published on October 2015
The United States Court of Appeals for the Third Circuit recently issued a rare opinion addressing the analysis courts should undertake when considering a request to stay a trial court judgment or order pending appeal.


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