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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 Riley Brennan | May 8, 2024
The complaint, which was filed in the U.S. District Court for the Middle District of Pennsylvania, marks a rare occurrence for the federal agency to file suit in the Keystone state, and comes after the bureau has intensified its scrutiny of the student loan industry.
3 minute read
By Elliott Scheinberg | May 7, 2024
Elliott Scheinberg makes an amendment to his recent Appellate Practice column, "Weight of Evidence, Preservation, Third Department Joins Second, Fourth (and First)," which the New York Law Journal published on May 1, 2024.
3 minute read
By Peter Vaira | May 7, 2024
What does it mean to operating a law firm. Law firms operate every day on the receipt of information from investigators, from commercial institutions, opinions by experts, and memos by partners and associates, and most importantly, briefs and memoranda from opposing counsel in active litigation. Given the growing use of AI, how do the firms deal with the information received on a practical basis?
5 minute read
By Avalon Zoppo | May 6, 2024
It's a simple tool that can save time and energy for multitasking attorneys and help pro se litigants who might especially struggle with learning complex procedural rules, said Clerk of Court Chris Wolpert.
4 minute read
By Cliff Rieders | May 6, 2024
The relation back component of Federal Rule of Civil Procedure 15(c) is like a sword of Damocles. Whether a plaintiff in good faith can file an amended complaint pursuant to Rule 15(c), which relates back to the time before the statute of limitations expired, can be the difference between the "life and death" for an action of malpractice versus a good night's sleep and no worries for the filling attorney.
10 minute read
By Riley Brennan | May 2, 2024
"As written, the ADA is full of pitfalls and caveats that employers can use to avoid the ADA's mandate to ease the burden on disabled workers in staying gainfully employed. This decision is Exhibit A in employer manipulation of the law to avoid their corporate responsibility to assist the disabled in employment," the courthouse deputy's attorney, Cass T. Casper of Disparti Law Group in Chicago, told Law.com.
5 minute read
By Iram P. Valentin | May 2, 2024
"The entry of summary judgment in New Jersey civil cases is very rare. Should that be the case, though?" writes Iram P. Valentin of Kaufman Dolowich.
8 minute read
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 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 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
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