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  • September 21, 2022 | The Recorder

    On Appeals: When the Court Phones a Friend: Certification of Questions of State Law

    Given the increased interest in certification, litigators of all stripes should understand the rules governing it.

    7 minute read

  • Pipkins v. LaBiche Architectural

    Publication Date: 2022-09-19
    Practice Area: Civil Appeals | Civil Procedure | Personal Injury
    Industry:
    Court: Court of Appeals
    Judge: Justice Johnson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 09-21-00301-CV

    A plaintiff, who filed suit against an architect but failed to conform to procedural rules, successfully proved on appeal that the trial court erred in dismissing her case after she conformed within the grace period.

  • September 13, 2022 | New York Law Journal

    Realty Law Digest

    Scott Mollen discusses 'West Side Marquis, LLC v. De Jourdan,' where it was held that a newly enacted rent control law supersedes a private agreement between the landlord and tenants; and 'Matter of Obus v. New York State Tax Appeals Tribunal,' where the court held that the petitioners' frequent use of their New York vacation home does not make them state residents.

    13 minute read

  • Hyland v. Navient Corp.

    Publication Date: 2022-09-13
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights
    Industry:
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Raymond J. Lohier, Jr.
    Attorneys: For plaintiff: For Plaintiffs-Appellees Kathryn Hyland, Melissa Garcia, Jessica Saint-Paul, Rebecca Spitler-Lawson, Michelle Means, Elizabeth Kaplan, Jennifer Guth, Megan Nocerino, Elizabeth Taylor, and Anthony Church, each individually and on behalf of all others similarly situated: Faith E. Gay, Yelena Konanova, David A. Coon, Max Siegel, on the brief, Caitlin J. Halligan, Selendy & Gay PLLC, New York, NY; Mark Richard, Phillips, Richard & Rind, P.A., Miami, FL.
    for defendant: For Defendants-Appellees Navient Corporation, Navient Solutions, LLC: Ashley M. Simonsen, Covington & Burling LLP, Los Angeles, CA; Andrew A. Ruffino, Covington & Burling LLP, New York, NY. For Objector-Appellant William Yeatman: Anna St. John, Hamilton Lincoln Law Institute, Center for Class Action Fairness, Washington, DC. For Objector-Appellant Richard Estle Carson, III: Eric Alan Isaacson, Law Office of Eric Alan Isaacson, La Jolla, CA.
    Case Number: 20-3765-cv

    Fair Settlement's Cy Pres Award Aids Class Member Navigation of Loan Forgiveness Program

  • Luke v. State of Texas

    Publication Date: 2022-09-12
    Practice Area: Civil Appeals | Constitutional Law | Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Fifth Circuit
    Judge: Circuit Judge Costa
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-50791

    Plaintiff/appellant Cameron Luke, who is deaf, was arrested for marijuana possession.

  • King v. Baylor University

    Publication Date: 2022-09-12
    Practice Area: Civil Appeals | Contracts | Education Law
    Industry:
    Court: U.S. Court of Appeals for the Fifth Circuit
    Judge: Circuit Judge Jones
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-50352

    Appellant, Allison King, enrolled online for the Spring 2020 semester at Baylor University for undergraduate "educational services," including meals and on-campus activities.

  • Menzia v. Austin Indep School

    Publication Date: 2022-09-12
    Practice Area: Civil Appeals | Civil Rights | Education Law
    Industry:
    Court: U.S. Court of Appeals for the Fifth Circuit
    Judge: Circuit Judge Clement
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-50979

    In 2017, Z.M.-D. immigrated to the United States from Cameroon and attended sixth grade at a middle school in appellee Austin Independent School District.

  • West et al. v. Bowser et al.

    Publication Date: 2022-09-09
    Practice Area: Dispute Resolution
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Lance McCoy, (The McCoy Law Firm), Cartersville, Robert Walker, (Jenkins, Bowen & Walker, P.C.), Cartersville, for appellant.
    for defendant: Robert Luskin, Robert Noble, (Goodman, McGuffey, Lindsey & Johnson LLP), Atlanta, David Hayes, (Attorney at Law), Atlanta, Kathleen Simcoe, (Owen Gleaton Egan Jones & Sweeney, LLP), Atlanta, for appellee.
    Case Number: A21A0055

    Court affirms order compelling arbitration in a wrongful death matter and determines that the underlying arbitration agreement is enforceable.

  • U.S. v. Ragonese

    Publication Date: 2022-09-07
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Robert Sack
    Attorneys: For plaintiff: For Appellee: Christine I. Magdo, Won S. Shin, Assistant United States Attorneys, on the brief, Daniel H. Wolf, Assistant United States Attorney, for Audrey Strauss, United States Attorney for the Southern District of New York, New York, NY.
    for defendant: For Defendant-Appellant: Colleen P. Cassidy, Federal Defenders of New York, Inc., New York, NY.
    Case Number: 20-3371-cr

    Prior State Conviction Is Held Categorically Related to Sexual Abuse of a Minor

  • September 6, 2022 | Insurance Coverage Law Center

    Hill & Stout, PLLC v. Mut. of Enumclaw Ins. Co.

    The Washington Supreme Court has become the fifth state supreme court to rule in insurers' favor in COVID-19 business interruption litigation.

    29 minute read