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Woods v. Start Treatment & Recovery Centers, Inc., 16-1318-cv,

Publication Date: 2017-07-28
Practice Area:
Industry:
Court: U.S. Court of Appeals, Second Circuit
Judge: Before: Kearse, Hall, and Chin, C.JJ.
Attorneys: For plaintiff: For Plaintiff-Appellant: Abdul K. Hassan, Queens Village, New York.
for defendant: For Defendant-Appellee: David M. Pohl, New York, New York. For R. Alexander Acosta, United States Secretary of Labor, Washington, D.C., as amicus curiae in support of Plaintiff-Appellant: M. Patricia Smith, Solicitor of Labor, Jennifer S. Brand, Associate Solicitor, William C. Lesser, Deputy Associate Solicitor, Paul L. Frieden, Counsel for Appellate Litigation, on the brief, Rachel Goldberg, Senior Attorney.
Case Number: 16-1318-cv

'Motivating Factor' Causation Standard Applies to FMLA Retaliation

July 28, 2017 | New York Law Journal

Prosecutors, Litigators Face New Reality After 'Allen'

Federal law enforcement's growing reliance on foreign partners as U.S. prosecutors build cases against targets abroad will have to adjust to a new reality after the Second Circuit curtailed compelled testimony use in cross-border prosecutions.

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Toeppe v. City of San Diego

Publication Date: 2017-07-28
Practice Area: Personal Injury | Government
Industry: State and Local Government | Entertainment and Leisure
Date Filed: 2017-07-27
Court: C.A. 4th
Judge:
Attorneys: For plaintiff: Balaban & Spielberger, Daniel K. Balaban, Andrew J. Spielberger; Greene, Broillet & Wheeler, Browne Greene; Esner, Chang & Boyer, Holly N. Boyer, Joseph S. Persoff and Shea S. Murphy for Plaintiff and Appellant.
for defendant: Mara W. Elliott, City Attorney and George F. Schaefer, Assistant City Attorney, for Defendant and Respondent.
Case Number: No. D069662

Trail immunity not applicable to cause of action for failure to maintain non-native tree (Huffman, Acting P.J.)

Berkel v. Lee, 14-15-00787-CV (TexApp Dist 07/13/2017)

Publication Date: 2017-07-28
Practice Area:
Industry:
Date Filed: 2017-07-13
Court: Court of Appeals of Texas, Fourteenth
Judge: TRACY CHRISTOPHER, JUSTICE
Attorneys: For plaintiff:
for defendant:
Case Number: 14-15-00787-CV

Appellee, a general contractor's superintendent, sued appellant on claims of negligence, gross negligence, and intentional injury for injuries which occurred on a commercial construction site. A

Friends of Eel River v. North Coast Railroad Authority (Northwestern Pacific Railroad Company)

Publication Date: 2017-07-27
Practice Area: Environmental Law | Transportation
Industry: Transportation
Date Filed: 2017-07-27
Court: Ca. Sup. Ct.
Judge:
Attorneys: For plaintiff: Shute Mihaly & Weinberger, Ellison Folk, Amy J. Bricker, Edward T. Schexnayder and Laura D. Beaton for Plaintiff and Appellant Friends of the Eel River.
for defendant: Neary & O'Brien and Christopher J. Neary for Defendants and Respondents North Coast Railroad Authority and Board of Directors of North Coast Railroad Authority.
Case Number:

Interstate Commerce Commission Termination Act of 1995 does not preempt application of CEQA to state railroad project to a railroad project (Cantil-Sakauye, C.J.)

July 27, 2017 | New York Law Journal

Partner Buy-Outs

In his Law Firm Partnership Law column, Arthur J. Ciampi discusses a Ninth Circuit decision that presents a number of useful criteria to apply in determining a "shareholder's" or "partner's" status and provides insight into the nature of transitions from equity to non-equity positions and the ramifications of such transitions for both the law partner and the law firm.

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In re David T.

Publication Date: 2017-07-27
Practice Area: Criminal Law
Industry:
Date Filed: 2017-07-26
Court: C.A. 1st
Judge:
Attorneys: For plaintiff: Attorney for Appellant: East Bay Community Law Center, Katherine R. Weisburd.
for defendant: Attorneys for Respondent: Attorney General of California, Kamala Harris, Kathleen A. Kenealy, Acting Attorney General of California, Gerald A. Engler, Chief Assistant Attorney General, Jeffrey M. Laurence, Senior Assistant Attorney General, Eric D. Share, Supervising Deputy Attorney General, Huy T. Luong, Deputy Attorney General.
Case Number: No. A148563

Dismissed juvenile petition cannot be used as basis for denying motion to seal juvenile records. (Kline, P.J.)

Palmeri v. Wilkie Farr & Gallagher, 650501/13

Publication Date: 2017-07-27
Practice Area: Legal Malpractice
Industry: Financial Services and Banking
Court: Appellate Division, First Department
Judge: Before: Sweeny, J.P., Mazzarelli, Moskowitz, Kahn, JJ.
Attorneys: For plaintiff: For Appellant: Joshua S. Bauchner of counsel, Ansell Grimm & Aaron, P.C., New York.
for defendant: For Respondent: Jonathan D. Lupkin of counsel, Lupkin & Associates PLLC, New York.
Case Number: 650501/13

Appeals Court Revives Ex-Client's $2.8M Case Against Willkie Farr & Gal

People v. Casillas

Publication Date: 2017-07-26
Practice Area: Criminal Law
Industry:
Date Filed: 2017-07-26
Court: C.A. 5th
Judge:
Attorneys: For plaintiff: Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez, Caely E. Fallini, and Catherine Tennant Nieto, Deputy Attorneys General, for Plaintiff and Respondent.
for defendant: Sylvia W. Beckham, under appointment by the Court of Appeal, for Defendant and Appellant.
Case Number: No. F071951

Prop 47 barred resentencing for person convicted of super strike offense at any time prior to ruling on resentencing petition (Detjen, Acting P.J.)

July 26, 2017 | Delaware Business Court Insider

DNA Sequencing Patent Feud Sparks New Court Fight

Peace broke out last week between rivals Illumina Inc. and Qiagen N.V. as the companies settled a contentious suit in California. But before lawyers could pack up their files, a new patent war was taking shape in Delaware.

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