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  • MPM Silicones LLC v. Union Carbide Corp.

    Publication Date: 2020-08-12
    Practice Area: Environmental Law
    Industry: Manufacturing
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff: For Plaintiff-Counter-Defendant-Appellant-Cross-Appellee MPM Silicones, LLC: Jeremy W. Meisinger, Foley Hoag LLP, Boston, MA, Peter A. Sullivan, Foley Hoag LLP, New York, NY, on the brief, Jonathan M. Ettinger, Foley Hoag LLP, Boston, MA.
    for defendant: For Defendant-Counter-Claimant-Appellee-Cross-Appellant Union Carbide Corporation: Karl S. Bourdeau, Benjamin E. Apple, Beveridge & Diamond, P.C., Washington, DC, Megan R. Brillault, Beveridge & Diamond, P.C., New York, NY, on the brief, Harold L. Segall, Beveridge & Diamond, P.C., Washington, DC.
    Case Number: 17-3468(L)

    District Court Properly Adjudicated the Allocation of Future Removal Action Costs

  • Funes v. State of Texas

    Publication Date: 2020-08-10
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Alley
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 08-19-00053-CR

    Appellant Funes was stopped by two Border Patrol agents pursuant to the Texas "Citizen's Arrest" statute after they observed her driving erratically.

  • Env Texas Citizen Lobby v. ExxonMobil

    Publication Date: 2020-08-10
    Practice Area: Civil Appeals | Damages | Environmental Law
    Industry:
    Court: U.S. Court of Appeals for the Fifth Circuit
    Judge: Circuit Judge Costa
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-20545

    In this citizen suit seeking to recover for Clean Air violations at the largest petroleum and petrochemical complex in the nation, the court was confronted with tensions between citizens suits and Article II standing.

  • August 7, 2020 | New York Law Journal

    The Rise and Rise of Statutory Adjudication: Is the U.S. Ready?

    A discussion of the rise in the use of statutory adjudication in various jurisdictions in the context of complex construction disputes, and a look at whether the United States is now ready to also embrace this ADR option.

    1 minute read

  • August 7, 2020 | Litigation Daily

    Litigator of the Week: The Akin Gump Partner Who Revived a Landmark Human Rights Case Over Extrajudicial Killings in Bolivia

    Akin Gump partner James Tysse persuaded an Eleventh Circuit panel that the trial judge below had erred when entering judgment post-verdict on behalf of the defendants, the former president and defense minister of Bolivia facing claims stemming from the killing of more than 50 unarmed indigenous people during a period of civil unrest and political upheaval in the South American country nearly two decades ago.

    1 minute read

  • Tucker v. State

    Publication Date: 2020-07-31
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Kindall Browning, Perry, for appellant.
    for defendant: Daniel Bibler, George Hartwig, (Deputy Chief Assistant District Attorney), Perry, for appellee.
    Case Number: A20A0715

    Evidence Is Sufficient to Support Statutory Rape Conviction; Trial Court Did Not Err in Failing to Appoint 'Conflict-Free Counsel'

  • New Hope Family Servs. Inc. v. Poole

    Publication Date: 2020-07-30
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Reena Raggi
    Attorneys: For plaintiff: For Plaintiff-Appellant: Jeana J. Hallock, Alliance Defending Freedom, Scottsdale, Arizona, John J. Bursch, Alliance Defending Freedom, Washington, District of Columbia, Christopher P. Schandevel, Alliance Defending Freedom, Ashburn, Virginia, Robert E. Genant, Genant Law Office, Mexico, New York, on the brief, Roger G. Brooks, Alliance Defending Freedom, Scottsdale, Arizona.
    for defendant: For Defendant-Appellee: Barbara D. Underwood, Solicitor General, Andrea Oser, Deputy Solicitor General, on the brief, Laura Etlinger, Assistant Solicitor General, for Letitia James, Attorney General of the State of New York, Albany, New York. For Amicus Curiae The Becket Fund for Religious Liberty, Washington, District of Columbia: Lori H. Windham, Nicholas R. Reaves. For Amici Curiae The Jewish Coalition for Religious Liberty, Agudath Israel of America, The Rabbinical Alliance of America, and The Coalition for Jewish Values: Gregory Dolin, University of Baltimore School of Law, Baltimore, Maryland. For Amici Curiae American Atheists, Inc., American Humanist Association, Center for Inquiry, and Freedom From Religion Foundation: Geoffrey T. Blackwell, American Atheists, Inc., Washington, District of Columbia, Monica L. Miller, American Humanist Association, Washington, District of Columbia, Nicholas J. Little, Center for Inquiry, Washington, District of Columbia, Rebecca Markert, Freedom From Religion Foundation, Madison, Wisconsin. For Amici Curiae Civil Rights Organizations: Cathren Cohen, Lambda Legal Defense and Education Fund, Inc., Los Angeles, California, Currey Cook, Karen L. Loewy, Lambda Legal Defense and Education Fund, Inc., New York, New York, Richard B. Katskee, Kenneth D. Upton, Jr., Carmen N. Green, Patrick Grubel, Americans United for Separation of Church and State, Washington, District of Columbia.
    Case Number: 19-1715-cv

    Pleadings Give Rise to 'Suspicion' of Religious Animosity in Regulation's Enforcement

  • July 28, 2020 | Law.com

    Compliance Hot Spots: Preparing Tech Titans for Antitrust Hearing | New Lobbying and FARA Filings | DOJ Leadership Questioned | Wiley Rein Builds FDA Practice

    Welcome to Compliance Hot Spots, our dispatch on the latest developments in compliance, enforcement and government affairs. We'll be tuned in to today's landmark tech antitrust hearing, and scroll down for Who Got the Work and all the new headlines. Thanks for reading!

    1 minute read

  • July 27, 2020 | New York Law Journal

    A Little Less Privacy: Cryptocurrency Transactions Under the Fourth Amendment

    In his Blockchain Law column, Robert Schwinger discusses the appeal of using cryptocurrencies like Bitcoin and its perception that they may offer greater privacy protections for financial transactions. But a recent federal appellate ruling in a Fourth Amendment case suggests this perception may not align with current legal reality.

    1 minute read

  • July 27, 2020 | New York Law Journal

    Resolving Tort Litigation in the Age of COVID-19

    In their Trial Practice column, Robert Kelner and Gail Kelner discuss the expanding use of electronic filing and videoconferencing, pretrial and post-trial proceedings and appeals via Zoom or Skype.

    1 minute read