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  • July 22, 2024 | Law.com

    Appellate Courts Skeptical About Bankruptcy Court Sanctions

    Recent appellate decisions reflect a distaste for appeals from bankruptcy court sanction orders. A split Fourth Circuit even refused to hear such an appeal. Other courts tend to limit sanctions or, alternatively, accept a bankruptcy judge's findings under a stringent "abuse of discretion" standard.

    12 minute read

  • Horton v. The Kansas City S. Ry. Co.

    Publication Date: 2024-07-22
    Practice Area: Government | Transportation | Wrongful Death
    Industry:
    Court: Supreme Court
    Judge: Justice Boyd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0769

    A Kansas City Southern Railway Company train collided with decedent's pickup truck as she drove across a railroad track on a rural road near her home.

  • Emilee Carpenter LLC v. James

    Publication Date: 2024-07-22
    Practice Area: Civil Rights | Constitutional Law
    Industry:
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Alison J. Nathan
    Attorneys: For plaintiff: For Plaintiffs-Appellants: John J. Bursch, Jonathan A. Scruggs, Jacob P. Warner, on the brief, Bryan D. Neihart, Alliance Defending Freedom, Washington, DC.
    for defendant: For Plaintiffs-Appellants: Raymond J. Dague, Dague & Martin, P.C., Syracuse, NY. For LetitiaJames, Attorney General, State of New York, Albany, NY, for Defendants-Appellees Letitia James and Maria L. Imperial: Barbara D. Underwood, Alexandria Twinem, on the brief, Jeffrey W. Lang. For Defendant-Appellee Weeden Wetmore: M. Hyder Hussain, County of Chemung Department of Law, Elmira, NY.
    Case Number: 22-75

    Public Accommodation Laws' Breach of First Amendment Speech, Religion Rights Not Shown

  • July 19, 2024 | National Law Journal

    9th Circuit's Unusually Low Reversal Rate This Supreme Court Term Doesn't Tell Full Story

    "Within this 50% affirmance rate, which is itself surprising to most people, you have individual cases that depart from the pattern one has come to expect in Ninth Circuit cases in the Supreme Court," said professor Arthur Hellman. "[But] I think it may be simply happenstance."

    7 minute read

  • Deblase v. Hill

    Publication Date: 2024-07-19
    Practice Area: Civil Procedure
    Industry:
    Court: Supreme Court, Kings
    Judge: Justice Aaron D. Maslow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 522689/2023

    Court Orders Amicus Briefs in Case Involving Emotional Distress of Deceased Dog

  • Chestnut v. United Methodist Church

    Publication Date: 2024-07-18
    Practice Area: Civil Procedure
    Industry:
    Court: Appellate Division, Second Department
    Judge: Justice Lillian Wan
    Attorneys: For plaintiff: For Respondent: John Francis McAllister and Meghna Sridhar of counsel, McAllister Olivarius, New York, NY.
    for defendant: For Appellants: Keri A. Wehrheim of counsel, Schahill Law Group, P.C., Bethpage, NY.
    Case Number: 2023-08081

    Church Is Not Jural Entity Capable of Being Sued as Unincorporated Association

  • July 16, 2024 | New Jersey Law Journal

    Legal Cannabis in New Jersey—Core Developments and What to Expect Next

    "Some of the issues identified are unique to New Jersey's approach to creating this new marketplace and others are endemic to the bipolar nature of cannabis in the country," writes Charles Gormally.

    9 minute read

  • MaxBounty ULC v. Zocdoc Inc.

    Publication Date: 2024-07-15
    Practice Area: Civil Procedure
    Industry:
    Court: U.S. District Court for the Southern District of New York, U.S. - SDNY
    Judge: District Judge Valerie E. Caproni
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 24-CV-3307

    Canadian Business Entity Shares Characteristics of Partnership, Corporation

  • Omstead v. BPG Inspection, LLC et al.

    Publication Date: 2024-07-15
    Practice Area: Contracts | Wrongful Death
    Industry: Construction
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: James Darren Summerville, Kristopher Robert Alderman, (The Summerville Firm, LLC), Atlanta, Lance D. Lourie, Stephen Roberts Chance, Andrew John King, (Lourie Chance Forlines Carter & King, PC), Atlanta, for appellant.
    for defendant: Leah Ward Sears, Edward Davison Burch, Jr., Edward H. Wasmuth, Jr., (Smith, Gambrell & Russell, LLP), Atlanta, Charles Samuel Conerly, (Smith Conerly, LLP), Carrollton, for appellee; Meagan Myers Hanson, (Georgians For Lawsuit Reform), Atlanta, Atlanta,, Kevin Bradford Sears, (Kilpatrick Townsend & Stockton LLP), Atlanta, for Amicus Appellee; Madeleine Norine Simmons, (Stewart Miller Simmons), Atlanta, Madeline Elizabeth McNeeley, (Harris Lowry Manton LLP), Brookhaven, Caleb Frank Walker, (The McArthur Law Firm), Macon, for Amicus Appellant.
    Case Number: S23G0771

    Court affirms enforceability of one-year contractual limitation for filing tort and contract suits against a contractor, holding that the limitation is not void as against public policy

  • Paxton v. Dettlebach

    Publication Date: 2024-07-15
    Practice Area: Civil Appeals | Constitutional Law
    Industry:
    Court: U.S. Court of Appeals for the Fifth Circuit
    Judge: Circuit Judge Clement
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-10802

    Appellants, three individuals and the State of Texas, sought to enjoin federal statutes that criminalize making silencers for personal use without paying a $200 excise tax, applying for permission from the federal government, and registering the silencer in a federal database.