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Landlord & Tenant

ALM Staff & Law Journal Newsletters

A look at a significant ruling.

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NJ & CT News

ALM Staff & Law Journal Newsletters

Happenings in neighboring states.

Features

Discovery and 'Non-Egregious' Marital Fault Image

Discovery and 'Non-Egregious' Marital Fault

Thomas A. Elliot

Even as no-fault divorce legislation in the State of New York has been signed into law, matrimonial practitioners continue to deal with the vestiges of fault-based litigation.

Features

No-Fault Divorce Signed into Law Image

No-Fault Divorce Signed into Law

Joel Stashenko

On Aug. 15, New York became the last state in the nation to enact a law offering no-fault divorce, when Governor David Paterson announced that he had approved the controversial measure, which has been debated for decades.

Features

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Verdicts

ALM Staff & Law Journal Newsletters

Recent rulings on top cases.

Features

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Drug & Device News

ALM Staff & Law Journal Newsletters

Important information you need to know.

Features

The Relevance of 'Never Events' in Medical Malpractice Litigation Image

The Relevance of 'Never Events' in Medical Malpractice Litigation

John Ratkowitz & Robert Sanfilippo

The National Quality Forum, a nonprofit organization that aspires to set priorities and goals for improvement in health care in the United States, established the concept of "Never Events," which consists of a list of serious complications that should never occur in a safe hospital.

Features

e-Discovery Revisited Image

e-Discovery Revisited

John Roth & Thomas Jones

This article presents some historical context illustrating the early development of e-discovery jurisprudence, continues with a discussion of the influential Sedona Conference and the findings of the Advisory Committee on the federal rules, analyzes the most recent case law, and outlines a prudent approach to e-discovery.

Features

Practice Tip: Playing Poker with Experts Image

Practice Tip: Playing Poker with Experts

James H. Rotondo

What happens if, after you file that long-anticipated <i>Daubert/Kumho</i> motion, plaintiff's counsel files a motion to withdraw the original expert and to substitute a new one with superior qualifications and a much stronger theory of liability?

Features

The Assault on Traditional Long-Arm Jurisdiction Continues Image

The Assault on Traditional Long-Arm Jurisdiction Continues

Roy Alan Cohen & Justin C. Hallberg

A review of <i>Nicastro v. J. McIntyre Machinery America, Ltd.</i>, in which the Supreme Court of New Jersey ruled in that a plaintiff could bring a product liability action in a New Jersey state court against an England-based product manufacturer under what is termed the stream-of-commerce theory of personal jurisdiction.

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MOST POPULAR STORIES

  • Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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