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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.

Features

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News Briefs

ALM Staff & Law Journal Newsletters

Highlights of the latest franchising news from around the country.

Features

Court Watch Image

Court Watch

ALM Staff & Law Journal Newsletters

Highlights of the latest franchising cases from around the country.

Features

Arbitration: Franchisor's Friend or Foe? Image

Arbitration: Franchisor's Friend or Foe?

Rupert M. Barkoff

In addressing the issue of whether an arbitration clause made sense for a franchisor client, for years this author waffled on how to advise that client. He is not alone on this problem.

Features

Second Circuit Finds Drug Reps Not Exempt from Overtime Law Image

Second Circuit Finds Drug Reps Not Exempt from Overtime Law

Mark Hamblett

Current and former sales representatives for Novartis Pharmaceuticals Corp. are not exempt from qualifying for overtime under the Fair Labor Standards Act, the Second Circuit ruled July 6.

Features

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Movers & Shakers

ALM Staff & Law Journal Newsletters

Who's doing what; who's going where.

Features

CA Supreme Court Clarifies Who Cannot Be Sued by Workers Image

CA Supreme Court Clarifies Who Cannot Be Sued by Workers

Mike McKee

For 97 years, neither California legislators nor the courts ever clarified who qualified as an employer under the state Industrial Welfare Commission's (IWC) wage orders. That changed on May 20 when the California Supreme Court decided, in part, who does not qualify.

Features

What Should Human Resources Be Doing to Prepare for Health Care Reform? Image

What Should Human Resources Be Doing to Prepare for Health Care Reform?

Jean C. Kosela & John S. Lord, Jr.

In the coming months, you should guide HR in preparing for required changes needed to comply with the Patient Protection and Affordable Care Act (PPACA). Here are some things you should already be putting (or have) in place:

Tenth Circuit Rules on Temporary Workers Image

Tenth Circuit Rules on Temporary Workers

Margaret Parnell Hogan & Stephanie L. Hankin

In a case of first impression, the Tenth Circuit recently considered whether positions filled by temporary contract workers are "vacant" for purposes of reassignment as a reasonable accommodation under the ADA.

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MOST POPULAR STORIES

  • Coverage Issues Stemming from Dry Cleaner Contamination Suits
    In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.
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    That the pace of change is "accelerating" is surely an understatement. What seemed almost a near certainty a year ago — that law firms would fully and permanently embrace work-from-home — is experiencing a seeming reversal. While many firms have, in fact, embraced hybrid operations, the meaning of hybrid has evolved from "office optional," to an average required 2 days a week, to now many firms coming out with four-day work week mandates — this time, with teeth.
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    This year at Legalweek, there was little doubt on what the annual takeaway topic would be. As much as I tried to avoid it for fear of beating the proverbial dead horse, it was impossible not to talk about generative AI, ChatGPT, and all that goes with it. Some fascinating discussions were had and many aspects of AI were uncovered.
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  • The Powerful Impact of The Non-Foreclosure Notice of Pendency
    RPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.
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