The Ninth Circuit has created a dubious distinction between tort-like damages and other non-rent damages that will undoubtedly spawn uncertainty and litigation. The authors explain why.
February 26, 2008Adam J. Rosen and John C. Wright
The U.S. Bankruptcy Court for the Southern District of New York recently issued a decision in In re Coudert Brothers LLP concerning the treatment of an attorney's retaining lien in the bankruptcy of a law firm. The decision does not alter the analysis that would obtain under applicable state law, and serves as an important reminder to attorneys that their liens to secure payment of amounts owed by clients and former clients depend on state law and are not enhanced in the bankruptcy setting.
February 26, 2008John J. RapisardiA discussion of the aftermath of the recent decision, In re Northwest Airlines Corp., 483 F.3d 160 (2d Cir. 2007), in which the United States Court of Appeals for the Second Circuit held that a federal court may enjoin a strike by employees covered under the Railway Labor Act (the 'RLA') following rejection of their collective bargaining agreement.
February 26, 2008Catherine Steege and David H. HixsonThe Supreme Court on Feb. 19 declined to take up the first legal challenge to the Bush administration's once-secret National Security Agency program of warrantless wiretapping.
February 19, 2008Tony MauroAn Appellate Division, Fourth Department, panel unanimously ruled Feb. 1 that a gay couple's marriage in Canada should be recognized in New York. The ruling, the first appellate decision in the state to recognize a same-sex marriage from another jurisdiction, overturned a Monroe County judge's decision that Monroe Community College did not have to extend health benefits to an employee's lesbian partner.
February 04, 2008ALM Staff | Law Journal Newsletters |A Philadelphia judge overturned a $3 million jury award, explaining that a woman who sued Wyeth, claiming her breast cancer was caused by the company's hormone replacement drug, did not show sufficient evidence that her doctor would not have prescribed the drug if warnings were better.
February 01, 2008Gina PassarellaA recent decision from an appellate court in California offers footing for plaintiff attorneys to argue for an expanded definition of 'merchantability.' Such a development, which the Uniform Commercial Code neither compels nor suggests, marks a departure from settled law and presents a significant risk of higher warranty costs for manufacturers and higher prices for consumers.
February 01, 2008Nathan MarcusenA new generation of food-related litigation, and class action litigation in particular, has been launched.
February 01, 2008Sarah L. OlsonThis article explores some common problems encountered in determining damages to entrepreneurs.
January 31, 2008Chad L. StallerIn 2008, the U.S. Supreme Court will likely decide a key question that has driven FDA pre-emption debates over the past decade: whether ' as plaintiffs' counsel maintain ' warning labels for FDA-approved drugs and medical devices provide only 'minimum standards,' or whether ' as the FDA insists ' they provide a balanced judgment of the FDA, setting both a floor and a ceiling on safety warnings.
January 31, 2008Eric Lasker