Lauryn Hill's Tax Evasion a 'Battle for Survival': Lawyer
I. FEDERAL PROCEDURE - A. Overview of Article. The purpose of this article is to provide summaries and brief discussion of significant recent cases from the United States Supreme Court, the United States Circuit...more
Christopher Hill, LEED AP and Virginia construction lawyer discusses a recent case concerning construction and an exception to the Virginia economic loss rule, namely fraud in the inducement....more
In most states, including Michigan, the duty to defend is not limited to the four corners of the complaint and the insurer must look behind the allegations asserted against the insured to determine whether there is a...more
May 28 (Bloomberg) -- Nathan Hochman, partner at Bingham McCutchen LLP, talks with Bloomberg Law's Spencer Mazyck about his representation of Grammy-winning singer Lauryn Hill in a federal tax evasion case. On May 6, 2013,...more
In Nevis Homes LLC v. CW Roofing Inc., 2013 DJDAR 6187(2013) the California Court of Appeal for the Second Appellate District decided a procedural issue pertaining filing a memorandum of costs. The court clarified the rules...more
A recent California decision should make it easier for insurers to attack allegations at the pleading stage in state court actions. ...more
Congress Holds Hearings On Section 337 Litigation – On April 16, 2013, the House Committee on the Judiciary, Subcommittee on Courts, Intellectual Property, and the Internet, held a hearing on “Abusive Patent Litigation: The...more
We have received several calls lately from folks who have been charged with Domestic Violence. The problem is that these individuals already entered guilty pleas in their case, thinking that it was “no big deal.”...more
Criminal complaint filed on April 22, 2013, against accused Boston Marathon bomber Dzhokhar Tsarnaev. Charges include use of a weapon of mass destruction and malicious destruction of property resulting in death....more
Centex Homes, et al. v. The Superior Court of San Diego County Court of Appeal, Fourth District (March 25, 2013) Government Code section 901 provides that a cause of action for equitable indemnity or partial...more
A securities class action lawsuit against Canadian Solar, Inc. (CSI) was recently dismissed in the US District Court for the Southern District of New York for failing to adequately plead the required elements of a federal...more
The recurring and pervasive problem of flawed confidential witness (“CW”) allegations tops my list of the key issues in securities class action litigation.* I don’t mean just notorious situations such as those recently at...more
Plaintiffs’ counsel beware: to avoid Rule 11 sanctions you might actually have to talk to “confidential witnesses” yourself and corroborate their statements before citing them in a securities fraud complaint....more
Diane Marie Minish v. Hanuman Fellowship et al. - Court of Appeal, Sixth District (February 25, 2013) - The doctrine of judicial estoppel precludes a party from obtaining an advantage by asserting one position, and...more
The US Court of Appeals for the Eleventh Circuit recently issued an important decision that addresses two types of allegations that plaintiffs routinely rely on to plead loss causation in federal securities fraud cases. In...more
Announcing a “nuanced” approach to Federal Aviation Act of 1958 preemption, the Ninth Circuit has further narrowed the scope of federal preemption in the aviation field. In this client alert, we summarize the new framework...more
It’s March, and in Charleston thoughts turn to longer days, spring break and, relatively recently, fashion. The tents go up in Marion Square mid-month for fashion fans to enjoy a week of shows featuring new designs and...more
In This Issue: - Business Torts in Virginia - Virginia Non-Competition Law After Home Paramount - 2013 Mileage Rates Alert - Excerpt from 2013 Mileage Rates Alert: The Internal Revenue Service has...more
In its recent decision in American Safety Indemnity Co. v. T.H. Taylor, 2013 U.S. App. LEXIS 5072 (11th Cir. March 14, 2013), the United States Court of Appeals for the Eleventh Circuit, applying Alabama law, had occasion to...more
In Mayor and City Council of Baltimore v. Citigroup, Inc., No. 10-0722-cv(L) and 10-0867-cv(CON), 2013 WL 791397 (2d Cir. Mar. 5, 2013), the United States Court of Appeals for the Second Circuit upheld the dismissal of two...more
In New Jersey Carpenters Health Fund v. Royal Bank of Scotland Group, PLC, 2013 U.S. App. LEXIS 4317 (2d Cir. Mar. 1, 2013), the United States Court of Appeals for the Second Circuit reversed the dismissal of a claim for...more
In Lundy v. Catholic Health System of Long Island, Inc., 2013 U.S. App. LEXIS 4316 (2d Cir. Mar. 1, 2013), the Second Circuit Court of Appeals recently held for the first time that the Fair Labor Standards Act (FLSA) does not...more
Today, in a 6-3 decision, the Supreme Court of the United States held in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds that a securities fraud plaintiff alleging fraud on the market need not establish the...more
There is little case law under the North Carolina Securities Act. But last week, in NNN Durham Office Portfolio 1, LLC v. Highwoods Realty Limited Partnership, 2013 NCBC 12, Judge Gale took several steps into that uncharted...more
Last week in Green v. Bank of America Corp., No. 11.56365 (9th Cir. Feb. 13, 2012), the Ninth Circuit held that “suitable seats” lawsuits cannot be dismissed at the pleading stage based on an employee’s failure to allege that...more
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