Vagueness

News & Analysis as of

Appellate Court Notes - Week ending March 24

SC18996 - Meyers v. Livingston, Adler, Pulda, Meiklejohn & Kelly, P.C. This case arrived from a divided Appellate Court where some jurist opined that the plaintiff’s attorney malpractice claims sounded solely in tort,...more

BB&K Police Bulletin: Ammunition Regulations: Criminal Statutes Restricting “Handgun Ammunition” Vague and Invalid

Overview: A California appellate court recently held that criminal statutes regulating handgun ammunition (defined as ammunition “principally for use” in “pistols, revolvers, and other firearms”) were unconstitutionally vague...more

Australia: GST clause held to be void for uncertainty

A recent decision of the Victorian Supreme Court, in the case of Cityrose Trading Pty Ltd v Booth, highlights the need for suppliers to ensure that all of their transaction documents (including contracts, agreements and...more

Florida High Court Upholds Florida's Birth Injury Compensation Plan (NICA)

Last term, the Florida Supreme Court upheld the constitutionality of a state plan that provides up to $100,000 to the parents or legal guardians of an infant found to have sustained a birth-related neurological injury. See...more

Software Patents Put to the Test – a Bad Sign for Trolls?

One of the challenges presented by software patents, which are commonly asserted by so-called patent assertion entities (aka, patent trolls), is determining what the patent covers. Often the invention is described in vague...more

What Can a Business Leader Learn from the Missteps of Basketball Star Derrick Rose?

When a company is confronted with any big issue, it must decide whether to adopt a “no comment” stance or offer a response. Depending on the situation, one choice may outweigh the other. But sometimes that decision changes...more

The Cahill Prosecution In Massachusetts: Vagueness Is Still A Problem After Skilling

Vagueness is a common problem in white-collar criminal cases. In many instances the line between legal and illegal conduct is blurry at best. This means that someone could face prosecution, a damaged reputation, loss of...more

Law 360 Quotes Proskauer’s Concerns & Guidance Regarding NDAA Whistleblower Rules

In an Employment Law 360 article (subscription required) today, Steve Pearlman, co-head of Proskauer’s Whistleblowing & Retaliation Group, commented on the ramifications of the passage of the National Defense Authorization...more

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