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Bowditch & Dewey

Liquidated Damages Clause in Commercial Lease Unenforceable

Bowditch & Dewey on

In its December 5, 2022 slip opinion for Cummings Properties, LLC v. Darryl C. Hines, No. 21-P-1153, the Massachusetts Appeals Court held that a provision of a commercial lease that accelerated all remaining rent as...more

Farella Braun + Martel LLP

A Promise To Pay Is Just That: Two Courts Reject Insurers’ Bids To Escape Their Coverage Obligations by Complaining About Third...

An insurer in Washington could not eliminate its coverage obligation based on its insured’s recovery from a third party. T-Mobile USA, Inc. v. Steadfast Ins. Co., et al., No. 82704-9-I, 2022 WL 17246715 (Wash. Ct. App., Nov....more

Cozen O'Connor

Illinois Supreme Court Curtails Tenant Implied Co-Insured Precedent

Cozen O'Connor on

On November 28, 2022, the Illinois Supreme Court unanimously reversed the appellate court’s decision that an insurer would have to defend a rental property’s tenants against a third-party negligence claim arising from a fire....more

McGuireWoods LLP

Ninth Circuit Renders Section 1712 of CAFA Inapplicable to a Class Action Settlement

McGuireWoods LLP on

On November 30, 2022, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s finding that a settlement was not a coupon settlement when applying the three factors outlined in In re Online DVD-Rental...more

Fox Rothschild LLP

Avoiding Big Problems with Small Details: Protecting Sensitive Information and Including the “Littlest Big” Detail With Notices of...

Fox Rothschild LLP on

Writer and futurist Alvin Toffler cautioned, “You’ve got to think about big things while you’re doing small things, so that all the small things go in the right direction.” Today’s batch of Court of Appeals opinions...more

Schnader Harrison Segal & Lewis LLP

New York’s Governor Must Decide by Year’s End to Sign or Veto New Wrongful Death Legislation

New York Governor Kathy Hochul has begun her review of legislation passed by the New York State legislature to determine what bills she will sign and what she will veto by December 31, 2022. One of these bills, which has been...more

Faegre Drinker Biddle & Reath LLP

Listen Up Class: The Role of Daubert at the Class Certification Stage in the Ninth Circuit

Class certification is the feature fight of any putative class action lawsuit. If granted, it can multiply the stakes of a case several hundred- or thousand-fold. If denied, it can signal the end of the litigation. Because of...more

Williams Mullen

New Local Civil Rule 7.1 Requiring Disclosure of Citizenship in Diversity Cases Goes into Effect in the United States District...

Williams Mullen on

On December 1, 2022 an amended version of Local Civil Rule 7.1 went into effect in the United States District Court for the Eastern District of Virginia, adding a disclosure requirement for citizenship information in...more

Fox Rothschild LLP

Court of Chancery States the Test for a Permanent Injunction

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The Court of Chancery recently stated the appropriate test for a permanent injunction. In In re Covid-Related Restrictions on Religious Services, C.A. No. 2021-1036-JTL (Del. Ch. Nov. 22, 2022), religious leaders claimed...more

Freeman Law

Tax Court in Brief | Hallmark v. Comm’r | No Equitable Tolling of 90-Day Deadline to Petition Notice of Deficiency

Freeman Law on

Freeman Law’s “The Tax Court in Brief” covers every substantive Tax Court opinion, providing a weekly brief of its decisions in clear, concise prose....more

Hudson Cook, LLP

Is Different Pricing for Non-Credit Products and Services Illegal Discrimination? Yes, Says the CFPB, Massachusetts, and the FTC

Hudson Cook, LLP on

The Consumer Financial Protection Bureau made news this year when it announced that it considered discrimination to be illegal as an "unfair" practice, including in situations where fair lending laws do not apply. In March,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts – An Update From Skadden Securities Litigators - December 2022

Cornerstone Research reports that during the first six months of 2022, plaintiffs filed 110 securities class actions, a pace that is generally in line — 2.8% higher — with what we saw in the second half of 2021. Looking...more

Holland & Knight LLP

Second Circuit Upholds Dismissal of ESOP Lawsuit for Lacking Article III Standing

Holland & Knight LLP on

In Plutzer v. Bankers Trust, the U.S. Court of Appeals for the Second Circuit affirmed dismissal by the U.S. District Court for the Southern District of New York de novo; and emphasized that a plaintiff must allege concrete,...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Considers Viability of Fraudulent Misrepresentation Claims Premised on Statements to Third Parties

To state a claim for fraudulent misrepresentation in New York, the plaintiff typically must allege that the defendant made a false statement to the plaintiff.  But what if the defendant made the disputed statement to a third...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Pennsylvania Trial Judges Can Now Dismiss Charges Against Permanently Incompetent Defendants

In 2009, 16-year-old Jquan Humphrey shot and wounded two people. Plagued by severe mental illness, he was found incompetent to stand trial and remained imprisoned, mentally deteriorating, until February of 2022 when a Court...more

Paul Hastings LLP

Downstream Due Diligence: Regulation through Litigation

Paul Hastings LLP on

As the European Union (“EU”) continues to debate whether downstream responsibilities will fall within the contours of its hefty Corporate Sustainability Mandatory Due Diligence Directive (“CSMDD”), and the EU Council just...more

Cozen O'Connor

Third Circuit Rejects “Intended Loss” as Basis to Sentence Economic Crimes

Cozen O'Connor on

On Tuesday, the Third Circuit issued a decision that will substantially impact the sentences imposed for federal fraud offenses. In United States v. Banks, the Court rejected the so-called “intended loss” rule in the Federal...more

Rivkin Radler LLP

What Snap Removal Debate Means for Insurance Disputes

Rivkin Radler LLP on

When defendants are sued in state court, one of the first things defense attorneys will usually consider is whether the case is removable, and if so, whether it should be removed. Originally published in Law360, 2022....more

Goldberg Segalla

Removal of Case Based on the Federal Officer Removal Statute by Shipyard Defendant Upheld

Goldberg Segalla on

United States District Court for the District of Louisiana - In this asbestos action, the plaintiff, Wilson Goffner Sr., alleged he developed lung cancer as a result of his work as a shipfitter at the Avondale Shipyard...more

Snell & Wilmer

Check Your Privilege: The Arizona Supreme Court Clarifies the Scope and Application of the Legislative Privilege in Fann v. Kemp

Snell & Wilmer on

The ability to petition one’s leaders is long recognized regardless of the form of government. Ever since the Watergate Scandal, the United States has taken the lead on transparency in governmental acts and the interaction...more

Troutman Pepper

Case Highlights How to Protect Investigative Work Product from Disclosure

Troutman Pepper on

One of the most important topics for a company to consider when conducting an internal investigation is how to protect (or leave open the option to protect) material prepared during the investigation from disclosure in...more

Fox Rothschild LLP

Appellate Division Rejects Formula for Alimony – Again!

Fox Rothschild LLP on

I have blogged many times about the fact that there is no formula for alimony, and moreover, whenever a trial court imposes a formula, it is always reversed by the Appellate Division. In 2020, I blogged on the last reported...more

Dechert LLP

Third Circuit Rejects Use Of “Intended Loss” as Enhancement Under U.S. Sentencing Guidelines

Dechert LLP on

The Third Circuit Court of Appeals ruled yesterday in United States v. Banks1 that under the U.S. Sentencing Guidelines, “loss” means only actual loss and not intended loss. Although the term “loss” is not explicitly...more

McGuireWoods LLP

Minnesota Recognizes the Common Interest Doctrine

McGuireWoods LLP on

Under the common interest doctrine, separately represented clients can avoid the normal waiver implications of sharing privileged communications by entering into a contractual arrangement. In Energy Policy Advocates v....more

Jackson Lewis P.C.

Class Actions for Tuition Refunds Based on COVID-19 Pandemic Closure? Ohio Appeals Court Weighs In

Jackson Lewis P.C. on

College life was just one of the many things affected by the COVID-19 pandemic. Schools around the country were forced to close academic buildings, residence halls, and other campus facilities and to pivot to online...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

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Links to Other Websites

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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California Privacy Rights

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Access/Correct/Update/Delete Personal Information

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Changes in Our Privacy Policy

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

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