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Searching Content indexed under Trials & Appeals & Compensation by Smith Gambrell & Russell LLP ordered by Published Date Descending.
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1
DC Circuit Provides Split Guidance On Wehrum Memo
In an August 20 opinion, the U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that an EPA guidance document (the "Wehrum Memo") providing that "major" sources of toxics air ...
United States
11 Oct 2019
2
Standing To Sue For Unsolicited Text Messages
In Salcedo v. Hanna, Case No. 17-14077 (decided August 28, 2019), Mr. Saledo had received a single unsolicited text message from his former lawyer offering a discount on services.
United States
9 Sep 2019
3
New York Court Of Appeals Update (August 2019)
The end of June often sees "blockbuster" decisions by the Court of Appeals before the Summer recess. But the 2018/2019 Term ended "not with a bang but a whimper."
United States
16 Aug 2019
4
California ABC Test
On April 30, 2018, the California Supreme Court issued its landmark decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles in which it considered whether a worker
United States
6 Aug 2019
5
When Can You Apportion Liability For A Group Action?
How do you apportion liability among parties equally responsible for a decision? Short answer: Sometimes, you don't
United States
29 Jul 2019
6
New York Court Of Appeals Update (July 2019)
As the 2018/2019 Term approached the "homestretch", the Court of Appeals published a "blockbuster" 4-to-3 decision holding that a commercial tenant-to-be, represented by counsel.
United States
19 Jul 2019
7
Supreme Court Rejects Registration Restrictions For Offensive Marks
On June 24, 2019, the United States Supreme Court held that prohibiting registration of scandalous or immoral trademarks violates the First Amendment's protection of free speech.
United States
8 Jul 2019
8
More On Second-Hand Smoke
There was a collective sigh of relief last week when the Appellate Division, First Department – the New York appellate court whose jurisdiction includes Manhattan and the Bronx
United States
5 Jul 2019
9
With This Ring I Do Thee (Sue)
C. Baxter and Sandra Campos began a romantic relationship in 2006. They divided their time between their respective homes in Connecticut and Manhattan.
United States
26 Jun 2019
10
U.S. Supreme Court To Address Important CERCLA Issue
On June 10, 2019, the U.S. Supreme Court announced that it would review a Montana Supreme Court decision that has important implications for cleanup of sites under the federal Comprehensive
United States
24 Jun 2019
11
New New York Court of Appeals Update (May 2019)
The Court of Appeals recently released three decisions—relating to carefully and narrowly framed issues under the New City Landmarks
United States
19 Jun 2019
12
U.S. Supreme Court Holds Title VII's Charge-Filing Requirement With The EEOC Is Not Jurisdictional
In a unanimous ruling this week, Fort Bend County, Texas v. Davis, No. 18-525, the U.S. Supreme Court resolved a conflict among the Courts of Appeals over whether Title VII's charge-filing requirement
United States
13 Jun 2019
13
Your Tax Dollars At "Work": State Of New York And Town Of Oyster Bay Litigate Ownership Of Underwater Property
Brian Murphy was cited by the Town of Oyster Bay for shellfishing without a permit. Murphy was fishing in waters around the maritime boundary between Oyster Bay and Long Island Sound
United States
6 Jun 2019
14
Your Tax Dollars At "Work": State Of New York And Town Of Oyster Bay Litigate Ownership Of Underwater Property
Brian Murphy was cited by the Town of Oyster Bay for shellfishing without a permit. Murphy was fishing in waters around the maritime boundary between Oyster Bay and Long Island Sound,
United States
6 Jun 2019
15
Georgia Supreme Court Looking At Data Breach Liability
Data breaches and the unintentional disclosure of personal information are much in the news. Whether such events give rise to tort liability is an issue being looked at by the Georgia Supreme Court.
United States
5 Jun 2019
16
Who Let The (Cat) Out?
David Finn and his wife sued Ashlynn Anderson in Jamestown City Court for ownership/custody of a cat.
United States
31 May 2019
17
$2 Billion Verdict In Monsanto Roundup Case
On May 13, 2019, a California jury awarded over two billion dollars to a husband and wife who alleged that they each developed cancer as a result of decades of using Monsanto's weed-killer Roundup.
United States
29 May 2019
18
Supreme Court Hears Arguments On On-Sale Bar For Patentability
Does a secret sale of a patented invention that occurred before the filing of a patent application count as invalidating prior art?
United States
29 May 2019
19
House Bill 311 – Seeking Limitations On Sovereign Immunity
House Bill 311, sponsored by Rep. Andy Welch (R-McDonough) and passed by both the House and the Senate,
United States
28 May 2019
20
Fourth Circuit Fixes Fair Use
On April 26, the Fourth Circuit Court of Appeals reversed a controversial ruling that caused significant concerns for visual artists. Brammer v. Violent Hues Productions,
United States
16 May 2019
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