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Recent Articles from Kimberly Atkins
SCOTUS: SOX whistleblower ruling leaves gaps
WASHINGTON — The recent U.S. Supreme Court ruling extending Sarbanes-Oxley whistleblower protection to private contractors of publicly-traded companies has some attorneys concerned about the lack of any limiting principle. The […]
Supreme Court takes up high-speed chase case
WASHINGTON — The justices of the U.S. Supreme Court appeared unwilling to lift the shield of qualified immunity from police officers who shot and killed a fleeing suspect and his […]
Greenhouse gas regs could go up in smoke
WASHINGTON — The Obama administration is urging the justices of the U.S. Supreme Court to rule that the Environmental Protection Agency’s statutory mandate to regulate motor vehicle greenhouse gas emissions […]
Justices struggle over fees in patent troll cases
WASHINGTON — The justices of the U.S. Supreme Court wrangled over the language of a statute that allows prevailing parties in certain patent infringement cases to recoup attorney fees — […]
High Court tries to calculate mortgage fraud restitution
WASHINGTON — The justices of the U.S. Supreme Court tried to figure out during oral arguments Tuesday in Robers v. U.S., No. 12-9012, just how much restitution was owed to […]
Cellphone search cases cover broad privacy interests
WASHINGTON — Faced with a pair of cases raising the issue of warrantless searching of arrestees’ cellphones, the U.S. Supreme Court will again need to apply centuries-old constitutional principles to […]
Court order adds twist to contraception challenge
WASHINGTON — A one-page, non-merits order from the U.S. Supreme Court has infused new energy into court challenges brought by nonprofit employers who claim that the Affordable Care Act’s contraception […]
Patent ruling leaves lingering questions on burden of proof
WASHINGTON — The U.S. Supreme Court’s ruling in Medtronic, Inc. v. Mirowski Family Ventures, LLC No. 12-1128, clarified the burden shifting framework for certain types of claims stemming from patent […]
Court considers police stop from anonymous call
WASHINGTON — The justices of the U.S. Supreme Court used a parade of hypotheticals involving speeding, kidnapping and terrorist threats to try to pinpoint just when information from an anonymous […]
Mass. clinic buffer zone law may be at risk
WASHINGTON, D.C. — A Massachusetts law that created a fixed 35-foot buffer zone around the entrances, exits and driveways of clinics where abortions are performed could be in peril — […]
EEOC’s focus may signal forthcoming guidance
The Equal Employment Opportunity Commission’s recent focus on compliance and enforcement issues surrounding laws barring national origin-based job bias has some attorneys wondering if new guidance may be forthcoming. The […]
U.S. Supreme Court: Psych evidence doesn’t violate Fifth Amendment
Defendants who offer a diminished capacity defense cannot seek to exclude rebuttal evidence from court-ordered mental evaluations on Fifth Amendment grounds, the U.S. Supreme Court ruled in Kansas v. Cheever, […]
Case Digests
- Second Circuit – Long-arm jurisdiction: Northwell Health Inc. v. Group Hospitalization and Medical Services Inc.
- Fourth Department – Motor vehicle accident: Thurston v. Howard
- Western District Case Notes
- Fourth Department – Disclosure: People v. Smith
- Second Circuit – Petition for bail: Fulton v. Mullin
- Fourth Department – Breach of lease agreement: Three Buds, LLC v. NCTBP Calabrese LLC
- Second Circuit – Expert testimony: Rutledge v. Walgreen Co.; Phippen v. Walgreen Co.
- Second Circuit – Congestion pricing: County of Rockland v. Triborough Bridge & Tunnel Auth.
- Fourth Department – Apartment search: People v. Shaw
- Fourth Department – Vicarious liability: Sarah R. v. Crouse Health Hospital
- Fourth Department – Waiver of indictment: People v. Schindler
Law News
- New trial granted for defendant unhappy with their attorney
- NY appellate court reinstates medical malpractice case
- NY appeals court reinstates slip-and-fall lawsuit
- Charter Communications must pay penalty for retaliation against employee
- Webster resident named to lead national court reporter group
- NY appeals court affirms rape conviction, rejects speedy trial claim
- Telesca Center for Justice gets $90,000 in state funding
- Trevett Cristo P.C. celebrates 100th anniversary