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Recent Articles from Kimberly Atkins
Patent case could lead to ‘creative’ drafting
Drawing a legal line to determine when human genetic material ceases to be a creation of nature and instead becomes a patentable product has never been an easy task for […]
Court debates mixed-motive Title VII case
The justices of the U.S. Supreme Court seemed to have mixed feelings about allowing an employee asserting a Title VII-based retaliation claim to prove that his complaint of discrimination was […]
Justice Thomas talks about breaking his silence
Justice Clarence Thomas made headlines when he broke his self-imposed code of silence during oral arguments in January. But apparently, he was unaware of the buzz his rare remark created. […]
Cuts, closures, furloughs hit federal courts
With no solution in sight to end the automatic federal budget cuts that began in March, federal judiciary officials are announcing plans to close courthouses, limit trials and hearings and […]
Class-action ruling poses additional questions
It was a closely watched case that came to a dramatic and unexpected conclusion of questionable precedential value. Now attorneys are left pondering what effect, if any, the U.S. Supreme […]
DOMA’s future could be in peril
The justices of the U.S. Supreme Court seemed poised this week to strike down the federal Defense of Marriage Act as an unconstitutional intrusion on the authority of states to […]
Federal courts preparing for sequester fallout
Delays in case processing, less supervision of criminal offenders, long lines due to a shortage of security personnel at courthouses and court employee layoffs are just a few of the […]
Court rules on unfair debt collection claims
A U.S. Supreme Court ruling allowing successful defendants in civil unfair debt collection claims to be awarded attorney fees and costs without a showing that the plaintiff brought the claim […]
Kennedy: Congress should hash out hot-button issues, not High Court
The U.S. Supreme Court has seen a dramatic increase in blockbuster cases on its docket, hearing highly politicized issues such as affirmative action, same-sex marriage, campaign finance rules, immigration and […]
Jury awards woman $285K in Fosamax case
In the latest bellwether case to go to trial over the osteoporosis drug Fosamax, a federal jury awarded $285,000 to a woman who suffered injuries to her jaw after using […]
NLRB class action ruling faces challenges
One year after the National Labor Relations Board sent shock waves through the labor and employment bar by ruling that mandatory arbitration clauses barring class actions violated the National Labor […]
Justice Ginsburg: No plans to retire
She will turn 80 next month, but Justice Ruth Bader Ginsburg is still brushing aside any notion that she intends to step down from the U.S. Supreme Court any time […]
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