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July 11, 2011 |

For Toyota, a point of venue

In a stifling hot courtroom on a recent afternoon, Los Angeles County, Calif., Superior Court Judge Anthony Mohr deliberated the proper jurisdiction for billions of dollars in claims filed by the insurers of Toyota owners who alleged their vehicles suddenly accelerated out of control.
6 minute read
January 12, 2007 |

Deciding Post-Confirmation Taxes of Chapter 11 Plans

Edward A. Smith, a partner with Venable LLP, writes that while it is the narrower reading of �505(a) that represents the more prevalent view of the bankruptcy courts that have faced the issue, bankruptcy court jurisdiction over post-confirmation tax liabilities remains an open issue.
10 minute read
November 03, 2004 |

Mental Health Professionals in Custody Cases

Robert Z. Dobrish, a partner at Dobrish & Wrubel, writes that custody cases are extremely difficult cases to handle from a lawyer's perspective. The issues are imprecise, the law is not clear, the stakes are high, the clients have intense feelings. The legal system operates slowly.
8 minute read
July 10, 2003 |

Under Pressure?

On June 2, a bitterly divided Federal Communications Commission voted along partisan lines to relax the agency's decades-old media ownership restrictions that govern how many and what type of media outlets a single entity may own. Randolph J. May warns that if the tactics employed by those who opposed the FCC's deregulatory initiative become the norm, sound agency decision-making may be the loser.
8 minute read
August 05, 2005 |

Security Guard Liability

Andrea M. Alonso and Kevin G. Faley, partners at Morris Duffy Alonso & Faley, write that potential liability arises for assault and battery, which may occur during the course of attempting to stop or arrest a suspected shoplifter, and for subsequent false-imprisonment claims by the detainee. Liability, in exceptional circumstances, may also arise from the failure of a security guard to protect patrons.
10 minute read
Law Journal Press | Digital Book Pennsylvania Causes of Action, 12th Edition Authors: GAETAN J. ALFANO, RONALD J. SHAFFER, JOSHUA C. COHAN View this Book

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January 31, 2008 |

Panel to study conduct rules on judges' public comments

In the wake of national criticism of a Massachusetts state court judge's release of a convicted murderer on personal recognizance, the Massachusetts Supreme Judicial Court tapped an ad hoc advisory committee to study rules about public comment by judges in the state's Code of Judicial Conduct.
2 minute read
May 06, 2011 |

The Bar Report

Articles by and about the State Bar Association.
6 minute read
October 27, 2008 |

All but two circuits interpret 'Twombly' broadly

The U.S. Supreme Court changed the landscape for motions to dismiss when it decided Bell Atlantic Corp. v. Twombly, (2007). The court declared that, to survive a motion to dismiss, a complaint must "raise a right to relief above the speculative level" and "state a claim to relief that is plausible on its face." The Supreme Court labeled the new standard the "plausibility standard." But how have courts across the country interpreted the "plausibility standard"?
9 minute read
July 18, 2008 |

Appeals Court: N.Y. Firm Liable for Acts of Retained Fla. Counsel

A New York law firm can be held liable for the failure of a Florida firm it retained to file a client's claim to more than $1.2 million from a Florida estate, an appeals court decided on July 17. Client Alice Whalen was not aware that her Albany firm, DeGraff, Foy, Conway, Holt-Harris & Mealey, was going to arrange for the Florida firm to file the claim when the estate of Julius Gerzof opened in Florida in 1996, and she relied "completely" on DeGraff Foy to stake her claim to the money.
4 minute read
June 25, 2007 |

Departures Shrink Kirkland's L.A. Office

Chicago-based juggernaut Kirkland & Ellis has continued to increase head count, revenue and profits firmwide. But in Los Angeles, key rainmakers are making less rain, and departures in the last six months have brought the 115-lawyer office to about 90 attorneys. With some of its leading lawyers reaching a stage where they're choosing to slow down, around 20 attorneys -- half of them partners -- have left the L.A. office over the last half year, some for top competitors.
3 minute read

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