Attorneys for the city of New York have asked a federal judge to stay injunctive relief ordered earlier this month related to the police department’s anti-street crime tactic known as stop-and-frisk until an appeal is heard, according to a letter to the judge filed Tuesday.
If a feverishly litigated California fraud class action is any indication, New York's attorney general can expect an all-out assault by Donald Trump on claims that his Trump University real estate seminars are a sham, lawyers say, especially since the Donald has other lucrative deals tied to his well-known name.
The New York City Council sent a strong message to Mayor Michael Bloomberg Thursday in the ongoing battle over the city's controversial "stop and frisk" tactics, voting to override his veto of two bills that would increase oversight of the city’s police force.
A new, much-anticipated U.S. Food and Drug Administration rule holding that food can be labeled gluten-free as long as its gluten levels fall below an agency-created threshold should substantially cut down on the false marketing allegations available to consumers in court, attorneys say.
The Bloomberg administration on Friday launched its challenge to a Manhattan federal judge's finding that New York City violated the rights of blacks and Hispanics by disproportionately targeting them for anti-street crime stops — and her related order appointing a police monitor — and plans to ask for a stay.
The Second Circuit's holding that New York City crane statutes are not preempted by federal law creates a confusing patchwork of rules and undermines the Occupational Safety and Health Act, a steel industry group has told the nation's top court.
An accusation of bias leveled by New York City Mayor Michael Bloomberg against the judge who ruled against the city's "stop-and-frisk" tactics has divided legal experts, with some saying his comments undermine confidence in the courts and others calling them mild compared to previous instances of Empire State judge-bashing.
A New Jersey appeals court on Tuesday said the state’s exclusion of recent, legal immigrants from state health care programs is not unconstitutional, ruling in a class action that the state is allowed to decide how it extends benefits under federal immigration laws that allow states some flexibility.
New York City leaders vowed to challenge a federal judge's use of statistics to bolster the finding that thousands of pat-downs violated the constitutional rights of minorities, but experts said that might not be enough to overturn Monday's decision calling for changes to the police department's anti-crime tactics.
An Arnold & Porter LLP partner with deep ties to New York's power structure was tapped Monday as the independent monitor for the court-ordered overhaul of the New York City Police Department's controversial anti-street crime tactic known as stop-and-frisk.
A Manhattan federal judge on Monday told the New York City Police Department to fix its anti-street crime tactic known as stop-and-frisk, ruling the department's current methods violate the constitutional rights of blacks and Hispanics, who most often are targeted, and appointing a former top city lawyer as an independent monitor.
The First Circuit should uphold the denial of an injunction to a class of Maine noncitizen legal residents against a state law terminating their Medicaid coverage or even toss the case, the state argued Thursday, saying the law was constitutional and the plaintiffs' challenge was weak.
The state of New York on Tuesday settled lawsuits brought by a class of New York City residents and the federal government over alleged Adults with Disabilities Act violations tied to New York City’s practice of segregating mentally ill patients in privately owned adult care homes.
For the third straight year, Law360 has selected and ranked the 20 law firms that had the largest global presence and were involved in the biggest, most complex and most diverse array of cross-border matters over the past year.
Starr International Co. Inc. on Tuesday fought the federal government's bid to block it from deposing Federal Reserve Chairman Ben Bernanke in its $55.5 billion proposed class action over American International Group Inc.'s bailout, saying nothing in the law prohibits litigants from deposing high-ranking government officials.
A whistleblower attorney on Monday urged Senate Majority Leader Harry Reid, D-Nev., to delay Thomas Perez's confirmation as secretary of labor, saying he intends to file a class action accusing Perez of workplace bias in his current position at the U.S. Department of Justice.
A District of Columbia federal judge on Thursday awarded $90.8 million in fees to class counsel for black farmers in a historic discrimination case against the U.S. government, saying the attorneys' "utmost professionalism" entitled them to the maximum award under the settlement of the litigation.
The Seventh Circuit on Wednesday upheld the dismissal of a proposed class action alleging Wisconsin unfairly slashed benefits to developmentally disabled residents, saying the plaintiffs had failed to plead they were treated worse than other disabled people.
A Hawaii federal judge on Monday finalized her decision to reject a proposed class action that was aimed at invalidating the Jones Act, a law designed to help the American shipping industry that the plaintiffs had claimed granted a de facto duopoly to a pair of U.S. shipping companies.
The Federal Election Commission notched a victory over nonprofit group Free Speech when the Tenth Circuit on Tuesday upheld a lower court’s dismissal of the group’s First Amendment challenge to agency rules it claimed overburdens political grassroots groups with stringent reporting requirements.
Picture this: A seller of goods is losing tens of millions of dollars per year on a requirements contract containing price caps that the parties have operated under for years. Given the Uniform Commercial Code and relevant case law, it would be natural — and completely logical — to accept the cogent authority establishing that rising costs are generally insufficient to invalidate a contract. I am betting that, in this case, the law will trick you, says Andrew Jarzyna of Ulmer & Berne LLP.
The California Supreme Court has a long history of inventing new rules to invalidate consumer and employment arbitration agreements. But basing a finding of unconscionability on the court’s new test established in Sonic-Calabasas A Inc. v. Moreno would interfere directly with the Federal Arbitration Act’s protection of the freedom to tailor appropriate arbitral procedures, say Andrew Pincus and Archis Parasharami of Mayer Brown LLP.
In upholding a general liability policy involving medical data breach, a California federal court in Hartford Casualty Insurance Company v. Corcino & Associates underscored that there may be valuable data breach coverage under so-called “traditional” or “legacy” policies that should not be overlooked, says Roberta Anderson of K&L Gates LLP.
When researching an expert, look for whether the expert’s opinion and methodology in the case is consistent with the expert’s approach outside of litigation. Inconsistency in an expert’s opinion not only is great fodder for cross-examination, but might also point to a more serious methodological problem that can form the basis for a Daubert challenge, says Matthew Whitley of Beck Redden LLP.
From dog sniffs and DNA to the Voting Rights Act and DOMA, the U.S. Supreme Court had its hands full in the last term. And 2013 brings an equally lively docket, with decisions expected on campaign spending, recess appointments and affirmative action, to name a few. There will also be more cases on Fourth and Fifth Amendment issues, and no fewer than eight cases involving the U.S. Environmental Protection Agency, says Jason Steed of Bell Nunnally & Martin LLP.
Brinker Restaurant Corp. v. Superior Court made it clear that California employers do not have to police meal and rest periods, so it would seem employers have a safe harbor so long as employees have the freedom to take meal and rest breaks, right? Not so fast, says Joshua Kienitz of Littler Mendelson PC.
In a surprising turn of events, North Dakota landowners are suing oil companies for flaring natural gas into the atmosphere. We can only hope that the suits will incentivize infrastructure development — and not stifle American oil production from the Bakken, say Michael Krancer and Margaret Anne Hill of Blank Rome LLP.
Although recent wins by defendants in say-on-pay lawsuits should help limit proxy litigation relating to compensation-related disclosures, it is reasonable to expect that plaintiffs’ counsel will continue to find ways to target companies and their directors in this type of litigation. To minimize litigation risk related to disclosure claims, corporate counsel should remain proactive in six areas of business, say Jordan Eth and Mark R.S. Foster of Morrison & Foerster LLP.
In light of recent class actions and failed ballot initiatives, many in the food and beverage industry are faced with conflicting decisions, uncertainty in the courts and inaction by the U.S. Food and Drug Administration over the issue of labeling food with genetically modified organisms, say Fletcher Alford and Kelly Fair of Dentons.
In the past few weeks, there have been several noteworthy decisions regarding employers' use of criminal background information to make hiring decisions — including EEOC v. Peoplemark, which shows that whether a case is handled internally or by outside counsel, employers should be extremely cautious about overstating policies, says Melissa Siebert of Baker & Hostetler LLP.