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Searching Content indexed under Litigation, Mediation & Arbitration by Day Pitney LLP ordered by Published Date Descending.
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1
Supreme Court Removes Obstacle for Plaintiffs Asserting Takings Claims In Federal Court
In a decision issued on June 21, in Knick v. Township of Scott, 588 U.S. ___ (2019), the Supreme Court of the United States eliminated a long-standing rule that a property owner may not seek redress in federal court.
United States
8 Jul 2019
2
Appellate Division Reverses Tax Court On Kean University Restaurant Tax Exemption
In a case of first impression, New Jersey's Appellate Division reversed the Tax Court's decision in Gourmet Dining, LLC v. Union Township, 30 N.J. Tax 381
United States
1 Jul 2019
3
SCOTUS Ruling Extends FCA Filing Deadline For Private Qui Tam Claimants
A ruling Monday by the U.S. Supreme Court in Cochise Consultancy, Inc. v. United States ex rel. Hunt, No. 18-315, (Sup. Ct. May 13, 2019) means that whistleblowers proceeding without the Government ...
United States
4 Jun 2019
4
CMS Expands Immediate Jeopardy Standards
"Immediate Jeopardy" is defined by the Centers for Medicare & Medicaid Services (CMS) as "a situation in which the provider's noncompliance with one or more requirements of participation has caused,
United States
12 Apr 2019
5
2019: The Beginning Of The End For Mandatory Arbitration?
The Federal Arbitration Act (FAA) provides that agreements to arbitrate claims are valid and enforceable.
United States
10 Apr 2019
6
Soto v. Bushmaster: The Sandy Hook Victims Notch A Stunning Victory, But At What Cost?
Last week, the Connecticut Supreme Court sent a jolt through the legal commentariat with its decision in Soto v. Bushmaster Firearms International, the lawsuit brought against the manufacturers and sellers of the semi-automatic rifle used in the tragic 2012 shooting at Sandy Hook Elementary School.
United States
1 Apr 2019
7
New Jersey Becomes First State To Ban Employers From Using Arbitration, Nondisclosure And Confidential Settlement Agreements For All Claims Of Discrimination, Harassment Or Retaliation
The law also prohibits employers from requiring a prospective waiver of employee rights under the New Jersey Law Against Discrimination or any other statute or case law.
United States
29 Mar 2019
8
Guidance Isn't Enough For DOJ
As we reported here and here, the DOJ has been keen on limiting the use of guidance documents to govern its prosecution decisions.
United States
21 Mar 2019
9
Not So Fast ...
U.S. District Judge Kenneth A. Marra of the U.S. District Court for the Southern District of Florida granted a motion for summary judgment filed by two Jane Does ...
United States
21 Mar 2019
10
Agents Goof In Warrant Execution, But Evidence Not Suppressed
U.S. District Judge Jed S. Rakoff of the U.S. District Court for the Southern District of New York denied the motions to suppress filed by Sebastian Pinto-Thomaz and Jeremy Millul in their prosecution...
United States
21 Mar 2019
11
Appellate Waivers In Plea Agreements Are Not Bulletproof
In Roe v. Flores-Ortega, 528 U.S. 470 (2000), the U.S. Supreme Court held that when an attorney ignores his or her client's directive to file an appeal after a guilty plea or conviction at trial...
United States
21 Mar 2019
12
No Excessive Fines In State Prosecutions Either
In Timbs v. Indiana, the U.S. Supreme Court unanimously held that the Eighth Amendment's prohibition on excessive fines applies to the states.
United States
21 Mar 2019
13
United States
20 Mar 2019
14
New Jersey Appellate Division Rules Public Notices In Land Use Cases Need Clear Description Of All Uses Proposed
On February 5, the New Jersey Appellate Division decided the case of Lakewood Realty Associates v. Lakewood Township Planning Board & RD Lakewood LLC.
United States
18 Feb 2019
15
White Collar Roundup - February 2019
The U.S. Attorney's Office for the District of New Jersey reported here it has charged two Ukrainian men "for their roles in a large-scale, international conspiracy to hack into the SEC's computer system and profit...
United States
8 Feb 2019
16
Nonprofit Permitted To Bring LAD Claim Against Objectors To Land Purchase
Efforts by a New Jersey nonprofit to purchase a group home for autistic individuals were allegedly sabotaged by a handful of neighbors who resorted to intimidation, sham offers, trespass and other neighborhood pressure to stifle the acquisition.
United States
27 Dec 2018
17
Tax Court Provides Clarity For Family Offices Seeking To Deduct Business Expenses
Proceedings in the Tax Court case of Hellmann v. Commissioner provided additional clarity on whether expenses incurred by a single family office are deductible as trade or business expenses...
United States
10 Dec 2018
18
Reconciling The Limits Of Agency Law And The Reach Of The Federal Arbitration Act; Analyzing An Agent's Ability To Bind A Principal To Arbitration In The Nursing Home Setting
Rebecca Tunney co-authored an article, "Reconciling the Limits of Agency Law and the Reach of the Federal Arbitration Act," published by the Massachusetts Law Review.
United States
17 Sep 2018
19
Appellate Division Upholds Municipal Ordinances Imposing Regulatory And Inspection Fees On Landlords
On August 29, the New Jersey Appellate Division affirmed the decisions of several trial courts, ruling that a municipality may enact inspection and other "regulatory" fees on owners of rental properties.
United States
7 Sep 2018
20
New Jersey Supreme Court Moves Closer To Daubert Standard For Admissibility Of Expert Testimony
The holding will provide opportunities to limit the number of cases that will be presented to a jury based on novel or not widely accepted theories of causation.
United States
6 Aug 2018
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