Zoning lawsuits are unlike any other type of litigation. They have their own peculiarities, including potential constitutional considerations, different evidentiary issues, and special appellate standards ...
Read More »E-mail tests jurisdictional jurisprudence
“[S]omewhat like trying to board a moving bus.” —Burger King Restaurant Corp. v. King, 126 F.3d 25, 27 (2nd Cir. 1997)(describing the challenge of adjudicating ...
Read More »Courts brook no nonsense with ‘Schwartz’ claims
“May the Schwartz Be With You” —Character named Yogurt in movie “Space Balls” (1987) The Mel Brooks’ film spoof of “Star Wars,” “Space Balls,” did ...
Read More »Lawyers, clients, and other litigation follies
The venerable saying that lawyers who represent themselves have fools for clients has, like most old saws, a basis in reality. Lawyers often find that ...
Read More »Mystique and mistakes of expert witness testimony
“The essence of the expert is that [the] field shall be very special and narrow. One of the ways [to] inspire confidence is to rigidly ...
Read More »Rulings show that self-defense may be no defense
There’s an old saying in sports that “The best defense is a good offense.” By scoring a lot of points, a combatant may keep the ...
Read More »Courts take varying views of criminal informants
Informants play an important role in the criminal justice process. They often provide the basis for law enforcement personnel to make searches, seizures, arrests, and ...
Read More »Clinton leaving, but family leave here to stay
The Federal Family and Medical Leave Act (FMLA) was ushered in by the Clinton administration. The measure, 29 U.S.C. sec. 2601, which provides for a ...
Read More »Court cases consider corporate rights of minorities
“A resolute minority has usually prevailed over an easygoing or wobbly majority whose prime purpose was to be left alone.” —James Reston, Sketches in the ...
Read More »Recent court cases deal with car dealers
“The car has become an article of dress without which we feel uncertain, unclad, and incomplete.” — Marshall McLuhan, Understanding Media (1964), p. 22 Car ...
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