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Lawyers Shouldn’t Be Afraid To Concede Weaker Points At Oral Arguments

Above The Law

However, at oral argument, I explicitly told the judge that I thought that two of the causes of action really warranted dismissal and a more thorough look from the court and that I understood if the court did not want to dismiss the other causes of action.

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Contingency Fees Can Create Perverse Incentives

Above The Law

In many instances, contingency fees allow greater access to the legal system since clients who may not be able to pay for counsel fees might be able to pursue causes of action they otherwise would not be able to pursue if attorneys work on contingency. Unwillingness To Settle Settlements are extremely important to the legal system.

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Court Rejects Lawsuit Claiming Site Falsely Attributed Allegedly Anti-Muslim Statements to Plaintiff

The Volokh Conspiracy

The court rejected plaintiff's claims. Under New Jersey common law, a plaintiff can prevail only if they show the use of their likeness "was for a predominantly commercial purpose." Defamation … New Jersey "provides enhanced protection to speech touching on matters of public concern and interest."

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Liability for undelivered mail and the chilling effect of subpoenas

SCOTUSBlog

Share The Relist Watch column examines cert petitions that the Supreme Court has relisted for its upcoming conference. Two new cases were granted on Monday from the rolls of relisted cases. First, as I pledged in my last post , I am only too happy to eat crow after predicting that the court would not take one-time relist Villarreal v.

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New York sues New Jersey over compact governing Port of New York and New Jersey

SCOTUSBlog

Share This week we highlight cert petitions (and one original action ) that ask the Supreme Court to consider, among other things, whether New Jersey can withdraw from its Waterfront Commission Compact with New York concerning governance and law enforcement over the Port of New York and New Jersey.

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United States: New Jersey Trial Court Finds No Affirmative Cause Of Action Against Banks Under New Jersey Uniform Fiduciaries Law - Riker Danzig Scherer Hyland & Perretti

Mondaq

A New Jersey trial court recently granted summary judgment in favor of a national bank, finding that the New Jersey Uniform Fiduciaries Law ("UFL") does not permit an affirmative cause of action.

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Lawyers Should Not Weaponize The Concept Of Professional Courtesy

Above The Law

Earlier in my career, I filed a motion to dismiss several causes of action in a complaint that I believed should not have been pled in the first instance. The causes of action did not have factual support and could not be advanced due to the circumstances of the case.My

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