Tag Archives: Standard

Supreme Court Punts on Tender Offer Pleading Standard Case

In a terse, unsigned one-sentence April 23, 2019 per curiam opinion, the U.S. States Supreme Court has just one week after oral argument dismissed the grant of certiorari in the case of Emulex Corporation v. Verjabedian as “improvidently granted.” The … Continue reading

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New Jersey is second state to propose uniform fiduciary standard

By Jay Fishman, J.D. New Jersey is the second state after Nevada to propose a uniform fiduciary standard for broker-dealers and investment advisers. Although pre-proposal commenters advised the New Jersey Securities Bureau to wait on the rulemaking until the SEC … Continue reading

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New York Court Discusses Standard for Granting Judgment as a Matter of Law in Medical Malpractice Cases

In cases involving obstetric malpractice, a plaintiff will typically exercise her right to a trial by jury. A jury trial allows a panel of the plaintiff’s peers, rather than a judge, to assess whether the defendant caused the plaintiff to … Continue reading

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Under LHWCA, Excusable Neglect Standard Applies to Late Filed Attorney Fee Petition

The Ninth Circuit has ruled that the excusable neglect standard applies to late filed attorney fee petitions under the Longshore and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. §901, et seq. In Iopa v. Saltchuk-Young Brothers, No. 17-70415 (March 4, … Continue reading

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Principles governing judicial review of administrative determinations pursuant to the substantial evidence standard

The Justice Center for the Protection of People with Special Needs [Justice] issued a report setting out an adverse "substantiated finding" involving Petitioner's interactions with an individual with special needs ["Service Recipient"]. Petitioner asked Justice to amend its report to … Continue reading

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