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Barnea Jaffa Lande & Co.

Rulings On One Sided Changes To Mutual Wills overturned

A new Supreme Court ruling overturns lower courts’ rulings and regulates the application of the “successive heirs” provision of the Succession Law, in instances when a surviving spouse who inherited property by virtue of a...more

Pagefreezer

Emojis and the Law: Are Emojis Legally Binding?

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Are emojis legally binding? Can they be used as evidence in court? The answer is complicated....more

Shipman & Goodwin LLP

Appellate Court Rejects Constitutional Challenge to Connecticut’s Anti-SLAPP Statute, Extends Quasi-Judicial Defamation Immunity...

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The Appellate Court’s recent decision in Robinson v. V.D. has a little something for any practitioner who deals with questions of constitutional law or civil procedure. Among other things, the decision held that statements...more

Hudnell Law Group

Federal Circuit Weighs the Need for Claim Construction at the Rule 12 Stage

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On October 18, 2024, the Federal Circuit issued its opinion in UTTO Inc. v. Metrotech Corp., No. 2023-1435, 2024 U.S. App. LEXIS 26340, (Fed. Cir. Oct. 18, 2024) addressing the propriety of conducting claim construction at...more

Sheppard Mullin Richter & Hampton LLP

NFT Legal Issues

This year, the SEC has ramped up its enforcement efforts against digital asset marketplaces for selling non-fungible tokens (“NFTs”) (and other digital assets) the agency alleges are securities. In response, some potential...more

Offit Kurman

2024: Year in Review: Third-Party Releases After Purdue Pharma

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The most notable decision in the bankruptcy world in 2024 was the Supreme Court’s decision in Purdue Pharma. Harrington v. Purdue Pharma, L.P., 144 S. Ct. 2071 (2024). At the heart of the fight in Purdue Pharma were...more

BCLP

To File, or Not to File: the Fifth Circuit’s Evolving Treatment of the Corporate Transparency Act

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The U.S. Court of Appeals for the Fifth Circuit reinstated and then subsequently suspended the reporting requirements under the Corporate Transparency Act (the “CTA”) over the course of the last week by staying the original...more

Fenwick & West LLP

Bruyea v. United States - Latest Foreign Tax Credit Case on the NIIT Sheds Important Light on Treaty Double Tax Articles

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Bruyea v. United States (Ct. Claims Dec. 5, 2024), is the latest in a series of cases concerning whether a U.S. double tax treaty, in this case Canada's, allows a foreign tax credit for Canadian income taxes against the 3.8%...more

Winstead PC

A Court Affirmed A Construction Of A Will Regarding The Devise Of Real Property

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In In re Estate of Martinez, a decedent left a holographic will, and a potential recipient of property under that will offered it for probate and sought a declaration regarding a devise of property. No. 04-22-00708-CV, 2024...more

Holland & Hart - Your Trial Message

Defendants, Frame Your Alternate Damages as a Test, Not an Admission

Here’s a scenario we often see when watching deliberations in a mock trial: The subject of the defendant’s alternate damages number comes up, and jurors see it as a weakness...more

Winstead PC

Court Held Order Requiring An Executor To Make A Partial Distribution Was Not An Appealable Order

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In Gaddy v. Fenenbock (In re Est. of Fenenbock), a probate court entered an order directing the independent executor of an estate to make a partial distribution of assets from the residuary clause in the decedent’s will into...more

Greenbaum, Rowe, Smith & Davis LLP

Another Urgent Update on the Corporate Transparency Act: Nationwide Injunction Back in Effect – All CTA Reporting Stayed

In an Alert earlier last week, we reported that on December 23, 2024, a motion panel of three judges from the U.S. Court of Appeals for the Fifth Circuit granted the Department of Justice’s (DOJ) motion for a stay, or...more

Shipman & Goodwin LLP

U.S. Supreme Court To Decide Whether Medicaid Recipients Have Right To Choose Provider in Ongoing Court Battle To Restrict Funding...

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The U.S. Supreme Court agreed to hear South Carolina’s challenge to the Fourth Circuit’s decision blocking South Carolina’s Medicaid program from ending its provider agreement with Planned Parenthood. The dispute arises from...more

Whiteford

Client Alert: Corporate Transparency Act: Nationwide Injunction Restored; Filing Deadlines Paused - Update – Fifth Circuit...

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The ongoing legal saga in the federal courts surrounding the Corporate Transparency Act (CTA) (31 U.S.C. § 5336) has reversed course, yet again. On December 26, 2024, the United States Court of Appeals for the Fifth...more

Allen Matkins

Can Delaware Exercise Jurisdiction Over Rupert Murdoch?

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In an opinion issued just after Christmas, Vice Chancellor J. Travis Laster ruled that a derivative lawsuit may proceed against the directors and officers of Fox Corporation.  The plaintiffs are claiming that the directors...more

Bracewell LLP

Further Action From the Fifth Circuit Renders the Corporate Transparency Act Unenforceable Nationwide

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On December 26, 2024, a merits panel for the US Court of Appeals for the Fifth Circuit (Fifth Circuit) vacated the previously reported December 23, 2024 stay, giving new life to the nationwide preliminary injunction of the...more

Seward & Kissel LLP

UPDATE - CTA Whiplash; Fifth Circuit Reverses itself and Blocks Corporate Transparency Act Reporting Requirements

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On December 26, 2024, in a very short opinion, the U.S. Court of Appeals for the Fifth Circuit, which on December 23 had lifted a national stay imposed by the U.S. District Court for the Eastern District of Texas in the case...more

CDF Labor Law LLP

Last Ride For “Headless” PAGA Actions

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Yesterday, the California Court of Appeal in Leeper v. Shipt, Inc., held that because every PAGA action necessarily includes an “individual PAGA claim” a PAGA plaintiff cannot avoid arbitration by asserting purely...more

Marshall Dennehey

Appellate Court Finds No Settlement Contract Due to Carrier’s Conditional Settlement Offer and Failure to Finalize Performance...

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Esther Lorenzo v. Homeowners Choice Prop. & Cas. Ins. Co., Fla. 3d DCA, No. 3D23-2105, October 30, 2024 - The Third District Court of Appeals reversed the trial court’s order granting the homeowners’ motion to enforce a...more

Marshall Dennehey

Court Finds Contract Invoking Direction to Pay is an Assignment and Subject to Requirements for Assignments in Florida Statute §...

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Holding Insurance Companies Accountable, LLC. A/A/O Stephen Wells v. American Integrity Insurance Company of Florida, Circuit Court, 5th Judicial Circuit in and for Lake County, Civil Division, Case No. 2021-CA-00523 - The...more

Mandelbaum Barrett PC

New York Repeals 1907 Adultery Law: What It Means for Divorce Cases

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On November 22, 2024, New York repealed its 1907 adultery law, which had criminalized adultery as a misdemeanor. This historic change aligns New York with most other states where adultery is no longer treated as a crime....more

Marshall Dennehey

Fifth District Court of Appeal Found It Was Error to Apply §627.70152 Retroactively to the Policy in This Case and Reversed the...

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The insureds filed a breach of contract lawsuit against their homeowner insurance carrier in April 2022 for damage that occurred at their property in November 2020. Nine months prior to the insureds’ filing their lawsuit,...more

Marshall Dennehey

Florida’s Third District Court of Appeal Reverses Five Interlocutory Orders in Favor of the Appellees, Leading to a Reversal of...

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Citizens Property Insurance Corporation v. Ramon Arias, et al., Fla. 3d DCA, No. 3D23-0895, December 4, 2024 - Citizens Property Insurance Corporation appealed a May 2, 2023, final judgment entered in favor of Ramon and...more

McNees Wallace & Nurick LLC

Continued commotion in Corporate Transparency Act compliance

Beneficial owners of reporting companies, as defined under the Corporate Transparency Act (31 U.S.C. § 5336) (the “CTA”), and anyone closely following recent activity surrounding the CTA and its Reporting Rule, are likely...more

Akin Gump Strauss Hauer & Feld LLP

US Supreme Court Declines to Resolve Pleading Requirements for Securities Fraud Claims

In an unexpected turn of events, the U.S. Supreme Court recently dismissed without explanation two securities fraud class action cases out of the U.S. Court of Appeals for the 9th Circuit—Facebook, Inc. v. Amalgamated Bank...more

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