Category: Legal Pulse

New York’s Highest Court Requires Hearings for Final Child Custody Determinations

–by Shannon Mumaw Sources: S.L. v. J.R., 56 N.E.3d 193 (2016); Daniel Leddy, Major Custody Ruling by New York’s Highest Court, silive.com (June 20, 2016, 12:17 PM), http://www.silive.com/opinion/danielleddy/index.ssf/2016/06/major_custody_ruling_by_new_yo.html. Abstract: The New York Court of Appeals held that in general, final

Posted in Family Law, Legal Pulse

Does Charging Bull Artist Arturo Di Modica have a Claim Under VARA?

–by Veronica Ramirez Sources: Phillips v. Pembroke Real Estate, Inc., 459 F.3d 128, 129 (1st Cir. 2006); 17 U.S.C. § 106A (2012); Leonard D. DuBoff, Christy A. King, Michael D. Murray, and James A.R. Nafziger, Art Law Deskbook: Vol. 1

Posted in Copyright Law, Intellectual Property, Legal Pulse

Paid Family Leave Without Worries?

–by Nicole Macris Citations: Family Medical Leave Act of 1993, 29 U.S.C. § 2601, et seq. (2017); FAMILY Act, S.337, 115th Cong. (2017), https://www.congress.gov/bill/115th-congress/senate-bill/337; Wendy McElroy, The FAMILY Act is Smart Politics, but Bad for Business, The Hill (Oct. 14,

Posted in Employment Law, Legal Pulse

“Total Amount Due” Means the Total Amount Due

–by Andriy Troyanovych Source: Carlin v. Davidson Fink L.L.P., No. 15-3105-cv, 2017 WL 1160887 (2d Cir. Mar. 29, 2017) Abstract: On March 29, 2017, the Second Circuit held that a letter to a consumer debtor providing a “Total Amount Due”

Posted in Commercial Transactions, Legal Pulse

United States Supreme Court Reverses and Remands Case of Alleged Racial Bias

–by Taylor J. Hoy Citation: Pena Rodriguez v. Colorado, 580 U.S. ____ (2017); Pena-Rodriguez v. People, 350 P.3d 287 (Colo. 2015). Abstract: Pena-Rodriguez examines Colorado’s interpretation of Colorado Rule of Evidence (“CRE”) 606(b) as it applies to affidavits that claim

Posted in Civil Rights, Constitutional Law, Legal Pulse

Coachella Music Festival Sues Urban Outfitters

–by Irem Karacal Sources: Kat Greene, Coachella Hits Urban Outfitters, Free People with TM Suit, Law 360, (Mar. 14, 2017, 8:46 PM EDT), https://www.law360.com/articles/902025/coachella-hits-urban-outfitters-free-people-with-tm-suit. Ryan Reed, Coachella Organizers Suing Urban Outfitters for Trademark Infringement, Rolling Stone, (Mar. 17, 2017), http://www.rollingstone.com/music/news/coachella-suing-urban-outfitters-for-trademark-infringement-w472583.

Posted in Intellectual Property, Legal Pulse

For Want of a Comma

–by Ian Ludd Citations: Daniel Victor, Lack of Oxford Comma Could Cost Maine Company Millions in Overtime Dispute, N.Y. Times (Mar. 16, 2017) https://www.nytimes.com/2017/03/16/us/oxford-comma-lawsuit.html?_r=1; O’Connor v. Oakhurst Dairy, No. 16-1901, 2017 U.S. App. LEXIS 4392 (1st Cir. Mar. 13, 2017);

Posted in Legal Pulse, Statutory Interpretation

SCOTUS: No-Impeachment Rule Not Applicable to Jury Deliberations When Racial Bias is Found

–by Melanie-Ann DeLancey Source: Pena-Rodriguez v. Colorado, 580 U.S. ____ (2017). Abstract: On March 6, 2017, the U.S. Supreme Court held that racial comments made during jury deliberations can violate a defendant’s constitutional right to a fair trial. *** Facts

Posted in Legal Pulse

Supreme Court of the United States Quotes Syracuse Law Review Article

–by Samantha Pallini Citation: McLane Co. v. EEOC, No. 15-1248, 2017 U.S. LEXIS 2327, at *17 (Apr. 3, 2017) (quoting Maurice Rosenberg, Judicial Discretion of the Trial Court, Viewed From Above, 22 Syracuse L. Rev. 635, 637 (1971)). *** The

Posted in Legal Pulse

How Courts Are Handling the Proportionality Requirements of Rule 26(g)

–by Steven Yurkonis Sources: Fed. R. Civ. P. 26 (2015); Mancia v. Mayflower Textile Servs. Co., 253 F.R.D. 354, 357 (D. Md. 2008). Abstract: The changes to discovery procedures in the Federal Rules of Civil Procedure have been in effect

Posted in Civil Practice, Legal Pulse