Who wrote "I know it when I see it"? Do you think:
a. Jon Stewart, about comedic talent;
b. Rod Stewart, on pulchritude;
c. Jeb Stuart, concerning military audacity; or
d. Potter Stewart, in reference to "hard-core pornography".
The Second Circuit wrote something like that when it ruled on April 25
Standing nearby when what our banker friends call a liquidity event takes place can result in an influx of wealth. Who doesn't want that.
The opposite feeling takes hold for what we'll refer to as liability events. These usually involve the disappearance of money that belongs to Other People. Bankers like to distance themselves in those instances.
Sometimes
We've known at least since Bell Atl. Co. v. Twombly, 550 U.S. 544 (2007), that competitors can engage in parallel conduct — charging the same price, offering the same product features, setting identical contract terms — without running afoul of the Sherman Act. A plaintiff claiming a violation of section 1, which bars conspiracies
Blawgletter thinks we can all agree that no lawyer wants to see this sort of reference to him or her in a court ruling:
The failure to [do something important] was entirely and indefensibly the fault of [litigant's] counsel.
Communications Network Int'l, Ltd. v. MCI WorldCom Communications, Inc. (In re WorldCom, Inc.), No. 10-4588(l), slip
A Jordanian bank objected to turning over records that it claimed it couldn't produce without risking criminal prosecution by the governments of Jordan, Lebanon, and the Palestinian Monetary Authority.
The plaintiffs accused the institution, Arab Bank, of aiding terrorist groups that had killed and hurt them and family members in Israel and the Palestinian Territories. They sued under
Nike of Samothrace (ca. 190 BC), in the Louvre.
Nike, the Greek goddess, symbolizes victory.
Nike, Inc., which started in 1964 as Blue Ribbon Sports, plays on the triumphalist theme. And this week it won a fight not by conventional means but by fleeing the field of battle.
Nike had sued a rival
Perhaps there is a police officer somewhere who would interpret an automobile passenger’s giving him the finger as a signal of distress, creating a suspicion that something occurring in the automobile warranted investigation. And perhaps that interpretation is what prompted Insogna to act, as he claims. But the nearly universal recognition that this gesture is
You don't get to meet the Chief Judge of a U.S. Court of Appeals every day. Unless perhaps you work for her or belong to his nuclear family.
Blawgletter had the honor of having a visit with Chief Judge Dennis Jacobs, who presides over the Second Circuit, at our firm's open house last week in
Being tall, approaching someone, and asking them questions (even in an accusatory tone) does not arguably satisfy the elements of any crime.
Ackerson v. City of White Plains, No. 11-4649-cv, slip op. at 14 (2d Cir. Dec. 4, 2012) (reversing summary judgment against plaintiff Ackerson, who charged that police officers falsely arrested him for "third degree
Blawgletter had the pleasure of trying a case in Louisiana state court last year. The subject matter — a fight over oil and gas rights and 3D seismic data — fit well within our legal wheelhouse. But something made us feel like a fish out of water.
The law in the Pelican State, you see, gets