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Extensive Amendments to Federal Rules Governing Class Actions
January 01, 2004
Rule 23 of the Federal Rules of Civil Procedure was recently amended extensively to add two new sections governing the appointment of class counsel and the payment of attorney fee awards.
John Gaal's Ethics Corner
January 01, 2004
Your ethics questions answered by the expert.
Alleged Employee Wrongdoing
January 01, 2004
On Dec. 4, 2003, President Bush signed into the law the Fair and Accurate Credit Transactions Act of 2003 (FACT), Pub. L. No. 108-159, 117 Stat. 1952 (2003), amending 15 U.S.C. &sect; 1681a, <i>et. seq.</i>, and reauthorizing and amending the Fair Credit Reporting Act (FCRA).
Poppy Seed or Onion?
January 01, 2004
Unusual case: Is a bagel a weapon?
Disparate Impact and Disparate Treatment Analysis
January 01, 2004
The United States Supreme Court rebuked a Ninth Circuit panel for misapplying disparate impact analysis in the context of a disparate treatment case when the lower court ruled that a recovered drug addict could not be denied reemployment under the terms of the employer's no-rehire rule. In doing so, the Supreme Court determined that, in fact, a no-rehire rule is a "quintessential legitimate, nondiscriminatory reason for refusing an employee who was terminated because of misconduct."
What Were They Thinking ... ?
January 01, 2004
Editor-in-Chief Alfred G. Feliu shakes his head in disbelief.
Real Property Law
January 01, 2004
Recent rulings of importance to you and your clients.
Index
January 01, 2004
A guide to everything in this issue.
Court Sustains Recreation Impact Fee
January 01, 2004
In <i>Twin Lakes Development Corp. v. Town of Monroe</i> (NYLJ 11/21/03, p.19, col. 5), the New York Court of Appeals addressed an issue that has been unresolved in New York since the United States Supreme Court's 1994 opinion in <i>Dolan v. City of Tigard</i>, 512 US 374: Can a municipality collect a payment in lieu of parkland dedication as the price for approving a subdivision when the municipality has not made an individualized determination of the need for recreational facilities generated by the proposed subdivision? The court had little difficulty upholding the fee, raising two further questions: first, will the court's decision survive scrutiny by the United States Supreme Court, and second, what constitutional limits remain on a municipality's power to impose fees on developers?
Landlord & Tenant
January 01, 2004
Recent rulings of importance to you and your clients.

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