At the motion to dismiss stage, courts usually won’t consider affirmative defenses. This issue arose recently in a preferential transfer case, where a defendant sought to dismiss a complaint by arguing it was a mere conduit, not an initial transferee. Click Here To Read The Full Article
'National Law News' Category Archives
County Reps: Appeal Likely Following State Court’s Sales Tax Ruling for Retail Marijuana
In Robust Missouri Dispensary 3 v. St. Louis County, the court sided with the plaintiff, concluding that only one local government is permitted under state law to impose an additional 3% sales tax on the retail sale of marijuana. Click Here To Read The Full Article
Climate Groups Demonstrate Outside A&O Shearman and Akin London Offices
The protesters said Akin and A&O Shearman both received the worst possible rating in a report on which law firms take on fossil fuel related work. Click Here To Read The Full Article
Federal Judge Sends Novel Damages Question in Employment Dispute to State Court
“The court could answer each of these lingering questions in favor of either Johnson or Hertz. But at this stage, the court need not, and should not, definitively resolve these questions. Instead, Missouri state courts should have the first opportunity to determine these important issues of state law,” U.S. District Judge Stephen R. Clark for […]
Regulatory Upheaval Is Coming. How Businesses Prepare and Respond Will Separate Winners and Losers
“Every regulation is going to be questioned. And that’ll be a better environment for many businesses once the regulations are wiped away. But they’re going to have to adapt their businesses to exploit that,” said Sean West, co-founder of Hence Technologies. Click Here To Read The Full Article