(PRWEB) June 14, 2012 Alarm and resentment toward the federal Medicare/Medicaid system has been on the rise with reports of widespread fraud investigations. In the recent case #4:11cr113 in the Southern District Court of Texas,Dr. Ben Echols he fell under suspicion when two healthcare companies he worked with pleaded guilty to fraud. He was recently acquitted of three of his charges, with five others resulting in a mistrial caused by a hung jury an outcome that local healthcare fraud specialist, Attorney Robert Malove, says is a ray of hope.
According to Malove, who practices Medicare fraud defense, individual doctors frequently become targets in investigations of much larger healthcare operations, even if the doctors were not aware of any questionable activities. In some cases Malove says the government casts a very wide net and assumes that everyone affiliated with a healthcare entity knew or should have known about any criminal activity that was occurring.
It's typical in federal criminal prosecutions for defendants to seek a lighter sentence by cooperating with prosecutors, Malove said. Unfortunately that means they need to name names. Physicians who work for healthcare companies may themselves have been duped and not known about fraudulent conduct. In some cases doctors can become an easy target to blame.
Malove doesn't deny that Medicare fraud is a serious crime - a crime costing Americans upwards of $ 60 billion dollars a year, but says he wants to make sure the right people are the ones going to jail. Based on reports of testimony of Dr. Echols, he was misled on the documents he was signing. That makes him a victim of the fraud, not an accessory," according to the Houston Chronicle on May 23, 2012.
Doctors accused of fraud or conspiracy should immediately contact attorney Malove. Federal prosecutors are eager to secure convictions, and these cases move quickly. Even a well-respected practice can fall apart if its reputation comes under attack.
About Robert Malove:
Robert David Malove is a distinguished trial lawyer with 30 years of experience in both federal and state courts. Mr. Malove is Board Certified as a specialist in criminal trial law. Mr. Malove has completed post-graduate studies in Healthcare Corporate Compliance at George Washington University and has comprehensive knowledge of the various state and federal laws regarding healthcare fraud and corporate compliance. His practice concentrates on legal issues related to healthcare fraud defense. Malove is the author of White Collar Crime: Health Care Fraud. (West) (2011-2012 ed.).
Related Criminal Lawyer Fort Lauderdale Press Releases
View this post on my blog: http://onlinefindlawyers.com/fort-lauderdale-attorney-supports-doctors-challenges-medicare-fraud-investigations.html
2012年9月3日星期一
2012年9月2日星期日
Dirty Martini founder to launch barbecue eatery on Clematis Street
Dirty Martini founder to launch barbecue eatery on Clematis Street
personal injury lawyer fort lauderdale
Other locations also include Palm Beach Gardens, Boca Raton and Fort Lauderdale. But this will be the first ... It's been nearly two years since six top lawyers split from the venerable personal injury firm of Lytal Reiter to start their own practice ...
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Other locations also include Palm Beach Gardens, Boca Raton and Fort Lauderdale. But this will be the first ... It's been nearly two years since six top lawyers split from the venerable personal injury firm of Lytal Reiter to start their own practice ...
View this post on my blog: http://onlinefindlawyers.com/dirty-martini-founder-to-launch-barbecue-eatery-on-clematis-street.html
Behavioral and Personality Changes Caused by Traumatic Brain Injury
Behavioral and Personality Changes Caused by Traumatic Brain Injury
personal injury lawyer fort lauderdale
WEST PALM BEACH, FL, August 18, 2012 /24-7PressRelease/ -- Traumatic brain injury (TBI) is one of the most common types of personal injury acquired in the United States. TBI can result from many different types of accidents, and ... If you live in or ...
View this post on my blog: http://onlinefindlawyers.com/behavioral-and-personality-changes-caused-by-traumatic-brain-injury.html
personal injury lawyer fort lauderdale
WEST PALM BEACH, FL, August 18, 2012 /24-7PressRelease/ -- Traumatic brain injury (TBI) is one of the most common types of personal injury acquired in the United States. TBI can result from many different types of accidents, and ... If you live in or ...
View this post on my blog: http://onlinefindlawyers.com/behavioral-and-personality-changes-caused-by-traumatic-brain-injury.html
Bankruptcy Strategies
Bankruptcy Strategies
Claiming Maximum Benefits Under Chapter 7 & 13, For Low Cost, Is Easier Than You Now Think. Find Out How The Pros Use Their Options Wisely And Beat Creditors At Their Own Game.
Bankruptcy Strategies
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Claiming Maximum Benefits Under Chapter 7 & 13, For Low Cost, Is Easier Than You Now Think. Find Out How The Pros Use Their Options Wisely And Beat Creditors At Their Own Game.
Bankruptcy Strategies
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Florida Bar disciplines 22 attorneys, disbars 10
Florida Bar disciplines 22 attorneys, disbars 10
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Three attorneys were placed on probation; four attorneys were publicly reprimanded. As an official arm of the Florida Supreme Court, The ... Gary-Hamilton entered into a contingency fee agreement to represent her cousin, a Georgia resident, for ...
View this post on my blog: http://onlinefindlawyers.com/florida-bar-disciplines-22-attorneys-disbars-10.html
personal injury lawyer fort lauderdale
Three attorneys were placed on probation; four attorneys were publicly reprimanded. As an official arm of the Florida Supreme Court, The ... Gary-Hamilton entered into a contingency fee agreement to represent her cousin, a Georgia resident, for ...
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How To Find A Personal Injury Lawyer in Miami
How To Find A Personal Injury Lawyer in Miami
Article by Lyn Giguere
How To Find A Personal Injury Lawyer in Miami - Law - Personal Injury
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When looking for a personal injury lawyer in Miami, there are many places to seek input from. One must seek advice from friends, coworkers and colleagues. The internet should also be used to find past client reviews, peer reviews, and general background on the law firm. Others advice about how their case was handled can provide insight to the positive and negative aspects of any personal injury lawyer. When trying to determine if a certain lawyer is the best choice, one must be able to take a few things into consideration. One must be able to sit comfortably with their lawyer to discuss issues with him/her about the claims and the possible ways of handling it. Prior to actual contact with a lawyer, one should find out if he or she charges for the first interview. Most reputable law firms provide free consultations. If a lawyer does make an attempt to bill for the initial meeting for discussion of a possible case another lawyer should be contacted instead. At the initial m
eeting it will be important to provide the perspective lawyer with duplicates of all papers such as police statement, therapeutic reports, bills, proceeds loss info, and every other detail connected with the case.Before making a selection on a personal injury lawyer who is best suited to handle your case, one must also verify that the lawyer has enough experience. This can be accomplished by determining the following:- How long has he or she has been practicing?- Will he or she be directly involved in the personal injury case?- Does the lawyer represent defendants or plaintiffs?- Does the lawyer specialize in your type of injury?- What is the winning case ratio of the law firm?If injured it is important to take your time and carefully select the right Miami area personal injury lawyer to handle your case.
About the Author
Lyn Giguere specializes in Lawyer Marketing for personal injury lawyers. http://www.grossmanroth.com/personal-injury.html">Miami personal injury lawyer location. She writes on various subjects of personal injury law helping victims of accidents find a Injury Lawyer near Miami to represent their interests.
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Article by Lyn Giguere
How To Find A Personal Injury Lawyer in Miami - Law - Personal Injury
Search by Author, Title or Content
Article ContentAuthor NameArticle Title
Home
Submit Articles
Author Guidelines
Publisher Guidelines
Content Feeds
RSS Feeds
FAQ
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When looking for a personal injury lawyer in Miami, there are many places to seek input from. One must seek advice from friends, coworkers and colleagues. The internet should also be used to find past client reviews, peer reviews, and general background on the law firm. Others advice about how their case was handled can provide insight to the positive and negative aspects of any personal injury lawyer. When trying to determine if a certain lawyer is the best choice, one must be able to take a few things into consideration. One must be able to sit comfortably with their lawyer to discuss issues with him/her about the claims and the possible ways of handling it. Prior to actual contact with a lawyer, one should find out if he or she charges for the first interview. Most reputable law firms provide free consultations. If a lawyer does make an attempt to bill for the initial meeting for discussion of a possible case another lawyer should be contacted instead. At the initial m
eeting it will be important to provide the perspective lawyer with duplicates of all papers such as police statement, therapeutic reports, bills, proceeds loss info, and every other detail connected with the case.Before making a selection on a personal injury lawyer who is best suited to handle your case, one must also verify that the lawyer has enough experience. This can be accomplished by determining the following:- How long has he or she has been practicing?- Will he or she be directly involved in the personal injury case?- Does the lawyer represent defendants or plaintiffs?- Does the lawyer specialize in your type of injury?- What is the winning case ratio of the law firm?If injured it is important to take your time and carefully select the right Miami area personal injury lawyer to handle your case.
About the Author
Lyn Giguere specializes in Lawyer Marketing for personal injury lawyers. http://www.grossmanroth.com/personal-injury.html">Miami personal injury lawyer location. She writes on various subjects of personal injury law helping victims of accidents find a Injury Lawyer near Miami to represent their interests.
Use and distribution of this article is subject to our Publisher Guidelines
whereby the original author's information and copyright must be included.
Lyn Giguere
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Print Article
Add to Favorites
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The Self-Defense Stand Your Ground Law Currently Under Revision in Florida
Tampa, FL (PRWEB) June 19, 2012 The current Florida Stand Your Ground rule is being reviewed statewide, but a state senator who formed his own task force is recommending the law be rewritten to make it more difficult for defendants to claim self-defense. Without the help of a criminal defense attorney, Tampa residents may have fewer legal options.
The stand your ground law came about in 2005, when Florida legislators made it easier for criminal defendants to claim self-defense. Significantly, the stand your ground defense eliminated any duty to retreat. Florida Statute 776.013 states that a person has no duty to retreat and has the right to stand his or her ground if the person believes deadly force is necessary to prevent death, great bodily harm, or the commission of a forcible felony, such as a robbery. There are three relevant questions: (1) Does the defendant have the right to be there? (2) Was the defendant engaged in a lawful activity?; and (3) Could the defendant have reasonably been in fear of death or great bodily harm? If the State is unable to prove the contrary beyond a reasonable doubt, the stand your ground defense shall prevail.
Senator Chris Smith, a democrat from Fort Lauderdale, has formed his own task force to revise this controversial law regarding self-defense claims in criminal cases. The changes proposed would allow law enforcement officers more freedom to investigate shootings of unarmed victims and make the self-defense plea less available to defendants looking for a way to combat their violent crime charges.
The 18-member group did not recommend that the law be repealed, only revised. They recommended that they should maintain their right to claim self-defense, but a grand jury will decide whether or not to dismiss their charges. The group also pushed for clear language in cases where this defense strategy was being used.
As a criminal defense attorney, St. Petersburg lawyer Ryan P. Rooth has seen many cases where Stand Your Ground has been an issue. Laws as they are written are interpreted through court cases, says Mr. Rooth. The laws governing self-defense claims will stand in some cases and not in others.
Senator Smith's task force is reviewing case studies to better understand where the stand your ground defense rules best apply. In over 100 cases reviewed, the defense was used successfully. They are discerning whether the law is protecting the guilty. The stand your ground defense is very controversial based on recent high-profile cases, such as that of Florida resident Trayvon Martin. The law has been used in instances that the legislature never originally intended, with inconsistent results that vary depending on the judge and the facts of the case.
Some of the main points the task force is looking at is gang-related shootings where the defendants were armed and their victims were not, says Mr. Rooth. Many people claim self defense when a bystander is shot. These are the cases where Stand Your Ground is unclear.
Rooth Law Group, P.A. represents a variety of criminal cases, personal injury cases, and domestic violence claims. Ryan Rooth has been recognized as one of Tampa Bays Top Lawyers, by Tampa Bay Magazine and is AV Rated by peers with Martindale Hubbell. The firm received Legal Elite recognition by Florida Trends Magazine in 2011. With extensive trial experience and 24/7 Service Available, The Rooth Law Group is one of the top firms in the area.
To learn more about Rooth Law Group's legal services as a criminal defense attorney, Tampa residents can visit http://roothlawgroup.com/ or contact the offices at Rooth Law Group, P.A. at 1228 East 7th Avenue, Suite 200-A Tampa, FL 33605. For an appointment call (813) 333-6517.
View this post on my blog: http://onlinefindlawyers.com/the-self-defense-stand-your-ground-law-currently-under-revision-in-florida.html
The stand your ground law came about in 2005, when Florida legislators made it easier for criminal defendants to claim self-defense. Significantly, the stand your ground defense eliminated any duty to retreat. Florida Statute 776.013 states that a person has no duty to retreat and has the right to stand his or her ground if the person believes deadly force is necessary to prevent death, great bodily harm, or the commission of a forcible felony, such as a robbery. There are three relevant questions: (1) Does the defendant have the right to be there? (2) Was the defendant engaged in a lawful activity?; and (3) Could the defendant have reasonably been in fear of death or great bodily harm? If the State is unable to prove the contrary beyond a reasonable doubt, the stand your ground defense shall prevail.
Senator Chris Smith, a democrat from Fort Lauderdale, has formed his own task force to revise this controversial law regarding self-defense claims in criminal cases. The changes proposed would allow law enforcement officers more freedom to investigate shootings of unarmed victims and make the self-defense plea less available to defendants looking for a way to combat their violent crime charges.
The 18-member group did not recommend that the law be repealed, only revised. They recommended that they should maintain their right to claim self-defense, but a grand jury will decide whether or not to dismiss their charges. The group also pushed for clear language in cases where this defense strategy was being used.
As a criminal defense attorney, St. Petersburg lawyer Ryan P. Rooth has seen many cases where Stand Your Ground has been an issue. Laws as they are written are interpreted through court cases, says Mr. Rooth. The laws governing self-defense claims will stand in some cases and not in others.
Senator Smith's task force is reviewing case studies to better understand where the stand your ground defense rules best apply. In over 100 cases reviewed, the defense was used successfully. They are discerning whether the law is protecting the guilty. The stand your ground defense is very controversial based on recent high-profile cases, such as that of Florida resident Trayvon Martin. The law has been used in instances that the legislature never originally intended, with inconsistent results that vary depending on the judge and the facts of the case.
Some of the main points the task force is looking at is gang-related shootings where the defendants were armed and their victims were not, says Mr. Rooth. Many people claim self defense when a bystander is shot. These are the cases where Stand Your Ground is unclear.
Rooth Law Group, P.A. represents a variety of criminal cases, personal injury cases, and domestic violence claims. Ryan Rooth has been recognized as one of Tampa Bays Top Lawyers, by Tampa Bay Magazine and is AV Rated by peers with Martindale Hubbell. The firm received Legal Elite recognition by Florida Trends Magazine in 2011. With extensive trial experience and 24/7 Service Available, The Rooth Law Group is one of the top firms in the area.
To learn more about Rooth Law Group's legal services as a criminal defense attorney, Tampa residents can visit http://roothlawgroup.com/ or contact the offices at Rooth Law Group, P.A. at 1228 East 7th Avenue, Suite 200-A Tampa, FL 33605. For an appointment call (813) 333-6517.
View this post on my blog: http://onlinefindlawyers.com/the-self-defense-stand-your-ground-law-currently-under-revision-in-florida.html
2012年9月1日星期六
Florida Bar disciplines 22 attorneys, disbars 10
Florida Bar disciplines 22 attorneys, disbars 10
personal injury lawyer fort lauderdale
Three attorneys were placed on probation; four attorneys were publicly reprimanded. As an official arm of the Florida Supreme Court, The ... Gary-Hamilton entered into a contingency fee agreement to represent her cousin, a Georgia resident, for ...
View this post on my blog: http://onlinefindlawyers.com/florida-bar-disciplines-22-attorneys-disbars-10.html
personal injury lawyer fort lauderdale
Three attorneys were placed on probation; four attorneys were publicly reprimanded. As an official arm of the Florida Supreme Court, The ... Gary-Hamilton entered into a contingency fee agreement to represent her cousin, a Georgia resident, for ...
View this post on my blog: http://onlinefindlawyers.com/florida-bar-disciplines-22-attorneys-disbars-10.html
Shpoonkle Pro Bono Announces Charity Launch Event in Fort Lauderdale, Florida
(PRWEB) July 30, 2012 Shpoonkle Pro Bono serves to heighten successful integration of law firms and attorneys in delivering volunteer services in the areas of Civil, Criminal, and Juvenile Rights. Shpoonkle Pro Bono augments legal assistance to many of charities most vulnerable groups of clients. Many of these charitable groups are overwhelmed and lacking in resources. Our goal is to facilitate easier online access to varied charitable organizations to legal professionals who want to help them.
This is expected to be a high profile event with local business, legal professions, politicians, and a few celebs, expected to turn out for the launch of this wonderful new charitable organization. The event sponsors can be found on http://www.shpoonklepb.com/charityevent/ . Eye on South Florida is expected to be covering the event as well. Please join the celebration in launching this new and exciting charity that supports the efforts of other charitable organizations legal issues for their service population.
The mission of Shpoonkle Pro Bono
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This is expected to be a high profile event with local business, legal professions, politicians, and a few celebs, expected to turn out for the launch of this wonderful new charitable organization. The event sponsors can be found on http://www.shpoonklepb.com/charityevent/ . Eye on South Florida is expected to be covering the event as well. Please join the celebration in launching this new and exciting charity that supports the efforts of other charitable organizations legal issues for their service population.
The mission of Shpoonkle Pro Bono
View this post on my blog: http://onlinefindlawyers.com/shpoonkle-pro-bono-announces-charity-launch-event-in-fort-lauderdale-florida.html
2012年8月31日星期五
Behavioral and Personality Changes Caused by Traumatic Brain Injury
Behavioral and Personality Changes Caused by Traumatic Brain Injury
personal injury lawyer fort lauderdale
WEST PALM BEACH, FL, August 18, 2012 /24-7PressRelease/ -- Traumatic brain injury (TBI) is one of the most common types of personal injury acquired in the United States. TBI can result from many different types of accidents, and ... If you live in or ...
View this post on my blog: http://onlinefindlawyers.com/behavioral-and-personality-changes-caused-by-traumatic-brain-injury.html
personal injury lawyer fort lauderdale
WEST PALM BEACH, FL, August 18, 2012 /24-7PressRelease/ -- Traumatic brain injury (TBI) is one of the most common types of personal injury acquired in the United States. TBI can result from many different types of accidents, and ... If you live in or ...
View this post on my blog: http://onlinefindlawyers.com/behavioral-and-personality-changes-caused-by-traumatic-brain-injury.html
Six South Florida attorneys disbarred; one in drug conspiracy
Six South Florida attorneys disbarred; one in drug conspiracy
personal injury lawyer fort lauderdale
Scott E. Rovenger, Fort Lauderdale, disbarred on a May 22 court order for inappropriate disbursement of funds from his trust account. (Admitted to practice: 1978). A review of Rovenger's trust account revealed balances below ... (Admitted to practice ...
SGA Senate Meeting 8/30
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posted by: Anonymous. Readers of the Central Florida Future should look online to compare different LASIK Ft. Lauderdale centers to find the best doctors. Finding the right LASIK center is important, as eye surgery can be a life changing experience for ...
View this post on my blog: http://onlinefindlawyers.com/six-south-florida-attorneys-disbarred-one-in-drug-conspiracy.html
personal injury lawyer fort lauderdale
Scott E. Rovenger, Fort Lauderdale, disbarred on a May 22 court order for inappropriate disbursement of funds from his trust account. (Admitted to practice: 1978). A review of Rovenger's trust account revealed balances below ... (Admitted to practice ...
SGA Senate Meeting 8/30
personal injury lawyer fort lauderdale
posted by: Anonymous. Readers of the Central Florida Future should look online to compare different LASIK Ft. Lauderdale centers to find the best doctors. Finding the right LASIK center is important, as eye surgery can be a life changing experience for ...
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Internet LAVA Sponsors 2011 NORML Key West Legal Seminar
(PRWEB) November 17, 2011 For the second year in a row, web design and law firm marketing company, Internet LAVA, is pleased to announce their sponsorship of the 2011 NORML Key West Legal Seminar. This season's seminar will be held at the Pier House Resort and Caribbean Spa in Key West, FL, on December 1-3, 2011. Internet LAVA looks forward to collaborating with legal professionals at each conference and is proud to support NORML (National Organization for the Reform and Legalization of Marijuana) and help the attorneys who attend gain knowledge about the importance of web development and online marketing for legal businesses.
The NORML Key West seminar is an annual legal conference with accredited courses recognized by all states that require Continuing Legal Education (CLE) credits for practicing attorneys. The knowledge shared during this event helps enhance NORML's efforts to pursue responsible marijuana reform on a state and federal level. Not only does the conference present an opportunity to satisfy CLE credit requirements, the Key West Legal Seminar offers a beautiful environment where marijuana reform activists can meet to discuss topics surrounding and techniques used to influence the public policy debate around the legalization of marijuana.
There is much to discuss at this years conference with the recent controversy concerning marijuana-related legal policies. NORML Legal Counsel, R. Keith Stroup says, We have been holding the annual December conference for more than 30 years. The NORML Legal Committee attorneys look forward to the Key West seminar each year because of the networking opportunities with new and old friends who share the opposition to marijuana prohibition. Issues surrounding marijuana laws constantly change as conflicts between federal prohibition and states rights are brought to the forefront of the debate. Stroup continues, In addition, this year we will be focusing on the federal government's attempt to close down medical marijuana dispensaries in California and the lawsuits several NORML Legal Committee attorneys have brought to try to stop their interference."
Last month, NORML Legal Committee attorneys filed suit against the federal government and its key lawyers as a result of a federal bust scheme on the distribution of marijuana. There is particular concern surrounding state laws that allow the responsible use of cannabis and the infringement of the federal government. As some states become more tolerant towards marijuana sales, use and growth, federal agents continue to arrest people who are in conjunction with state law.
NORML's legal seminars host a collection of prominent speakers on issues surrounding current marijuana legalization efforts and criminal defense tactics. This years roster of speakers include NORML Executive Director, Allen St. Pierre, Deputy Director of NORML and the NORML Foundation, Paul Armentano, along with an array of distinguished attorneys from across the nation. December 2011 topics of discussion include:
View this post on my blog: http://onlinefindlawyers.com/internet-lava-sponsors-2011-norml-key-west-legal-seminar.html
The NORML Key West seminar is an annual legal conference with accredited courses recognized by all states that require Continuing Legal Education (CLE) credits for practicing attorneys. The knowledge shared during this event helps enhance NORML's efforts to pursue responsible marijuana reform on a state and federal level. Not only does the conference present an opportunity to satisfy CLE credit requirements, the Key West Legal Seminar offers a beautiful environment where marijuana reform activists can meet to discuss topics surrounding and techniques used to influence the public policy debate around the legalization of marijuana.
There is much to discuss at this years conference with the recent controversy concerning marijuana-related legal policies. NORML Legal Counsel, R. Keith Stroup says, We have been holding the annual December conference for more than 30 years. The NORML Legal Committee attorneys look forward to the Key West seminar each year because of the networking opportunities with new and old friends who share the opposition to marijuana prohibition. Issues surrounding marijuana laws constantly change as conflicts between federal prohibition and states rights are brought to the forefront of the debate. Stroup continues, In addition, this year we will be focusing on the federal government's attempt to close down medical marijuana dispensaries in California and the lawsuits several NORML Legal Committee attorneys have brought to try to stop their interference."
Last month, NORML Legal Committee attorneys filed suit against the federal government and its key lawyers as a result of a federal bust scheme on the distribution of marijuana. There is particular concern surrounding state laws that allow the responsible use of cannabis and the infringement of the federal government. As some states become more tolerant towards marijuana sales, use and growth, federal agents continue to arrest people who are in conjunction with state law.
NORML's legal seminars host a collection of prominent speakers on issues surrounding current marijuana legalization efforts and criminal defense tactics. This years roster of speakers include NORML Executive Director, Allen St. Pierre, Deputy Director of NORML and the NORML Foundation, Paul Armentano, along with an array of distinguished attorneys from across the nation. December 2011 topics of discussion include:
View this post on my blog: http://onlinefindlawyers.com/internet-lava-sponsors-2011-norml-key-west-legal-seminar.html
2012年7月19日星期四
Pa. monsignor seeks probation in landmark case
PHILADELPHIA (AP) - The first U.S. church official convicted of endangering children in the priest-abuse scandal asked Thursday for a sentence of house arrest or probation, calling a long prison term "cruel and unusual."
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Scalia says no 'falling out' with Roberts
WASHINGTON (AP) - Justice Antonin Scalia said he hasn't had a "falling out" with Chief Justice John Roberts over the Supreme Court's landmark 5-4 decision validating much of President Barack Obama's health care overhaul.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Obituary: Longtime Phila. Law Firm President Dies
Daniel L. Thistle, president of the Thistle Law Firm in Philadelphia, has died.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Justices Disbar Former Bucks Co. Deputy District Attorney
The state Supreme Court has disbarred Bucks County's former chief deputy district attorney, despite a recommendation by the Supreme Court's Disciplinary Board that he be suspended for five years.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Judge Awards Fees In Extended Dispute Between Lawyers
In a battle over attorney fees that has been drawn out over eight years, a federal judge took a sharp tone this week in a 79-page opinion in which he expressed the "sincere hope" that it would close the dispute.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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2012年7月18日星期三
Superior Court Rules Unconstitutional Mandatory Life Sentence for Juveniles
Pennsylvania juveniles may not face mandatory sentences of life in prison without parole, the state Superior Court has ruled, ruling the practice unconstitutional as a violation of Eighth Amendment rights.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Atty: Pa. beating case no race-bias bellwether
PITTSBURGH (AP) - Pittsburgh police are no strangers to civil rights controversies.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Voter ID Law Sparks Disenfranchisement Debate
HARRISBURG (AP) - With election day less than four months away, a debate is getting more intense over whether the new state law requiring voters to show specific photo identification at the polls will be a tool for disenfranchisement.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Skinny Jeans Can Harm Testes; The Law of Comparative Fault
Sacrificing health for fashion isn’t exactly a new trend. After all, women have been wearing high heels since ancient Egypt. However, new research is showing that a more recent fashion trend could endanger that which men hold most dearly: their testicles.
There have been previous reports detailing the dangers of skinny jeans with regard to leg numbness and nerve damage. Now, the Telegraph is citing medical experts that are finding that skinny jeans pose an additional danger to male wearers: the twisted testicle.
Twisted testicles occur when tight trousers prevent the spermatic cord from moving freely, meaning it twists and leads to testicular torsion which cuts off the blood supply requiring immediate surgery to prevent a gangrenous testicle.
Where are my sweatpants again?
In all seriousness, is it all that shocking that wearing incredibly tight, thick material around the thighs and genitals is a bad idea? Common sense alone should tell us that.
And common sense, believe it or not, does play into the law. The law holds everyone to the standard of the reasonable person. Would the reasonable person restrict their reproductive organs in such an uncomfortable way in the name of fashion?
Let’s take it one step further. Could someone sue a jean manufacturer if he lost his left testicle to gangrene due to overly tight pants?
Possibly. If a manufacturer continues to sell a dangerous product after the dangers are known, there’s a strong possibility of a lawsuit there. This is especially true when there is a reasonable alternative design available, such as the Don Draper look.
However, even if the plaintiff were to get his lawsuit in front of a jury, Illinois law requires that the plaintiff’s damages be reduced by whatever percentage of fault is his own. In other words, the idiot in skinny jeans is held somewhat responsible for his own testicular torsion. And if a jury thinks that the wearer is more than 50 percent at fault, the manufacturer is completely off the hook.
So remember, skinny jeans, while fashionable, carry the risk of gangrenous testicles and nerve damage in the wearer’s thighs. And while a lawsuit might be theoretically possible, testicular torsion is not the best way to get a million dollar judgment.
Related Resources:
Consult a Chicago Personal Injury Attorney (FindLaw)
Skinny jeans may lead to ‘twisted testicles’ and other painful health problems for style-conscious men (New York Daily News)
Comparative Negligence (FindLaw’s Learn About the Law)
Riding a Bicycle Kills Your Sex Life? (FindLaw’s New York Personal Injury Law Blog)
The Chicago Personal Injury Law Blog
View this post on my blog: http://onlinefindlawyers.com/find-lawyers/skinny-jeans-can-harm-testes-the-law-of-comparative-fault.html
There have been previous reports detailing the dangers of skinny jeans with regard to leg numbness and nerve damage. Now, the Telegraph is citing medical experts that are finding that skinny jeans pose an additional danger to male wearers: the twisted testicle.
Twisted testicles occur when tight trousers prevent the spermatic cord from moving freely, meaning it twists and leads to testicular torsion which cuts off the blood supply requiring immediate surgery to prevent a gangrenous testicle.
Where are my sweatpants again?
In all seriousness, is it all that shocking that wearing incredibly tight, thick material around the thighs and genitals is a bad idea? Common sense alone should tell us that.
And common sense, believe it or not, does play into the law. The law holds everyone to the standard of the reasonable person. Would the reasonable person restrict their reproductive organs in such an uncomfortable way in the name of fashion?
Let’s take it one step further. Could someone sue a jean manufacturer if he lost his left testicle to gangrene due to overly tight pants?
Possibly. If a manufacturer continues to sell a dangerous product after the dangers are known, there’s a strong possibility of a lawsuit there. This is especially true when there is a reasonable alternative design available, such as the Don Draper look.
However, even if the plaintiff were to get his lawsuit in front of a jury, Illinois law requires that the plaintiff’s damages be reduced by whatever percentage of fault is his own. In other words, the idiot in skinny jeans is held somewhat responsible for his own testicular torsion. And if a jury thinks that the wearer is more than 50 percent at fault, the manufacturer is completely off the hook.
So remember, skinny jeans, while fashionable, carry the risk of gangrenous testicles and nerve damage in the wearer’s thighs. And while a lawsuit might be theoretically possible, testicular torsion is not the best way to get a million dollar judgment.
Related Resources:
Consult a Chicago Personal Injury Attorney (FindLaw)
Skinny jeans may lead to ‘twisted testicles’ and other painful health problems for style-conscious men (New York Daily News)
Comparative Negligence (FindLaw’s Learn About the Law)
Riding a Bicycle Kills Your Sex Life? (FindLaw’s New York Personal Injury Law Blog)
The Chicago Personal Injury Law Blog
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Former Client Sues Duane Morris for $192 Million
The former head of a Maryland-based credit card processing company is seeking more than $ 192 million in damages from Duane Morris, alleging that the attorney he hired to assist him in selling a controlling interest in the company failed to disclose his relationship with the buyer, a Baltimore-based venture capital firm.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Judge nixes Pa. soldier's Iraq electrocution suit
PITTSBURGH (AP) - A military contractor cannot be held liable in the death of a soldier who was electrocuted in his barracks shower at an Army base in Iraq, a federal judge said in dismissing a lawsuit brought by Pittsburgh-area soldier's mother.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Obituary: Former Schnader Harrison Partner Dies
Ira P. Tiger, a former partner with Schnader Harrison Segal & Lewis, died June 2.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Clement, Prolific in High Court Arguments, Reviews Latest Term
Lawyers representing pharmaceutical companies in litigation over off-label marketing may want to read up on the U.S. Supreme Court's decision in the so-called "Stolen Valor" case, former U.S. Solicitor General Paul Clement said Monday.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Orie Melvin Loses Bid for Recusal of Allegheny Co. Bench
The six sitting justices on the Pennsylvania Supreme Court have denied a petition from their suspended colleague, Justice Joan Orie Melvin, to have the entire Allegheny County Court of Common Pleas bench recuse itself from the criminal case against her.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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2012年7月17日星期二
Judge Tosses Class Action Against Johnson & Johnson Over Recall
A federal judge has dismissed the second amended complaint filed by a nationwide class that had claimed it suffered economic damages from the recall of medicine, including Tylenol, manufactured in a now-closed Fort Washington, Pa., plant operated by a subsidiary of Johnson & Johnson.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Omaha lawyer named to Nebraska Appeals Court
LINCOLN, Neb. (AP) - A 48-year-old Omaha lawyer has been selected for the 3rd Judicial District seat on the Nebraska Court of Appeals bench, the office of Gov. Dave Heineman said Tuesday.
TheLegalIntelligencer.com
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Ky Court: landlords could be liable for dog bites
NEWPORT, Ky. (AP) - An opinion by the Kentucky Supreme Court says landlords can be liable if their tenants' dogs bite people.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Lawsuit: Cicero Cop Shot Unarmed Man in Back, Let Him Die
Another day, another police brutality and excessive force lawsuit, right? According to official reports and the Chicago Tribune, the shooting on July 6 in Cicero was simply a case of a cop shooting a gangster that pulled out his piece first. The article didn't even name the deceased.
According to the lawsuit filed last week, it was far more complicated than that. The complaint alleges that the deceased, Cesar Munive, was riding his bike when the police rolled up at high speed. One of the officers, Officer Dominick Schullo, pulled out his weapon and fired a bullet into Munive's back. The victim was then handcuffed and denied medical treatment during his last moments. He was unarmed.
The complaint also alleges an extensive cover-up attempt: A weapon was found a block away, then another gun was planted on the victim. Witnesses have allegedly been intimidated in person, via the phone, and at the victim's funeral. According to Berwyn Life, a police chopper even circled above the funeral, perhaps as a message of intimidation and display of power.
As for the Cicero Police Department, according to the complaint, they've stood by and watched as similar conduct has repeatedly occurred. The complaint argues that the police department should be liable, as the lack of repercussions creates a culture of permissiveness towards excessive force and police brutality.
The law underlying the claims is of the standard Section 1983 variety that we see so often in police brutality suits. Section 1983 is a federal law that allows victims to recover when their constitutional rights are violated "under the color of law", meaning the depriver was acting under their authority as a police officer or state official.
The complaint also alleges standard battery tort claims and a respondeat superior claim to tie it back to the employer. Battery is simply unwanted harmful or offensive contact. Respondeat superior is a theory that holds employers liable for the actions of their employees while those employees are on duty.
In the present case, which was filed by the victim's father on his behalf, the point of the redundant actions is to ensure that both the officer and the police department are liable. This is important because the department likely has deeper pockets than a street-level officer.
If the officer cannot afford to pay the damages, it falls upon his employer as well, especially since the shooting happened in the line of duty. Had the officer been off-duty and carrying a personal firearm, the department would be far less likely to be on the hook.
Much will be made of Cesar Munive's alleged gang affiliations and criminal record. The Berwyn Life reports that he has a record of battery convictions and misdemeanor sexual abuse. Nonetheless, that still doesn't justify, and is not relevant to, the alleged bullet in the back. The official investigation by the Illinois State Police is still pending.
Related Resources:
Consult a Chicago Personal Injury Attorney (FindLaw)
Vicious Police Abuses Alleged in Cicero (Courthouse News Service)
Police Misconduct and Civil Rights (FindLaw's Learn About the Law)
Did Harvey Police Officer Use Excessive Force, Cause Miscarriage? (FindLaw's Chicago Personal Injury Law Blog)
The Chicago Personal Injury Law Blog
View this post on my blog: http://onlinefindlawyers.com/find-lawyers/lawsuit-cicero-cop-shot-unarmed-man-in-back-let-him-die.html
According to the lawsuit filed last week, it was far more complicated than that. The complaint alleges that the deceased, Cesar Munive, was riding his bike when the police rolled up at high speed. One of the officers, Officer Dominick Schullo, pulled out his weapon and fired a bullet into Munive's back. The victim was then handcuffed and denied medical treatment during his last moments. He was unarmed.
The complaint also alleges an extensive cover-up attempt: A weapon was found a block away, then another gun was planted on the victim. Witnesses have allegedly been intimidated in person, via the phone, and at the victim's funeral. According to Berwyn Life, a police chopper even circled above the funeral, perhaps as a message of intimidation and display of power.
As for the Cicero Police Department, according to the complaint, they've stood by and watched as similar conduct has repeatedly occurred. The complaint argues that the police department should be liable, as the lack of repercussions creates a culture of permissiveness towards excessive force and police brutality.
The law underlying the claims is of the standard Section 1983 variety that we see so often in police brutality suits. Section 1983 is a federal law that allows victims to recover when their constitutional rights are violated "under the color of law", meaning the depriver was acting under their authority as a police officer or state official.
The complaint also alleges standard battery tort claims and a respondeat superior claim to tie it back to the employer. Battery is simply unwanted harmful or offensive contact. Respondeat superior is a theory that holds employers liable for the actions of their employees while those employees are on duty.
In the present case, which was filed by the victim's father on his behalf, the point of the redundant actions is to ensure that both the officer and the police department are liable. This is important because the department likely has deeper pockets than a street-level officer.
If the officer cannot afford to pay the damages, it falls upon his employer as well, especially since the shooting happened in the line of duty. Had the officer been off-duty and carrying a personal firearm, the department would be far less likely to be on the hook.
Much will be made of Cesar Munive's alleged gang affiliations and criminal record. The Berwyn Life reports that he has a record of battery convictions and misdemeanor sexual abuse. Nonetheless, that still doesn't justify, and is not relevant to, the alleged bullet in the back. The official investigation by the Illinois State Police is still pending.
Related Resources:
Consult a Chicago Personal Injury Attorney (FindLaw)
Vicious Police Abuses Alleged in Cicero (Courthouse News Service)
Police Misconduct and Civil Rights (FindLaw's Learn About the Law)
Did Harvey Police Officer Use Excessive Force, Cause Miscarriage? (FindLaw's Chicago Personal Injury Law Blog)
The Chicago Personal Injury Law Blog
View this post on my blog: http://onlinefindlawyers.com/find-lawyers/lawsuit-cicero-cop-shot-unarmed-man-in-back-let-him-die.html
Court Says Nasdaq Can't Sue to Collect Disciplinary Fines
The state Superior Court has ruled that Nasdaq OMX PHLX Inc. — formerly the Philadelphia Stock Exchange — has no authority to file suit against one of its members in an attempt to collect disciplinary fines imposed under the federal Securities Exchange Act of 1934.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Date set to hear motions for 2 ex-PSU officials
HARRISBURG, Pa. (AP) - A judge has set an Aug. 16 court date to hear oral arguments on pretrial motions in the case of two former Penn State officials charged with perjury and failing to report suspected child sexual abuse, Dauphin County Court officials said Tuesday.
TheLegalIntelligencer.com
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Judge Denies Doctor New Trial in Case of Test Question Theft
Dr. Sarah Von Muller is still on the hook to pay $ 91,114 to the American Board of Internal Medicine after she stole more than 50 questions from its gastroenterology certification exam, a federal judge has ruled.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Judge Denies Doctor New Trial in Case of Test Question Theft
Dr. Sarah Von Muller is still on the hook to pay $ 91,114 to the American Board of Internal Medicine after she stole more than 50 questions from its gastroenterology certification exam, a federal judge has ruled.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Cyberlaw: Cross Motions for Facebook Discovery Denied in Auto Case
An Allegheny County judge has denied cross-motions from parties seeking to discover information on the Facebook profiles of the two people involved in a fatal automobile collision, ruling that the plaintiff's request did not argue how the information would be relevant to a punitive damages claim, and that the defense motion relied on Facebook fodder that was not inconsistent with the plaintiff's claims.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Tucker Arensberg Defeats Legal Malpractice Claim
Pittsburgh-based Tucker Arensberg has successfully defeated a legal malpractice claim by the former owner of a seed research and marketing company who claimed the firm had advised him that he could sell his shares in the company and begin competing using a similar name.
TheLegalIntelligencer.com
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2012年7月16日星期一
Family Law: Lackawanna Co. Outspends Others on Guardian Ad Litem Services
Lackawanna County's full-time guardian ad litem, Danielle M. Ross, made about $ 111,000 per year, nearly $ 72,000 of which was paid by the county, between 2009 and 2011, according to a recent report by the Administrative Office of Pennsylvania Courts.
TheLegalIntelligencer.com
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Paterno family denies Louis Freeh report findings
STATE COLLEGE, Pa. (AP) - Joe Paterno's family strongly denies the findings of a special investigator who described the late coach as one of four high-ranking Penn State officials who covered up child sex abuse allegations against former assistant Jerry Sandusky.
TheLegalIntelligencer.com
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Third Circuit Takes Skeptical View of Reverse-Payment Settlements
In a case of first impression, the U.S. Court of Appeals for the Third Circuit has deemed reverse-payment settlements in pharmaceutical patent cases prima facie evidence of unreasonable restraint on trade.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Judge Denies Doctor New Trial in Case of Test Question Theft
Dr. Sarah Von Muller is still on the hook to pay $ 91,114 to the American Board of Internal Medicine after she stole more than 50 questions from its gastroenterology certification exam, a federal judge has ruled.
TheLegalIntelligencer.com
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Fresh Ink: Inside Today's Legal - July 16
Can't find a paper, but want a sneak peek at the stories inside The Legal this morning? Consider this your personal delivery service.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Litigation: The Tar Heel State Steps Up Its Fight Against Fraud — Part I
Since the passage of the North Carolina False Claims Act in 2009, which became effective Jan. 1, 2010, North Carolinians have had a powerful weapon to combat fraud against their tax dollars and to return these funds to the state coffers. At the time it was passed, North Carolina joined 25 other states and the District of Columbia by enacting its own False Claims Act.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Litigation: The Tar Heel State Steps Up Its Fight Against Fraud — Part I
Since the passage of the North Carolina False Claims Act in 2009, which became effective Jan. 1, 2010, North Carolinians have had a powerful weapon to combat fraud against their tax dollars and to return these funds to the state coffers. At the time it was passed, North Carolina joined 25 other states and the District of Columbia by enacting its own False Claims Act.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Litigation: The Tar Heel State Steps Up Its Fight Against Fraud — Part I
Since the passage of the North Carolina False Claims Act in 2009, which became effective Jan. 1, 2010, North Carolinians have had a powerful weapon to combat fraud against their tax dollars and to return these funds to the state coffers. At the time it was passed, North Carolina joined 25 other states and the District of Columbia by enacting its own False Claims Act.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Litigation: The Tar Heel State Steps Up Its Fight Against Fraud — Part I
Since the passage of the North Carolina False Claims Act in 2009, which became effective Jan. 1, 2010, North Carolinians have had a powerful weapon to combat fraud against their tax dollars and to return these funds to the state coffers. At the time it was passed, North Carolina joined 25 other states and the District of Columbia by enacting its own False Claims Act.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Litigation: The Tar Heel State Steps Up Its Fight Against Fraud — Part I
Since the passage of the North Carolina False Claims Act in 2009, which became effective Jan. 1, 2010, North Carolinians have had a powerful weapon to combat fraud against their tax dollars and to return these funds to the state coffers. At the time it was passed, North Carolina joined 25 other states and the District of Columbia by enacting its own False Claims Act.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Family Law: Until Death Do Us Part ... and Then What?
Most of us hope when we walk down the aisle with our partner it will be for life. However, in those instances when marriage ends in divorce, our hope changes to a desire to end the marriage and sever all ties.
TheLegalIntelligencer.com
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Commentary: Too Big to Succeed? Most Large Firms Today Are Overlawyered
What do we talk about when we talk about "BigLaw"? Let's be honest: We're not actually discussing specific law firms at all. We're really talking about an idea, a model, an approach to the market. "BigLaw" is shorthand for a particular type of law firm, one that employs hundreds of lawyers charging exceptionally high fees to deliver a wide range of standard commercial and dispute resolution services to corporate and institutional clients.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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2012年7月15日星期日
Eastern District Practice: Do's and Don'ts of Proposed Findings and Conclusions
In a great many cases, especially where the court sits as a finder of fact, courts may request proposed findings and conclusions from the parties, or the parties themselves may request the court to receive their proposed findings and conclusions. In all these circumstances, it is good advocacy to submit them in the best form. Proposed findings in a nonjury trial should be submitted pursuant to Local Civil Rule 16.1.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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GC Mid-Atlantic: Attorney-Client Privilege Within the Client Organization, Part III
This series of articles has explored the application of the attorney-client privilege within the client organization, using the context of an internal investigation as a point of reference.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Employment Law: Use of Dated Bases for Termination Upheld in Age Bias Case
When counseling employers about the risks of terminating an employee, the adage "use it or lose it" often comes to mind.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Young Lawyer: Career Advice Directed at Women Can Be Dismaying
Observing the Rajat Gupta trial was a different learning experience than a jobless 2L had planned: Marshals removed her from the courtroom after she sent the judge three unsolicited memos opining on his evidentiary rulings.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Appellate Law: The 3rd Circuit's Supreme Court Report Card for the 2011-12 Term
The U.S. Supreme Court, in its just-completed term, issued a total of 65 signed opinions in argued cases and 10 summary reversals without oral argument.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Legal Marketing: More on My Evening With Multimillion-Dollar Rainmakers
In my last article, I shared some observations and tips that I garnered from meeting with a handful of rainmakers who each had $ 5 million to more than $ 20 million in business annually.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Environmental Law: 3rd Circuit OKs Project to Deepen the Delaware River
On a hot summer weekend, Philadelphians rush across the Ben Franklin and Walt Whitman bridges to the Jersey Shore while paying scant attention to the water flowing below them.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Law Technology News: Content, Format Decisions Squeeze Law Library Budgets
The virtual library has come and gone,
the app library has arrived. No matter
what kind of tablet computer you use,
you need to access key applications.
TheLegalIntelligencer.com
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the app library has arrived. No matter
what kind of tablet computer you use,
you need to access key applications.
TheLegalIntelligencer.com
View this post on my blog: http://onlinefindlawyers.com/find-lawyers/law-technology-news-content-format-decisions-squeeze-law-library-budgets.html
2012年7月14日星期六
Antitrust Law: The Antitrust Legacy of Judge Louis Pollak
Judge Louis Pollak wore many hats and robes over the 89 years of his life, all with marked distinction. He excelled as an appellate advocate, a law school professor, and a dean of two prestigious law schools. Yet, his greatest professional legacy, the role in which his talents and temperament were on utmost display, is his tenure as a federal judge.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Fresh Ink: Inside Today's Legal and Pa. Law Weekly - July 10
Can't find a paper, but want a sneak peek at the stories inside The Legal this morning? Consider this your personal delivery service.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Constitutional Claims of PHA Official Tossed by Third Circuit
Within 10 days of hearing arguments, a three-judge panel for the U.S. Court of Appeals for the Third Circuit has thrown out claims made by a former executive assistant at the Philadelphia Housing Authority that he had been retaliated against for constitutionally protected speech.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Freeh Report Set to be Released Thursday
The findings of a team hired by Penn State to investigate university officials? response to sexual-abuse allegations against former assistant football coach Jerry Sandusky will be released on Thursday, the leader of the investigation announced Tuesday.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Governance Lapses At PSU Highlighted In Internal Inquiry
Where did governance at Penn State go wrong? As top university officials concealed information about child abuse committed by Jerry Sandusky, the Board of Trustees failed on many levels, according to a report released Thursday.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Settlements to Surface After Freeh Report, Attorneys Predict
Penn State's board of trustees admitted July 12 it "failed" in its oversight obligations regarding the Sandusky scandal. Louis B. Freeh, the former FBI director and judge hired to investigate the university's handling of former assistant football coach Jerry Sandusky, placed the bulk of the blame on the board and directly on four of the university's top leaders who he said "concealed" facts to avoid bad publicity.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Social Media Done Right: Many Firms Slow to the Plate
In a conversation among various legal marketers, we discussed whether or not any law firms are "hitting the proverbial social media ball out of the park."
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Hold Placed on Most Appeals From N.J. Red-Light Camera Tickets
The New Jersey judiciary has administratively stayed adjudication of appeals from red-light camera tickets across the state until the technology is found to be up to statutory snuff.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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2012年7月13日星期五
Wells Fargo Agrees to Pay $175 Mil. to Settle DOJ Charges
Wells Fargo Bank agreed to pay at least $ 175 million to settle Justice Department charges that it discriminated against more than 34,000 qualified African-American and Hispanic mortgage applicants, steering them into subprime loans or charging them higher fees.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Starting Salaries in Law Firms Continue Slide
The erosion of new associate hiring at law firms has resulted in a dramatic three-year decline in starting salaries for recent law graduates.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Contractor in Soldier's Electrocution Is Off the Hook, Federal Judge Rules
Because the military made decisions regarding the faulty electrical systems in the housing for soldiers in Iraq, a federal judge ruled that the court cannot delve into the claims of negligence lodged against the contractor, Kellogg Brown & Root, that maintained the systems.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Court Raises Evidentiary Standard for ChildLine Registry Reports
A split en banc Commonwealth Court raised the evidentiary standard for the state Department of Public Welfare to maintain information from certain child-abuse reports on its ChildLine and Abuse Registry.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Penn Law to Offer Fellowship Focused On Human Rights
The University of Pennsylvania Law School is launching a human rights-focused fellowship program.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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The news media won’t tell you this, despite top source
"It can now be reported that many of the wildfires in the western United States have been started by highly trained and well equipped foreign terrorists," says an e-message that is making the rounds. It can now also be reported, by me, that so many gullible people pass me this sort of spam and seem to at least half believe it. This time, the terrorist warning has a few clues that even the more gullible might question.… Read More »
Tom Lyons: The Blog
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Tom Lyons: The Blog
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Former Dewey Partners Asked to Pay $103.6 Mil.
The leadership team overseeing the bankrupt remnants of Dewey & LeBoeuf laid out a proposed settlement plan to former firm partners Wednesday under which those partners are being asked to pay the Chapter 11 estate between $ 25,000 and $ 3 million each for a combined total of $ 103.6 million.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Jane Dalton Receives Sandra Day O'Connor Award
When Jane Dalton became a summer associate at Duane Morris in 1970, she was seven months pregnant and there were no other women lawyers in the firm.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Whistleblower Claims Allege Billions in Medicare Part D Fraud
A lawsuit alleging fraud from one of the largest private contractors for the Medicare Part D prescription drug plan, the centerpiece of President George W. Bush's overhaul of the Medicare system during his first term, could change the oversight of the multibillion-dollar program.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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2012年7月12日星期四
Former University GC Baldwin's Role in Inquiry Outlined
According to an investigative report, Penn State trustees said they felt former president Graham Spanier and former general counsel Cynthia Baldwin downplayed the seriousness of the grand jury investigating allegations that former assistant football coach Jerry Sandusky sexually assaulted boys on the university's campus.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Former Pa. special ed prof faces more porn counts
GREENSBURG, Pa. (AP) - A former western Pennsylvania university professor who specialized in special education faces additional federal child pornography charges.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Is Berwyn Cat Hoarder Home a Liability?
Many of us are of the mind that cats are filthy creatures. These odiferous filthy felines, in addition to offending your olfactory senses, can carry a litany of zoonotic diseases, including bacterial infections, fleas, ringworm, and rabies. We won’t even mention cat scratch fever.
Okay, so they’re not all bad. Cats are adorable, loving companions. However, when they are not treated properly by their owners, and not kept clean, they can present a danger to those susceptible to disease and infection. This is especially true for those owners who think bathing a cat is a bad idea.
It’s hard to keep your cats clean when you have more than 40 feline friends. A local Berwyn family had their house declared uninhabitable after officials responded to complaints about the smells coming from the home, reports the Chicago Tribune. Inside the home, officials found more than 40 cats and 3 dogs. On a second visit, they removed another 20 cats.
The copious cats could be a danger to the house’s occupants, including the married couple and their 14-year-old child. For example, recent studies have shown that cat ladies are far more likely to commit suicide. It’s not just loneliness either. There’s actually a bacteria in cat feces that leads to mental illness that makes violent suicide far more likely.
In addition to being a danger to the occupants, such a large herd of possible carriers could pose a danger to the neighbors as well. Those zoonotic diseases we mentioned earlier are far more likely to spread between the cats themselves, and the neighboring families and pets, when the cats are kept in such crowded quarters.
Should a neighbor, or a neighbor’s pet, catch a disease from the dirty dozens, the family’s negligence could cost them dearly. A person’s conduct is judged by the standard of the reasonable person. A reasonable person probably would not have more than 40 or 50 cats, nor would he live in a home that was so stained with urine and feces that it has been declared uninhabitable.
Such a living arrangement is simply a cat-astrophe waiting to happen.
Related Resources:
Consult a Chicago Personal Injury Attorney (FindLaw)
22 More Cats Caught in Berwyn Home (NBC Chicago)
Accused Cat Hoarder Made ‘Feline Stew’ with Dead Pets (FindLaw’s Phoenix Criminal Law News)
What about liability concerning my pets? (FindLaw’s Learn About the Law)
The Chicago Personal Injury Law Blog
View this post on my blog: http://onlinefindlawyers.com/find-lawyers/is-berwyn-cat-hoarder-home-a-liability-2.html
Okay, so they’re not all bad. Cats are adorable, loving companions. However, when they are not treated properly by their owners, and not kept clean, they can present a danger to those susceptible to disease and infection. This is especially true for those owners who think bathing a cat is a bad idea.
It’s hard to keep your cats clean when you have more than 40 feline friends. A local Berwyn family had their house declared uninhabitable after officials responded to complaints about the smells coming from the home, reports the Chicago Tribune. Inside the home, officials found more than 40 cats and 3 dogs. On a second visit, they removed another 20 cats.
The copious cats could be a danger to the house’s occupants, including the married couple and their 14-year-old child. For example, recent studies have shown that cat ladies are far more likely to commit suicide. It’s not just loneliness either. There’s actually a bacteria in cat feces that leads to mental illness that makes violent suicide far more likely.
In addition to being a danger to the occupants, such a large herd of possible carriers could pose a danger to the neighbors as well. Those zoonotic diseases we mentioned earlier are far more likely to spread between the cats themselves, and the neighboring families and pets, when the cats are kept in such crowded quarters.
Should a neighbor, or a neighbor’s pet, catch a disease from the dirty dozens, the family’s negligence could cost them dearly. A person’s conduct is judged by the standard of the reasonable person. A reasonable person probably would not have more than 40 or 50 cats, nor would he live in a home that was so stained with urine and feces that it has been declared uninhabitable.
Such a living arrangement is simply a cat-astrophe waiting to happen.
Related Resources:
Consult a Chicago Personal Injury Attorney (FindLaw)
22 More Cats Caught in Berwyn Home (NBC Chicago)
Accused Cat Hoarder Made ‘Feline Stew’ with Dead Pets (FindLaw’s Phoenix Criminal Law News)
What about liability concerning my pets? (FindLaw’s Learn About the Law)
The Chicago Personal Injury Law Blog
View this post on my blog: http://onlinefindlawyers.com/find-lawyers/is-berwyn-cat-hoarder-home-a-liability-2.html
Is Berwyn Cat Hoarder Home a Liability?
Many of us are of the mind that cats are filthy creatures. These odiferous filthy felines, in addition to offending your olfactory senses, can carry a litany of zoonotic diseases, including bacterial infections, fleas, ringworm, and rabies. We won’t even mention cat scratch fever.
Okay, so they’re not all bad. Cats are adorable, loving companions. However, when they are not treated properly by their owners, and not kept clean, they can present a danger to those susceptible to disease and infection. This is especially true for those owners who think bathing a cat is a bad idea.
It’s hard to keep your cats clean when you have more than 40 feline friends. A local Berwyn family had their house declared uninhabitable after officials responded to complaints about the smells coming from the home, reports the Chicago Tribune. Inside the home, officials found more than 40 cats and 3 dogs. On a second visit, they removed another 20 cats.
The copious cats could be a danger to the house’s occupants, including the married couple and their 14-year-old child. For example, recent studies have shown that cat ladies are far more likely to commit suicide. It’s not just loneliness either. There’s actually a bacteria in cat feces that leads to mental illness that makes violent suicide far more likely.
In addition to being a danger to the occupants, such a large herd of possible carriers could pose a danger to the neighbors as well. Those zoonotic diseases we mentioned earlier are far more likely to spread between the cats themselves, and the neighboring families and pets, when the cats are kept in such crowded quarters.
Should a neighbor, or a neighbor’s pet, catch a disease from the dirty dozens, the family’s negligence could cost them dearly. A person’s conduct is judged by the standard of the reasonable person. A reasonable person probably would not have more than 40 or 50 cats, nor would he live in a home that was so stained with urine and feces that it has been declared uninhabitable.
Such a living arrangement is simply a cat-astrophe waiting to happen.
Related Resources:
Consult a Chicago Personal Injury Attorney (FindLaw)
22 More Cats Caught in Berwyn Home (NBC Chicago)
Accused Cat Hoarder Made ‘Feline Stew’ with Dead Pets (FindLaw’s Phoenix Criminal Law News)
What about liability concerning my pets? (FindLaw’s Learn About the Law)
The Chicago Personal Injury Law Blog
View this post on my blog: http://onlinefindlawyers.com/find-lawyers/is-berwyn-cat-hoarder-home-a-liability.html
Okay, so they’re not all bad. Cats are adorable, loving companions. However, when they are not treated properly by their owners, and not kept clean, they can present a danger to those susceptible to disease and infection. This is especially true for those owners who think bathing a cat is a bad idea.
It’s hard to keep your cats clean when you have more than 40 feline friends. A local Berwyn family had their house declared uninhabitable after officials responded to complaints about the smells coming from the home, reports the Chicago Tribune. Inside the home, officials found more than 40 cats and 3 dogs. On a second visit, they removed another 20 cats.
The copious cats could be a danger to the house’s occupants, including the married couple and their 14-year-old child. For example, recent studies have shown that cat ladies are far more likely to commit suicide. It’s not just loneliness either. There’s actually a bacteria in cat feces that leads to mental illness that makes violent suicide far more likely.
In addition to being a danger to the occupants, such a large herd of possible carriers could pose a danger to the neighbors as well. Those zoonotic diseases we mentioned earlier are far more likely to spread between the cats themselves, and the neighboring families and pets, when the cats are kept in such crowded quarters.
Should a neighbor, or a neighbor’s pet, catch a disease from the dirty dozens, the family’s negligence could cost them dearly. A person’s conduct is judged by the standard of the reasonable person. A reasonable person probably would not have more than 40 or 50 cats, nor would he live in a home that was so stained with urine and feces that it has been declared uninhabitable.
Such a living arrangement is simply a cat-astrophe waiting to happen.
Related Resources:
Consult a Chicago Personal Injury Attorney (FindLaw)
22 More Cats Caught in Berwyn Home (NBC Chicago)
Accused Cat Hoarder Made ‘Feline Stew’ with Dead Pets (FindLaw’s Phoenix Criminal Law News)
What about liability concerning my pets? (FindLaw’s Learn About the Law)
The Chicago Personal Injury Law Blog
View this post on my blog: http://onlinefindlawyers.com/find-lawyers/is-berwyn-cat-hoarder-home-a-liability.html
Gas industry contributions to Pa. politicians down
PITTSBURGH (AP) - The gas drilling industry gave less money to Pennsylvania politicians in 2011, but spent more on lobbyists.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Freeh Report: Paterno, Top Admins Concealed Sandusky Allegations in 1998
Former Penn State head football coach Joe Paterno, along with three of the university's top administrators, knew about abuse allegations against the football program's longtime defensive coordinator, Jerry Sandusky, as far back as 1998, a Penn State internal investigation has found.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Yale Law Launches Ph.D. Program to Train Aspiring Professors
Interested in becoming a law professor? Yale Law School has a program for you.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Freeh Report Released on Sandusky Scandal
Former FBI Director Louis Freeh has released his report on the Jerry Sandusky child abuse scandal enveloping Penn State University. Click here to view the report.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Davis Polk Tapped By Comcast for Sale of A&E Stake
Comcast's NBC Universal unit announced Tuesday the $ 3.03 billion cash sale of its 15.8 percent stake in A&E Television Networks to joint venture partners Walt Disney Co. and Hearst Corp.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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NYC Requirement for Anti-Smoking Ads Rejected
A federal law on cigarette advertising pre-empts a New York City regulation requiring merchants to display in their stores gruesome pictures of lung disease, brain damage and decaying teeth, the U.S. Court of Appeals for the Second Circuit ruled Tuesday.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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2012年7月11日星期三
Ex-Del. Chancery Court Chancellor's Influence Seen in Glasscock's Opinions
Sam Glasscock's corporate governance judicial philosophy still remains a mystery to many even after the completion of his first year as a Delaware Court of Chancery vice chancellor.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Justices Take Up Attorney-Client Privilege for Pa. Agencies
Picking up where Pennsylvania Chief Justice Ronald D. Castille left off in a dissenting opinion last year, the state Supreme Court has agreed to hear a case dealing with whether the Pennsylvania Turnpike Commission, currently under investigation by a grand jury, is entitled to attorney-client privilege as a state agency.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Superior Court Finds 'Waiver Trap' in Orphans' Court Case
The state Superior Court appears to have set out a new rule requiring that litigants in Orphans' Court appeals have to file exceptions in order to preserve an appeal about the weight of the evidence.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Pa. questioned by feds over drop in Medicaid rolls
HARRISBURG, Pa. (AP) - The federal government is asking why Pennsylvania's Medicaid rolls dropped over the past year, and is suggesting that some people might have been improperly kicked off.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Fresh Ink: Inside Today's Legal - July 11
Can't find a paper, but want a sneak peek at the stories inside The Legal this morning? Consider this your personal delivery service.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Tom Cruise Hires Blank Rome to Help With Divorce Case
Facing one of Hollywood's most high-profile divorce cases in recent years, Tom Cruise has turned to lawyers from Blank Rome — a firm with one of the top matrimonial practices among The Am Law 100 — to help negotiate a quick end to his nearly six-year marriage to actress Katie Holmes.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Ex-Football Players, EA to Face Ninth Circuit
When football legend Jim Brown sued Electronic Arts Inc. in 2009 for using his likeness in its video games, EA argued that its games are expressive activity protected by the First Amendment.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Paul Anapol, Plaintiffs Lawyer Who Sought Perfection, Dies
Paul Anapol, one of the founders of plaintiffs law firm Anapol Schwartz, was known for the standard of perfection he demanded in his work product on behalf of injured clients.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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2012年7月10日星期二
Judge Finds Lundy Law Breached Referral Fee Agreement in HRT Case
A Philadelphia judge has found the Lundy Law firm breached its contract with a referring attorney over a referral fee, but her order has left unresolved how the referral fee will be awarded given several firms won the damages and only one signed the referral fee agreement.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Third Circuit Tosses Township's Claims Against Airport Expansion
The expansion of Philadelphia's airport shed one legal impediment when the U.S. Court of Appeals for the Third Circuit on Friday tossed the claims made by Tinicum Township, which neighbors the airport.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Buona Vita Meat Recalled for Listeria Threat
New Jersey-based Buona Vita Inc. recalled over 300,000 pounds of frozen, ready-to-eat meat and poultry products produced in May, reports Reuters. The recalled meat-based products included meatballs, chicken and beef patties, and loafs of chicken and beef.
The health risk has been rated as "high", so you'll want to make sure none of the infected meat is in your home.
The U.S. Department of Agriculture's Food Safety Inspection Service, or FSIS, discovered the possible contamination through testing. The bacteria in question, Listeria, made news last year when more than 30 people died from listeria-ridden cantaloupe from Colorado.
Listeria thrives in low temperatures and the associated illness, listeriosis, has a long incubation period that can last months before symptoms appear in a person that has consumed tainted foods. According to the Centers for Disease Control, symptoms include gastrointestinal side effects, fever and muscle aches, and flu-like symptoms. Rarely, death can result. Older adults, pregnant women, newborns, and adults with weakened immune systems are especially vulnerable.
Buona Vita could have a serious problem on their hands, if the outbreak reaches the levels of last year's cantalope catastrophe. Such an outbreak would almost certainly lead to lawsuits and intense inspections of their facilities and meat production processes.
Even if everything checks out, the theory of res ipsa loquitor could still mean a judgment for hypothetically sick people. The theory means that the negligence is self-evident from the facts and the injuries could not have happened absent negligence.
In short, the argument is that listeria doesn't just pop up in meat. It happens when someone, somewhere, does not follow proper preparation, handling, or storage techniques. Let's hope, for the sake of the consumers and the meat producers, that the outbreak is minimal.
Related Resources:
Consult a Chicago Personal Injury Attorney (FindLaw)
Baby Dies After Taking Contaminated Tylenol; Parents Sue (FindLaw's Chicago Personal Injury Law Blog)
Types of Food Poisoning: Listeria / Listeriosis (FindLaw's Learn About the Law)
Listeria in Cantaloupe: Lawsuit to be Filed (FindLaw's Injured Blog)
The Chicago Personal Injury Law Blog
View this post on my blog: http://onlinefindlawyers.com/find-lawyers/buona-vita-meat-recalled-for-listeria-threat.html
The health risk has been rated as "high", so you'll want to make sure none of the infected meat is in your home.
The U.S. Department of Agriculture's Food Safety Inspection Service, or FSIS, discovered the possible contamination through testing. The bacteria in question, Listeria, made news last year when more than 30 people died from listeria-ridden cantaloupe from Colorado.
Listeria thrives in low temperatures and the associated illness, listeriosis, has a long incubation period that can last months before symptoms appear in a person that has consumed tainted foods. According to the Centers for Disease Control, symptoms include gastrointestinal side effects, fever and muscle aches, and flu-like symptoms. Rarely, death can result. Older adults, pregnant women, newborns, and adults with weakened immune systems are especially vulnerable.
Buona Vita could have a serious problem on their hands, if the outbreak reaches the levels of last year's cantalope catastrophe. Such an outbreak would almost certainly lead to lawsuits and intense inspections of their facilities and meat production processes.
Even if everything checks out, the theory of res ipsa loquitor could still mean a judgment for hypothetically sick people. The theory means that the negligence is self-evident from the facts and the injuries could not have happened absent negligence.
In short, the argument is that listeria doesn't just pop up in meat. It happens when someone, somewhere, does not follow proper preparation, handling, or storage techniques. Let's hope, for the sake of the consumers and the meat producers, that the outbreak is minimal.
Related Resources:
Consult a Chicago Personal Injury Attorney (FindLaw)
Baby Dies After Taking Contaminated Tylenol; Parents Sue (FindLaw's Chicago Personal Injury Law Blog)
Types of Food Poisoning: Listeria / Listeriosis (FindLaw's Learn About the Law)
Listeria in Cantaloupe: Lawsuit to be Filed (FindLaw's Injured Blog)
The Chicago Personal Injury Law Blog
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Calif. Supreme Court favors death row inmate
SAN FRANCISCO (AP) - The California Supreme Court says a death row inmate sentenced to die for a Bakersfield killing should get a competency evaluation or a new trial.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Ky. Firm Opens in Western Pa. With Oil, Gas Focus
One of Kentucky's largest firms, Stoll Keenon Ogden, has opened an office in Western Pennsylvania with three of its existing lawyers who focus their practices on real estate due diligence and title examinations for oil and gas producers.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Wisconsin federal judge dismisses Sandusky lawsuit
MADISON, Wis. (AP) ? A federal lawsuit filed by a man alleging that former Penn State football coach Jerry Sandusky sexually abused him during a Wisconsin Badgers home football game in 2002 has been dismissed by a judge who called the allegations frivolous and malicious.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Criminal Practice: Prison Reform Bill Brings Change to Criminal Law
The latest attempt in Harrisburg to reduce the state prison population by changing criminal law is being welcomed by judges and other people involved in the criminal justice system.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Lawyers, Litigants Take Issue With Guardian Ad Litem Report
A report from the Administrative Office of Pennsylvania Courts said it found "no evidence" that the Lackawanna County guardian ad litem had been billing hundreds of thousands of dollars to litigants and that she "rarely" sent parties bills beyond a $ 300 retainer fee to each party that automatically comes with a guardian appointment.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Criminal Practice: Justices Grant Review in Tender Years Act Sex-Abuse Case
The state Supreme Court has agreed to hear a case over whether a young girl's out-of-court statements under the Tender Years Act were properly admitted in her father's child rape case when the girl had previously been determined incompetent to testify.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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2012年7月9日星期一
Pa. Am Law 200 Firms Show Varying 10-Year Results
In 2002, Am Law 200 firms in Pennsylvania were slowly starting to creep out of the 2001 dot-com recession, thinking again about how they would grow revenue and profits. Ten years and another recession later, those firms were certainly successful at reaching all-time financial highs, but some hit their peaks a few years ago and the gap between the rich and not-as-rich has widened.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Criminal Practice: Supreme Court Strikes Mandatory Life Sentences for Juveniles
The U.S. Supreme Court ruled that a mandatory sentence of life in prison without the possibility of parole imposed upon a juvenile violates the Eighth Amendment ban against "cruel and unusual punishment."
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Ethics: Questions and Answers on Professional Liability
I am a young lawyer and I have heard the term "black robe disease." What does that mean?
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Superior Court Preparing to Post Filings in High-Profile Cases
The public and members of the media will soon be able to access court filings and dispositions of "cases of important public interest" that go before the state Superior Court, the Administrative Office of Pennsylvania Courts announced today.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Fresh Ink: Inside Today's Legal - July 9
Can't find a paper, but want a sneak peek at the stories inside The Legal this morning? Consider this your personal delivery service.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Litigation: The Tar Heel State Steps Up Its Fight Against Fraud — Part II
North Carolina's False Claims Act has a more stringent "first-to-file" provision than its federal counterpart. The federal False Claims Act's first-to-file provision is intended to prevent potential relators from filing parasitic suits based on the same allegations that underlie an already pending qui tam suit.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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GC Mid-Atlantic: Predicting the Future of Predictive Coding
A decade ago, document review meant a small militia of lawyers sitting in a windowless warehouse surrounded by bankers' boxes full of paper documents.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Commentary: Ruling on Testamentary Capacity Is Cause for Review of Attorneys' Practices
The Bucks County Orphans' Court recently required the Register of Wills to admit for probate the will of an individual who had been adjudicated partially incapacitated prior to the date of the will and who the court itself had determined did not have capacity to execute a will two years prior to his death.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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2012年7月8日星期日
Constitutional Law: Handicapping the Pennsylvania Voter ID Litigation
A number of Pennsylvania residents and several nonprofit organizations have challenged Pennsylvania's newly enacted voter ID law, alleging that its strict photo identification requirement infringes their fundamental right to vote guaranteed by the Pennsylvania Constitution.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Class Certified in Action Over School Truancy Fines
A class representing hundreds of students who are suing the Lebanon School District, alleging that it collected fines above the $ 300 allowed by the state's truancy law, was certified in federal court.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Defendants Appeal Mistrial in Heated Asbestos Case
A Philadelphia judge has declared a mistrial in a hotly contested asbestos case in which plaintiffs' counsel amended a portion of his post-trial motion that originally alleged the verdict sheet in the case was developed because of alleged ex parte contact by the defense lawyers with the leadership of Philadelphia's civil courts. Court leadership strongly denied any contact with the defense.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Ethics: Questions & Answers on Professional Responsibility
I am a lawyer who employs a paralegal who is a suspended attorney. I want to bill the client for the time.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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U.S. Supreme Court: The U.S. Supreme Court's Term, Barbecue-Style
Over the past year, the Supreme Court found itself the subject of an almost obsessive level of public interest. From The Today Show to the Harvard Law Review , the court's machinations were a hot topic. Public curiosity about the court and its decisions is cresting, and the most immediate impact — both in terms of timing and personal effect — is quite prosaic: We lawyers are going to get asked a lot of questions about the Supreme Court at our annual Fourth of July barbecues.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Public Relations: Tips for Holding a Successful Press Conference
We live in a digital age that allows us to work with individuals from around the world.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Workers' Compensation: Pa. Supreme Court Resolves Statutory Inconsistencies in Three Cases
At the beginning of 2012, at least 11 workers' compensation cases were pending before the Supreme Court of Pennsylvania.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Law Technology News: Videoconferencing Maturing as a Courtroom Tool
Videoconferencing technologies have been making their way into courtrooms since the 1990s, reducing costs and improving the efficiencies of a range of judicial processes. The latest generation of these systems adds a new wrinkle ? literally.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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2012年7月7日星期六
Business of Law: Survey Illustrates Trends in Paralegal Careers
After the success of our survey of law firm associates several years ago, in March, Abelson Legal Search surveyed paralegals to assess the job satisfaction, backgrounds and experiences of these important legal professionals. Like the original survey, this one produced meaningful results and inspired thoughtful comments and discussions. Survey highlights include the following:
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Fresh Ink: Inside Today's Legal - July 5
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TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Fresh Ink: Inside Today's Legal - July 5
Can't find a paper, but want a sneak peek at the stories inside The Legal this morning? Consider this your personal delivery service.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Law Technology News: Capitalizing on Wi-Fi in Courtrooms
Most courtrooms weren't designed to route cables between laptops, projectors, and displays, but as courts begin to adopt wireless technology, lawyers have more connectivity options.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Real Estate Disputes Between Church and Parish
Over the last several years, there have been a number of cases involving the Episcopal Church and/or its dioceses and/or its parishes and disputes over ownership of church property. Specifically, as the Episcopal Church as a whole has become more theologically/doctrinally progressive, various parishes and dioceses that espouse a more conservative view have been breaking off from it and, sometimes, attempting to take their real estate with them.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Fla. Gov attempts to remove justices draws rebuke
TALLAHASSEE, Fla. (AP) - Gov. Rick Scott may not be familiar with songwriter Sonny Curtis' 1960's hit "I fought the law and the law won."
TheLegalIntelligencer.com
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Long Island judge censured for poker playing
ALBANY, N.Y. (AP) - A state judicial disciplinary panel censured a Long Island judge Friday for attending illegal poker games at his social club in 2008, including the night after he was re-elected, when police showed up.
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Pa. accused of violating US voter registration law
HARRISBURG, Pa. (AP) - A new lawsuit says Pennsylvania's state government isn't living up to the requirements that public assistance agencies distribute voter registration applications to clients.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Class Action Against HSBC on Overdraft Policy Survives Challenge
A Manhattan Commercial Division judge has allowed to go forward a proposed class action lawsuit against HSBC Bank over the way it handles overdraft fees for retail customers.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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2012年7月6日星期五
$813 Mil. Awarded to Victims of 1983 Terrorist Bombing
A Washington federal judge awarded $ 813 million to victims of the 1983 terrorist bombing at the U.S. Marine barracks in Beirut, the latest in a string of large money judgments awarded against Iran for its role in the attack.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Law Schools Implementing Practical-Skills Courses
The dismal job market for newly minted lawyers has influenced how most law school administrators approach their course offerings, with 76 percent of the institutions surveyed by the American Bar Association reporting that they've modified their curricula to adapt.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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More on the Train Derailment: Act of God?
More details have emerged on yesterday afternoon's train derailment. Workers found a second body in the car that was discovered under the rubble yesterday evening, reports the Chicago Tribune. The deceased, Burton Lindner, 69, and Zorine Lindner, 70, were on their way to dinner when their Lexus was crushed by the collapsing bridge.
The family intends to file a wrongful death lawsuit and a local judge has stopped the cleanup efforts to allow the family's investigators to inspect the scene. So far, however, it is looking more and more like an unforeseeable accident of act of God instead of negligence.
Though the findings so far are only preliminary, the train itself has been ruled out as the cause. It was travelling at 37 mph. The speed limit, due to the extreme heat's effects on the track, was set for 40 mph.
The bridge was also not to blame. An inspection of the embankment, made from compressed landfill, checked out, as did the bridge itself. Apparently, the collapse was caused by the overload that came from the derailment of an entire train loaded with coal. The bridge is designed with withstand the weight of a train as it passes over, but not a full-scale 28 car derailment.
The actual cause seems, at this point, to be a "railroad kink". This is caused by the extreme heat, which makes the metal rails between railroad ties expand. Inspectors had just been out on the tracks, less than two hours before the derailment, inspecting the tracks for signs of abnormalities in track gauge or shifting. They check twice a day during extreme weather.
To summarize, it looks like the cause of the derailment, and the couple's death, was simply the overbearing heat wave. Unless the family's legal team can find evidence of negligence in the track inspection, proving fault in the wrongful death case is going to be very difficult.
Related Resources:
Consult with a Chicago Personal Injury Attorney (FindLaw)
Judge Halts Cleanup at Derailment Site (NBC Chicago)
Amtrak Train Derailment, Chicago to SF Line (FindLaw's Chicago Personal Injury Law Blog)
Victim of 2006 CTA Derailment Awarded Damages (FindLaw's Chicago Personal Injury Law Blog)
The Chicago Personal Injury Law Blog
View this post on my blog: http://onlinefindlawyers.com/find-lawyers/more-on-the-train-derailment-act-of-god.html
The family intends to file a wrongful death lawsuit and a local judge has stopped the cleanup efforts to allow the family's investigators to inspect the scene. So far, however, it is looking more and more like an unforeseeable accident of act of God instead of negligence.
Though the findings so far are only preliminary, the train itself has been ruled out as the cause. It was travelling at 37 mph. The speed limit, due to the extreme heat's effects on the track, was set for 40 mph.
The bridge was also not to blame. An inspection of the embankment, made from compressed landfill, checked out, as did the bridge itself. Apparently, the collapse was caused by the overload that came from the derailment of an entire train loaded with coal. The bridge is designed with withstand the weight of a train as it passes over, but not a full-scale 28 car derailment.
The actual cause seems, at this point, to be a "railroad kink". This is caused by the extreme heat, which makes the metal rails between railroad ties expand. Inspectors had just been out on the tracks, less than two hours before the derailment, inspecting the tracks for signs of abnormalities in track gauge or shifting. They check twice a day during extreme weather.
To summarize, it looks like the cause of the derailment, and the couple's death, was simply the overbearing heat wave. Unless the family's legal team can find evidence of negligence in the track inspection, proving fault in the wrongful death case is going to be very difficult.
Related Resources:
Consult with a Chicago Personal Injury Attorney (FindLaw)
Judge Halts Cleanup at Derailment Site (NBC Chicago)
Amtrak Train Derailment, Chicago to SF Line (FindLaw's Chicago Personal Injury Law Blog)
Victim of 2006 CTA Derailment Awarded Damages (FindLaw's Chicago Personal Injury Law Blog)
The Chicago Personal Injury Law Blog
View this post on my blog: http://onlinefindlawyers.com/find-lawyers/more-on-the-train-derailment-act-of-god.html
Federal Judge Says Restatement (Second) Still the Law in Pa.
Sifting through the conflicting opinions from the state and federal courts, U.S. District Judge John E. Jones III for the Middle District of Pennsylvania has ruled the Restatement (Second) of Torts is still the law in Pennsylvania in products liability cases.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Skinnygirl Margarita Makers Sued Over Alleged False Claims
The manufacturers of Skinnygirl Margarita, a drink conceived by one of the Real Housewives of New York City , are facing a class action suit in New Jersey that alleges the product is falsely claimed to be an all-natural, preservative-free and healthy alternative to other margarita mixes.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Number of Wiretaps Dropped During 2011, Report Finds
Federal and state authorities reported fewer wiretaps during 2011, primarily because they made fewer applications related to narcotics offenses, according to an annual report recently released by the Administrative Office of the U.S. Courts.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Firm Mergers Down in Second Quarter of 2012
While legal consultancies Altman Weil and the Hildebrandt Institute report that mergers involving U.S. law firms were down in the second quarter of 2012 compared to the same period last year, statistics show that the industry saw more tie-ups in the first half of this year than it did during the first six months of 2011.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Little-League Coach's Suit Against CBS Affiliate Dismissed
A Philadelphia television station's minor mistakes in its reporting of an altercation between a Little League coach and a player do not amount to the actual malice needed to support such a defamation claim, a New Jersey appeals court held on Tuesday.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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Report on Lackawanna Guardian Ad Litem Program Issued
The Administrative Office of Pennsylvania Courts issued a report on Thursday making wide-ranging recommendations to Lackawanna County's guardian ad litem program, which has come under public criticism and federal scrutiny in the past year.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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2012年7月5日星期四
Stevens & Lee, Ex-Partner Hire New Counsel in Dropbox Suit
Stevens & Lee appears to have heeded strong urging by a federal judge that it hire outside counsel to represent it in a lawsuit by Elliott Greenleaf involving Stevens & Lee's hire of a former Elliott Greenleaf managing attorney and that attorney's alleged continued access of his former firm's client files.
TheLegalIntelligencer.com
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TheLegalIntelligencer.com
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