3rd Circuit Rejects ERISA Benefits for Siemens Plaintiffs

The 3rd U.S. Circuit Court of Appeals rejected a class action brought against electronics giant Siemens by 277 plaintiffs who said they were entitled to pension benefits if their employment ended.
TheLegalIntelligencer.com

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2nd NY court upholds town ban on gas drilling

ALBANY, N.Y. (AP) - While only the state can set rules for oil and gas drilling in New York, local governments have the right to ban the industry from operating within their borders, a state court judge ruled Friday in the second opinion of its kind this week.
TheLegalIntelligencer.com

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$12.9 Mil. Awarded to Woman Rendered Comatose After Neck Surgery

A Philadelphia jury has awarded a 50-year-old woman $ 12.88 million for injuries suffered when she vomited after her thyroidectomy, resulting in bleeding in her neck that cut off her airway.
TheLegalIntelligencer.com

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Alive Boy Pronounced Dead by Hospital, Parents May Sue

Seven-year-old Jaylen Lane was rushed to the hospital when his parents noticed he was having trouble breathing. After going into cardiac arrest, doctors at Mercy Hospital told Lane's parents that the boy was dead. He wasn't.
Seemingly, the only people at the hospital who noticed that Lane was still breathing (and alive) were his parents who urged medical staff to continue working on their son as a funeral home employee stood outside the room ready to take the body, reports WLS News. Sure enough, Jaylen Lane was still breathing and was resuscitated by doctors. The child's parents now want to know why the hospital was so adamant about pronouncing their son dead.
Doctors called it a "miracle" and say that Lane was brought back from the dead. Lane's parents disagree, saying that it was apparent that their son was very much alive and had never died as the boy appeared to continue breathing and was warm. Doctors insisted this was the residual effect of medication and that Lane was in fact dead, reports WLS.
The parents persisted and after several hours doctors found a pulse. Had the parents not persisted, there's a good chance that Lane could have died as doctors stopped working on him. Lane's parents now are dealing with conflicting emotions of happiness as their son is alive and anger as to why Mercy Hospital insisted on writing off the boy.
The parents may want to consider bringing a medical malpractice lawsuit against Mercy Hospital if it is discovered that Lane was further injured when the staff erroneously considered him dead and delayed in providing treatment. To prevail in such a lawsuit, Lane's parents would likely have to prove that the hospital was negligent or careless in checking on a basic fact like whether a patient was dead or alive, and thereby causing injury to the patient.
Jaylen Lane was pronounced dead by a hospital. The child's parents were not convinced and through their persistence, hospital workers were able to revive the boy.

Related Resources:

Find a Chicago Personal Injury Attorney (FindLaw)
Boy pronounced dead, regains pulse (WGN)
Medical Malpractice In-Depth (FindLaw)

The Chicago Personal Injury Law Blog

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State Need Not Transfer $700 Mil. to MCARE Fund, High Court Rules

The Pennsylvania Supreme Court reversed a ruling that would have transferred around $ 700 million to the MCARE Fund to pay for abatements of doctors' annual assessments.
TheLegalIntelligencer.com

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Attorney General reviewing NYPD spying complaints

WASHINGTON (AP) - Months after receiving complaints about the New York Police Department's surveillance of entire American Muslim neighborhoods, the Justice Department is just beginning a review to decide whether to investigate civil rights violations.
TheLegalIntelligencer.com

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Navajo Nation sues Urban Outfitters

FLAGSTAFF, Ariz. (AP) - The Navajo Nation has sued Urban Outfitters months after the tribe sent a cease and desist letter to the clothing retailer demanding it pull the "Navajo" name from its products.
TheLegalIntelligencer.com

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What Can I Do in Florida If the Other Parent is Saying Bad Things About Me to Our Child?

Florida family law cases involving children, custody, time-sharing, parental responsibility, and a parenting plan can be challenging not just in the initial case, but as time goes by. When these things are fought over, the parents often loose sight of the fact that they don't just have to raise a child while the court proceeding is going on, but until the child actually turns 18 and moves out of the house. Jacksonville and other North Florida courts try to keep the level of parental animosity to a low, but ultimately the court only has so much control over the individuals. However, one continuous arm the court and the parents have is when the parenting plan gives specific directions about speaking negatively about the other parent to the child, interfering with the child's relationship with the other parent, or simply alienating the child from the other parent.

In most parenting plans, there is specific language regarding the relationship of the parent with the child, especially when it comes to matters of the other parent. For example, in many cases, there may be language like, "Neither parent shall disparage the other to the child, speak negatively in front of the child about the other, or hinder the other parent's relationship with the child in anyway." The reason this language or similar language may be in an order is because the impact on the other parent's relationship with child may be severe damage. The parenting plan helps the parents understand what they can and cannot do, or should and should not do as parents raising a child in a divided home. When the parenting plan is placed into a final order and signed by the court, it becomes enforceable, meaning that there can be court recourse if a parent does not abide by the order.

When raising children, it is important to maintain the standard of, "the best interest of the child," and not, "the best standard for me." If a parent violates the parenting plan and begins to alienate the child, then action can be taken with a contempt action. In a Motion for Contempt, the court looks at the order for clarification of what should be done by both parties. Then, the court hears testimony and evidence regarding how the order has been violated by one of the parties. If there is evidence presented that shows that the child has, in fact, been exposed to negative, derogatory, or alienating words or actions by one parent against the other, then that parent may be held in contempt. If the same actions continue, then the parent being alienate may go back to court on more than one occasion to have the other parent held in contempt. Contempt is a voluntary and willful action of one party that is against the court order.

If a parent is held in contempt more than one time for the same alienating acts, then the non-offending parent may decide to file for a modification of custody (time-sharing) so that the child's exposure to the other parent is limited. Sometimes, jumping off at the point of, "I have been alienated by the other parent and I want to modify time-sharing," can be too much and the court may not find that there is enough to alter the prior order for time-sharing. However, if you can show a pattern of behavior to the court, then your chances are much greater to succeed in changing custody down the line. Hunter v. Hunter, 35 FLW D 1696 (Fla. 2nd DCA August 3, 2011).

Jacksonville Divorce Lawyer Blog

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Obituary: Kelley, Firm Founder, Dies at 74

Philadelphia attorney John P. Kelley, 74, died Feb. 21. He was a founder of law firm Kelley Jasons McGowan Spinelli Hanna & Reber.
TheLegalIntelligencer.com

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Qualities that you should look into while choosing accident attorney

In Miami, number of accident attorneys existing is huge. Among them choosing the appropriate one is quite a difficult job. There are certain qualities that you should consider when you decide about the accident attorneys Miami. These factors are as follows:-

Reputation of the attorney – reputation does matter when the question arises about choosing accident attorney. This is because you may get numerous attorneys handling this case. But only few of them are there that can actually solve the case successfully. It is this group of attorney that achieves reputation in legal field. At the same time this does not mean that the attorney has won 10 cases. May be those 10 cases were all similar. So check the attorney's expertise field carefully.

Experience – as it is discussed above about the attorney's skill, obviously experience of the attorney does come under focus. Experience does matter when you are looking for skilled attorney.

Reliable – it is the duty of the attorney to maintain the trust of the client no matter whichever situation he faces. Trust is quite important if the attorney wishes to achieve success in this field.

These are some of the basic qualities that you should always remember while choosing accident attorney. Especially if you are the victim and need legal help seriously.
Chicago Lawyer Blog

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Justices Wary of U.S. Laws in Foreign Human Rights Cases

The U.S. Supreme Court during arguments Tuesday appeared skeptical of citizens and foreigners using two federal laws to hold corporations and other organizations liable for human rights violations committed abroad.
TheLegalIntelligencer.com

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Why Hiring a Criminal Defense Lawyer is Important?

Have you been charged with a criminal conviction? Are you innocent? Do you think the case has been framed against you? Well, in such a situation, it is quite obvious for you to feel tensed and puzzled. It may seem that this problem will never come to an end and you will get punishment for the crime you have not done.
It is true that getting involved in a legal affair is a distressful matter and being accused of a crime is reason enough for your mental breakdown. But there is no reason to think that you can never come out of this situation. You can not solve the matter yourself. However, hiring a lawyer can help you to overcome this problem.
A criminal defense lawyer knows the intricacies of criminal law. He can prepare your case in a way that will prove your innocence. He can gather all the clues and evidences together to prove that you have not committed the crime. A good lawyer can also understand what will be the next step of your opponent's lawyer. You can not handle these things yourself. So counting on an experienced lawyer will be the best option for you.
Chicago Lawyer Blog

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Panel Upholds $17 Mil. Judgment in Warehouse Accident

The state Superior Court has upheld the $ 17.3 million judgment in a Philadelphia products liability case entered against the manufacturer of a racking system used in a frozen food warehouse.
TheLegalIntelligencer.com

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Separate-Disease Rule in Asbestos Cases Broadened

The Pennsylvania Supreme Court has expanded the separate-disease rule in asbestos cases to allow a plaintiff to sue more than once for two distinct, malignant, asbestos-related diseases arising at different times.
TheLegalIntelligencer.com

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Va. lawmakers clash over judges' authority

RICHMOND, Va. (AP) - A showdown is brewing in a Senate committee over the authority of judges to defer findings of guilt.
TheLegalIntelligencer.com

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Pa. Supreme Court Keeps Paternity by Estoppel Doctrine

The state Supreme Court, on a 5-2 vote, has modified the common-law doctrine that bars DNA testing in every case in which a putative father of a child has held a child out as his own by requiring that judges only apply the doctrine if they determine it is in the best interests of the child.
TheLegalIntelligencer.com

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White powder found outside Conn. courthouse

MERIDEN, Conn. (AP) - State police have closed down the Superior Court building in Meriden after a white powder was spotted outside near the front doors.
TheLegalIntelligencer.com

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Corbett's welfare cuts draw anger from Democrats

HARRISBURG, Pa. (AP) - State Democratic senators are challenging Gov. Tom Corbett's top public welfare official over the administration's moves to stop the growth of spending despite rising demand and health care costs.
TheLegalIntelligencer.com

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Federal Judge's Comments Affect Sentencing in $74 Mil. Fraud Case

A district court judge's statements during a plea colloquy served to expand the appellate rights of the defendant beyond what was contained in the plea agreement, the 3rd U.S. Circuit Court of Appeals has ruled, remanding for resentencing the case of an Internet company owner convicted in a $ 74 million fraud scheme.
TheLegalIntelligencer.com

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Workers' Compensation: Pa. Workers' Comp Certification Process to Launch in Fall

The expertise of lawyers practicing in the area of workers' compensation has been a concern for many years, according to John Bagnato, the chair of the certification committee of the Pennsylvania Bar Association workers' compensation law section.
TheLegalIntelligencer.com

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Elections: In AG Race, Kane Has the Cash, but Murphy Has More Contributors

Although former Lackawanna County prosecutor Kathleen Kane had raised the most money out of those vying for Pennsylvania attorney general, the three candidates' most recent campaign financial filings did little to settle who is out in front.
TheLegalIntelligencer.com

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Growth in a No-Growth Market: Midsized Firms Mining Existing Client Base for Revenue Growth

While large firms, faced with an economic climate in which clients are increasingly tightening the reins on their legal spending, are looking to lateral hiring as their primary revenue driver, midsized firms appear to be more focused on gaining additional work from existing clients and trying to attract new clients by promising quality work at a more flexible and often lower cost than the big shops.
TheLegalIntelligencer.com

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Pa. suit has Lettermen members against one another

MERCER, Pa. (AP) - A founding member of the 60s vocal group, The Lettermen, is suing a former member in a western Pennsylvania court claiming he's violating the group's trademark by continuing to refer to the group and his music in his solo career.
TheLegalIntelligencer.com

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Judge Rejects Latest Attempt to Dismiss Charges in Priest Sex-Abuse Case

The Catholic Archdiocese of Philadelphia sex-abuse case's presiding judge denied a motion to dismiss charges of endangering the welfare of children and conspiracy against the former secretary of clergy.
TheLegalIntelligencer.com

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Court won't get involved in carp fight

WASHINGTON (AP) - The Supreme Court won't order closure of shipping locks on Chicago-area waterways to prevent Asian carp from invading the Great Lakes.
TheLegalIntelligencer.com

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Time-Sharing, Visitation and Custody in Florida

In Jacksonville, Florida and other portions of North Florida, the courts are not typically keen on a 50/50 visitation schedule in a divorce or paternity matter. Visitation and custody battles in Florida have taken a legal overhaul in the last few years by the legislature so as to help parents not fight from the very beginning. The changes have impacted how we refer to these issues of visitation and custody by referring to these topics as time-sharing and parenting plans. In a Florida divorce or paternity case, the goal is for the court, the parties, and their respective attorneys, to reach a conclusion that is in the best interest of the children. However, many parents have interpreted time-sharing language to mean that they start and end with equal visitation with the kids. However, the impact the schedule may have on the children is not necessarily in their best interest because parents have different ways of parenting, doing homework, establishing chores, and the like. So, the courts have tried to look at many factors in determining time-sharing plans, including the above listed things, the proximity of the parent to the kids' schools, the communication between the parents, the relationship of the parents with the kids, etc.

In Florida, determining a time-sharing plan that works for the parents and the children can be a challenge. Often, parents feel that they want 50/50 time-sharing for multiple reasons, sadly, including the fact that it will reduce their child support obligation. Parents have to understand that whether the children are living in your house 50% of the time or spending 90 overnights (i.e. standard guideline time-sharing in North Florida) you are still paying for them, just the payments are different. Child support is determined by a state regulated child support calculations that factors in things like the income of both parties, which parent is paying for health insurance and daycare for the kids, etc. By looking at the incomes of the parties, the calculation actually determines what the household income for the child would be had the parents lived together. Then, based on the overall household income, the money is based on each parent's contribution thereto. For example, if the household income would be $ 100,000 and each parent makes $ 50,000, then each parent's pro rata share is 50% of the household income. Then, credits are given for the party making health insurance and daycare payments.

Jacksonville Divorce Lawyer Blog

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Fresh Ink: Inside Today's Legal - Feb. 27

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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2 Lawyers Sue Over Use of Legal Papers by West and LexisNexis

Two lawyers have filed suit claiming that the digital collection and sale of their publicly filed legal briefs and memoranda violate U.S. copyright laws.
TheLegalIntelligencer.com

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Why Do You Need A Cohabitation Agreement

In recent times, the concept of cohabitation or living together has become quite popular. Not only that, the definition of the term "cohabitation" also has changed significantly. Nowadays the term has been given a much broader sense and it means no less than the relationship a married couple may have. But as far as the law in concerned, a couple cohabiting will not be viewed as equally as the married couple. A cohabiting couple do not have the legal recognition that the married couple has. That is why you need a Cohabitation agreement that will give your relationship some sort of legal recognition. With such an agreement you get advantages such that are only given to those who are married. In this regard, not making such an agreement may prove to be of loss for a couple who are cohabiting.
Chicago Lawyer Blog

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Is Apple's IPad Success Drawing IP Litigation Fire?

These are triumphant times at Apple Inc. But patent litigation over Apple's best-selling tablet computer, the iPad, could dampen the festive mood.
TheLegalIntelligencer.com

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Feds Release Internet Privacy 'Bill of Rights'

In a bid to give Internet users more control over how their personal information is collected and used, the Obama administration on Feb. 23 released a "Consumer Privacy Bill of Rights."
TheLegalIntelligencer.com

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Injured Workers and Medical Review Tonight on 'The American Law Journal'

Recent proposed legislation has been tabled, but will renewed efforts to expand the medical review period from 90 to 180 days come back to haunt injured workers?
TheLegalIntelligencer.com

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FJD Civil E-Filing System Opens Up To Public Online

The First Judicial District's electronic filing system, which is now more than three years old, is slated to become available to the public online today.
TheLegalIntelligencer.com

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Class Action Against HSBC Settles for $23.5 Mil.

A federal judge in Philadelphia has preliminarily approved a $ 23.5 million settlement in a class action brought against HSBC Bank over the company's payment protection plan for its credit card users.
TheLegalIntelligencer.com

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Environmental Law: Uncertainty Looms Over EPA's Cross-State Air Pollution Rule

In recent years, the Environmental Protection Agency has promulgated a number of regulations affecting the energy sector. Last year was no exception, with the EPA issuing several new rules aimed at curbing air emissions from electric generating units (EGUs).
TheLegalIntelligencer.com

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Franchise Law: Positive Outlook for Franchising Amid Economic Pressures

Most franchise professionals express a cautious optimism for the industry. As franchising activity is an indicator of health and direction of our economy, we have good reason to expect improvement in the economy generally and in the profitability of small business as well.
TheLegalIntelligencer.com

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Reporter's Notebook: Growing Revenue in a No-Growth Market

TheLegalIntelligencer.com

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Kane Challenges Murphy to Sit for Pa. Bar Exam

TheLegalIntelligencer.com

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Do's and Don'ts for Departing a Law Firm: Part 1

TheLegalIntelligencer.com

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Fresh Ink: Inside Today's Legal - Feb. 22

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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Do's and Don'ts for Departing a Law Firm: Part 2

TheLegalIntelligencer.com

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Administrative Judge Raises Pay for Phila. Capital Cases on Interim Basis

TheLegalIntelligencer.com

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Fresh Ink: Inside Today's Legal - Feb. 23

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TheLegalIntelligencer.com

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Business Valuations - Assessment of Risk

TheLegalIntelligencer.com

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Fresh Ink: Inside Today's Legal - Feb. 24

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TheLegalIntelligencer.com

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Appeals of Interlocutory Orders, Part 2: Interlocutory Appeals by Permission

TheLegalIntelligencer.com

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Subpoena Issued to Penn State GC

TheLegalIntelligencer.com

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Costner sculpture dispute heads to SD high court

RAPID CITY, S.D. (AP) - The South Dakota Supreme Court will hear a case involving Hollywood actor Kevin Costner and some bronze sculptures of bison and American Indians.
TheLegalIntelligencer.com

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E-Discovery Litigator in Del. Jumps Ship from Connolly Bove to Eckert Seamans

Kevin F. Brady, a corporate litigator who specializes in e-discovery, has left the Wilmington, Del., office of Connolly Bove Lodge & Hutz to take a lateral position with Eckert Seamans Cherin & Mellott.
TheLegalIntelligencer.com

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Riley Fox Lawsuit: P.I.s Drop Lawsuit Against Parents

In 2004, three-year-old Riley Fox went missing before being found dead in a creek. The girl's father was first suspected in the killing, before DNA evidence exonerated him. Eventually, neighbor and convicted sex offender Scott Eby confessed to the crime.
He is now serving a life imprisonment, reports the Chicago Sun-Times.
Prior to the confession, Riley Fox's parents hired private investigator firm National Investigators & Security Agency Inc. to find the girl's killer. After racking up a $ 70,000 bill, the firm says that the Fox's never paid. So the P.I.s sued their client, bringing a Riley Fox lawsuit for the unpaid amount.
But the Fox's say that they were justified in not paying the bill. The president of the firm, Richard Grove, allegedly had said he was trained by the FBI in doing his investigating and so the Fox's relied on this supposed expertise in hiring him. However, the Fox's claim that Grove did not have any ties to the agency and basically lied about his credentials, reports the Sun-Times.
So the issue in the lawsuit was whether the Fox's were justified in not paying National Investigators & Security Agency Inc. for its services. Apparently they were, as Grove decided to back off the lawsuit.
Generally, a party is liable for their debts and obligations to another party. However, when those amounts are owed on the basis of fraud, misrepresentation, or other fraudulent act, the debt may not be enforced.
Richard Grove may have felt that the Riley Fox lawsuit was not worth pursuing as he could not have won the lawsuit against the parents. After all, a jury would likely view the parents of a dead child more sympathetically than a private investigator. Additionally, Grove may have wanted to stop the publicity that would have come with the lawsuit announcing that he allegedly had no ties to the FBI -- apparently a selling point for his business.
Related Resources:

Find a Chicago Personal Injury Attorney (FindLaw)
Lawsuit against Riley Fox's parents dismissed (ABC)
What are consumer protection or consumer fraud acts? (FindLaw)

The Chicago Personal Injury Law Blog

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Bucks Jury Awards $3.6 Mil. to Developer Who Lost Loan

A Bucks County jury has awarded $ 3.6 million to a developer who claimed a bank breached its contract when it reneged on a $ 12.3 million loan for a retail and office complex.
TheLegalIntelligencer.com

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NH Supreme Court rules in favor of firefighter

CONCORD, N.H. (AP) - The New Hampshire Supreme Court has reversed a judge's ruling that said a volunteer firefighter couldn't pursue a lawsuit against a homeowner after he fell and hurt himself on her icy driveway.
TheLegalIntelligencer.com

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ACLU wants in SC voter ID lawsuit

COLUMBIA, S.C. (AP) - The American Civil Liberties Union wants a role in a federal lawsuit over South Carolina's new voter ID law.
TheLegalIntelligencer.com

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Failing to Take a DNA Test in a Florida Paternity Case May Determine Outcome

Unlike mothers, fathers are not as easily determined to the parent of a child born out of wedlock and in Florida, the mother and/or the Department of Revenue may bring an action to establish paternity and child support. In a Florida, if the Department of Revenue is involved in a case it is typically due to the mother requesting some government aid for the child, such as Medicaid or Florida Kid Care. When the Department of Revenue is involved, the mother is asked to provide all information regarding the potential father of the child and the Department charges the mother a nominal fee to establish paternity and child support through the court. Since the father is not determined by simply signing the birth certificate, the petitioner, mother and/or Department of Revenue, may request a paternity test in order to scientifically establish the paternity of the child. In Jacksonville and most jurisdictions in Florida, the court will often require a DNA test even if was not requested in the initial petition simply to guarantee proper paternity is established.

DNA testing requires the putative or presumed father to comply with the DNA testing, the facility is often provided by the court, but the parties are typically responsible for paying for the test. The mother is also required to comply by taking the child to the DNA facility for the test to be complete. The DNA samples are then compared and an analysis or report is provided to the court. Cooperation by both parties is stand mandated by Florida Statutes.

If either party does not comply with the court order to have the DNA testing completed, then the judge can enter an order against the offending party. What this means, is that if the mother/guardian does not take the child for DNA testing, then the court may find that the presumed father is not the child's father and is not obligate to pay child support. Department of Revenue o/b/o M.J.W. v. G.A.T.,Jr., 37 FLW D28 (Fla. 2nd DCA December 28, 2011). The impact of noncompliance would basically, according to the court, meet the standards established under Florida Statute 742.18(7)(b), which determines the disestablishment of paternity for noncompliance with DNA testing.

The impact of this ruling is that the DNA testing rules governs an action where paternity is questioned. Not having the testing completed basically means that the party that does not follow the court order is granting the court the authority to either order child support without a scientific finding of paternity or if the mother doesn't comply, then not order child support be paid. However, the finding by the court did determine that noncompliance in the original case does not bar an additional case being brought in the future.

Jacksonville Divorce Lawyer Blog

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Issues Regarding Truck vs. Car Collision

Truck accidents are quite common and these accidents often involve crash between a semi or "big rig" truck and an automobile vehicle such as a car. These types of accidents can cause massive damages and fatal damages for the ones in the car. Especially those accidents that involve a massive truck colliding with a small [...]
Maryland Intellectual Property Lawyers Blog

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Agency Targets Checking Account Overdraft Fees

The Consumer Financial Protection Bureau is setting its sights on checking account overdraft fees, proposing a standard "penalty fee box" to convey key consumer information and requesting data from banks for further inquiry.
TheLegalIntelligencer.com

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State Judiciary Asks Lawmakers for More Funding

Pennsylvania Chief Justice Ronald D. Castille said Thursday that as the judiciary is willing to dip into its technology fund to meet operating expenses, legislators should extend a temporary fee surcharge to traffic citations in order to cover a projected $ 29.6 million shortfall under Gov. Tom Corbett's budget proposal.
TheLegalIntelligencer.com

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Cozen Pulls From SEC for Securities Practice Head

When the chairman of Cozen O'Connor's securities litigation and SEC enforcement practice left to join the Securities and Exchange Commission in Philadelphia, the firm went shopping for a new chairman and found its answer in New York.
TheLegalIntelligencer.com

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Do's and Don'ts for Departing a Law Firm: Part 3

TheLegalIntelligencer.com

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Deadline set in ex-players' lawsuit against NFL

MINNEAPOLIS (AP) - A federal judge has told both sides to be ready for trial by Dec. 15 in a lawsuit filed by former players against NFL Films for using their names and images in films and other promotional materials to market the league's glory days.
TheLegalIntelligencer.com

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Michael Jordan Sues Qiaodan Over Like Sounding Name

Jordan. Qiaodan. One English, one Chinese, these two words are not spelled alike, but if you say it aloud, they sound awfully similar. Michael Jordan is involved in another lawsuit protecting the rights to his name and basketball identity. This time, instead of suing national grocery stores (as happened last week), Jordan is suing a Chinese company that he says has capitalized on his name.
Qiaodan Sports, located in Fujian province, has apparently made a living through its use of the Qiaodan name -- Jordan's name as commonly known in basketball-crazed China claimed in the Michael Jordan lawsuit, reports the Chicago Tribune.
Don't mistake Qiaodan Sports for some small fly-by-night outfit that produces counterfeit products. According to the Tribune, Qiaodan is a major business with recent deals to be the Olympic partner of Mongolia, Kazakhstan and Turkmenistan. In addition, it became the Olympic partner of the International Basketball Federation (FIBA).

Jordan filed the lawsuit in China and says that the company used his name, number, and even the names of his children without permission.

Generally, someone owns the rights to their name, likeness, and persona and can profit from their name as they see fit. This right of publicity is granted in most state laws as well as federal law. On the other hand, it's not clear what obligation companies incorporated in other countries and doing business in other countries have in following U.S. law.

In the Michael Jordan lawsuit, the basketball legend says that a Chinese company is profiting from his Chinese name Qiaodan. Even if it is, it's not sure what rights Jordan has to Qiaodan.

Related Resources:

Find a Chicago Personal Injury Attorney (FindLaw)
Michael Jordan Sues Chinese Sportswear Company (The Wall Street Journal)
Invasion of Privacy (FindLaw)

The Chicago Personal Injury Law Blog

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Justices Rule Uninsured Drivers Can Sue Insureds for Economic Damages

The Pennsylvania Supreme Court has ruled that an uninsured driver who is injured in an accident with an insured driver can sue the insured driver for economic damages.
TheLegalIntelligencer.com

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Ultrasound abortion mandate faces Va Senate panel

RICHMOND, Va. (AP) - A day after Virginia Republican legislators dropped a bitterly contested requirement that women undergo invasive pre-abortion ultrasound imaging, the intrusive procedure has been dropped from a companion bill.
TheLegalIntelligencer.com

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Redistricting delays complicate elections for 6 State House seats

HARRISBURG (AP) - The normally routine process of filling a few vacant state House seats has been complicated by this year?s messy legislative redistricting process.
TheLegalIntelligencer.com

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Justices Debate Falsehood in Stolen Valor Case

During an intense hour of debate before the U.S. Supreme Court on Wednesday that touched on the harms and benefits of lying, the dramatic high point came when Chief Justice John Roberts Jr. asked if a "pure lie" had any value under the First Amendment.
TheLegalIntelligencer.com

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N.J. Suit Saying Civil Unions Deny Gays Equal Protection Can Proceed

Same-sex couples will be allowed to go ahead with a suit charging that New Jersey is denying them equal protection of law under the U.S. Constitution by limiting them to civil unions rather than marriage.
TheLegalIntelligencer.com

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Insurer Seeks to Bring Penn State Lawsuit to Phila.

An insurance company for Penn State is trying to bring a lawsuit filed by the university in Centre County last week about 200 miles east to the First Judicial District.
TheLegalIntelligencer.com

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Reed Smith Revenue Up 3.7 Percent, PPP Dips 3 Percent

Reed Smith saw its second straight year of revenue growth in 2011 while profits per equity partner took a dip of nearly 3 percent in a year that saw profit margins squeezed as expenses increased.
TheLegalIntelligencer.com

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Appeals court in Ky. upholds 1998 tobacco deal

LOUISVILLE, KY. (AP) - The landmark 1998 national settlement between 46 states and 19 tobacco companies is valid and doesn't amount to a conspiracy or anti-competitive behavior by the government, a federal appeals court ruled Wednesday.
TheLegalIntelligencer.com

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Firm Sues Ex-Employee, Bank Over Debit Card Embezzlement

Pittsburgh-based Sommer Law Group, along with its subsidiary, has sued its former legal administrator for using the firm's debit card to make fraudulent transactions and the bank through which the card was issued for not alerting the firm to the suspicious activity.
TheLegalIntelligencer.com

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Court says police cannot be sued over warrant

WASHINGTON (AP) - The Supreme Court says California police officers cannot be sued because they used a warrant that may have been defective to search a woman's house.
TheLegalIntelligencer.com

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Ex-Agency Official Joins Drinker's Washington Office

A former official with the Employee Benefits Security Administration has joined Drinker Biddle & Reath's Washington office, the firm announced Tuesday.
TheLegalIntelligencer.com

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Ex-Agency Official Joins Drinker's Washington Office

A former official with the Employee Benefits Security Administration has joined Drinker Biddle & Reath's Washington office, the firm announced Tuesday.
TheLegalIntelligencer.com

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Florida Child Support Can Be Reduced or Increased Due to Visitation

Child support in Florida cases is based on the income of the parties and the total income of a shared household. The pro rata share of each party's income is a determining factor in the overall calculation of child support. As a

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Florida Child Support Can Be Reduced or Increased Due to Visitation

Child support in Florida cases is based on the income of the parties and the total income of a shared household. The pro rata share of each party's income is a determining factor in the overall calculation of child support. As a

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Justices Take Up Texas Affirmative Action Case

The U.S. Supreme Court announced on Tuesday that it would revisit the divisive and vexing issue of affirmative action in higher education.
TheLegalIntelligencer.com

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Real Estate Finance Is Hot Again?

Law firms are turning Newton's views on gravity upside down, seeing a rise in a practice area that plummeted during the recession: real estate finance.
TheLegalIntelligencer.com

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Lerner: Death Penalty Defense Counsel Pay Is 'Grossly Inadequate'

The Philadelphia judge charged with examining the constitutionality of pay given to private defense lawyers for defendants facing death row said in a report today that the pay is "grossly inadequate."
TheLegalIntelligencer.com

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Philadelphia Judge Rejects Pa. as Forum for Texas Asbestos Plaintiffs

A Philadelphia Common Pleas Court judge has ruled that the best forum for a Texas woman who says her mesothelioma was caused by exposure to asbestos from laundering the clothes of her father, ex-husband and current husband is not Philadelphia but the Lone Star state.
TheLegalIntelligencer.com

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Lerner Finds Pay for Death Penalty Defense 'Grossly Inadequate'

The Philadelphia judge charged with examining the constitutionality of pay given to private defense lawyers for defendants facing death row said in a report today that the pay is "grossly inadequate."
TheLegalIntelligencer.com

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School Code's Ex-Con Ban Doesn't Apply to Current Employees

A Delaware County trial judge ruled that recent state Public School Code amendments barring schools from hiring candidates with certain prior criminal convictions doesn't apply to current employees.
TheLegalIntelligencer.com

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High court to take new look at affirmative action

WASHINGTON (AP) - The Supreme Court will once again confront the issue of race in university admissions in a case brought by a white student denied a spot at the flagship campus of the University of Texas.
TheLegalIntelligencer.com

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Fresh Ink: Inside Today's Legal - Feb. 21

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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Litigation: Preparing a Lawyer-Witness for Deposition - and Beyond

After working with hundreds of witnesses over the years, we have found that lawyers are some of the most difficult witnesses, because they often think they know it all.
TheLegalIntelligencer.com

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Paralegals: Sound Rules and Practices for Employers of a Notary Public

Paralegals often serve their employers in a dual role as both a legal assistant and a notary public.
TheLegalIntelligencer.com

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Florida Divorce and Custody Disputes that Lead to Parental Abduction: What To Do To Recover Your Child

In a Florida family law case involving children, such as divorce, paternity, or change of custody, emotions can run rather high. Unfortunately, stress often surrounds these experiences and the consequences of the stress, if not handled properly, can lead to horrible actions by one parent. A parent who feels their world is caving in may turn to extreme acts, like

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Young Lawyer: Taking a Moment to Appreciate the Work of Mentors

I love my job. Yes, it is because it pays my bills. Yes, it is because it keeps me from deferring and deferring and deferring my loans and accruing thousands of dollars more in interest every year.
TheLegalIntelligencer.com

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Litigation: Tips for Putting Together a Trusted, Skilled Trial Team

Getting ready for trial can be a complex process, but putting your team together doesn't have to be. You have some people on your team that you wouldn't dream of going to trial without, and that's as it should be. However, every trial is different and will require different skills. This means you may need to look outside your firm for specialized expert support, rather than asking the paralegal to also be the graphic designer.
TheLegalIntelligencer.com

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Real Estate: Monroe County Rulings Diverge on Mortgage Assignment

Over the course of six months, two Monroe County trial judges took divergent paths in separate cases involving allegations of fraudulent mortgage assignments.
TheLegalIntelligencer.com

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Civil Practice: Plaintiff's Unedited Video Interview Privileged, Judge Rules

Footage from an auto-accident plaintiff's videotaped interview, left on the cutting room floor by his lawyer, will stay there, a Northumberland County judge has ruled, denying a tortfeasor's discovery request to collect the unedited video.
TheLegalIntelligencer.com

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Bankruptcy Update: Section 548's Two Year Look-Back Period Not a Statute of Limitations

In Industrial Enterprises of America Inc. v. Burtis (In re Pitt Penn Holding Co. Inc.), the U.S. Bankruptcy Court for the District of Delaware was faced with an issue of apparent first impression in the 3rd Circuit: whether the two year look-back period set forth in § 548 of the Bankruptcy Code is subject to equitable tolling. The court held that it was not.
TheLegalIntelligencer.com

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Civil Practice: Venue Wars: The Legislature's Latest Legal Fight

The latest legal fight in the legislature concerns venue. What is venue? Venue is a rule of court dictating where a person, corporation or another entity can be sued.
TheLegalIntelligencer.com

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Family Law : Accrual Date Decides If Settlement, Award Are Marital Property

The recent state Supreme Court case Focht v. Focht was welcomed by most family law practitioners with open arms.
TheLegalIntelligencer.com

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Commentary: Portability of the Applicable Exclusion Not as Beneficial as One May Think

In December 2010, Congress passed the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010.
TheLegalIntelligencer.com

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Ethics: Questions & Answers on Professional Responsibility

Lawyers convicted of a crime carrying a maximum sentence of one year or more must report it to the Office of Disciplinary Counsel.
TheLegalIntelligencer.com

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