GSK's 'Nerve Center' In Del., Judge Rules

Disagreeing with two of his colleagues in the Eastern District of Pennsylvania, a federal judge has ruled that GlaxoSmithKline is based in Delaware, which means that drug products liability litigation against the company will remain in federal court.
TheLegalIntelligencer.com

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Court Rules Homeless Sex Offenders Not Exempt Under Old Megan's Law

A divided state Supreme Court has ruled that homeless sex offenders charged with violating the previous version of Megan's Law were not exempt from the requirement that they must notify state police of their current or intended residences.
TheLegalIntelligencer.com

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Ballard Ups Revenue 4.2 Percent, Headcount 6.1 Percent

Ballard Spahr was able to grow its gross revenue in 2011 above the firm's all-time high in 2010, but could not match the rate of increase in its headcount thanks to a downturn in its public finance practice and a general overcapacity in certain areas, the firm's chairman said.
TheLegalIntelligencer.com

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Fresh Ink: Inside Today's Legal - March 28

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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Yes, Jurors Do Care About Your Case ... Eventually

The jurors arrive. Voices grumbling. Arms crossed. Scowls on faces. Minds searching for anything and everything they can say or do to get out of jury duty. These are the people who are making this decision that will so greatly impact your client? Yes, they are.
TheLegalIntelligencer.com

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Fresh Ink: Inside Today's Legal - March 29

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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Fresh Ink: Inside Today's Legal - March 30

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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Position Yourself for Marketing Greatness

Were you born to be a marketing rock star? When you were in law school, were you thinking, "I can?t wait to market myself as a lawyer?"
TheLegalIntelligencer.com

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Women of the Year Winners

TheLegalIntelligencer.com

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Fine overturned against VaTech over gunman warning

RICHMOND, Va. (AP) - A U.S. Department of Education judge has ruled that Virginia Tech did not violate federal law in its response to the campus massacre that left 33 people dead in 2007.
TheLegalIntelligencer.com

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Judge sides with ACLU in Kan. abortion ruling

WICHITA, Kan. (AP) - A federal judge has spurned a move by Kansas to derail a constitutional challenge to a new law restricting abortion insurance coverage.
TheLegalIntelligencer.com

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Former Pa. Justice Montemuro Dies at 86

Former state Supreme Court Justice Frank J. Montemuro Jr. — remembered as a "pioneer" for Italian-Americans in and outside the legal profession and a jurist who worked until he was forced to stop — died last week due to complications from Alzheimer's disease.
TheLegalIntelligencer.com

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High court has options on health care law

WASHINGTON (AP) - The arguments are done and the case has been submitted, as Chief Justice John Roberts says at the end of every Supreme Court argument. Now the justices will wrestle with what to do with President Barack Obama's health care overhaul.
TheLegalIntelligencer.com

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Can Florida Alimony Be Changed Due to Retirement, Unemployment or Health Issues?

Written by: Lenorae Atter, Attorney at Law

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Ex-Judge Who Had Affair With Bailiff Can Pursue Civil Suit

Former Jersey City, N.J., judge Wilson Campbell, whose affair with a bailiff led to a reprimand and his resignation from the bench in 2009, is still in court, litigating a civil suit against Hudson County, N.J.'s assignment judge at the time.
TheLegalIntelligencer.com

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Are College Profs, Librarians Digital Pirates?

First it was online music sharing. Next came video uploads and digitized books. Now a new copyright battle over digitized content is raging, this time with an unlikely set of alleged pirates: college professors and librarians.
TheLegalIntelligencer.com

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Justices Decline Narrow Approach To Corporate Successor Liability

The Pennsylvania Supreme Court has declined to rule continuity of ownership is an essential element in determining whether a de facto merger has taken place that would confer corporate successor liability.
TheLegalIntelligencer.com

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It's Not Apparent Castille Knew of Rotwitt's Dual Roles, Judge Says

In ruling on a number of preliminary objections in the First Judicial District's lawsuit against Obermayer Rebmann Maxwell & Hippel and a former partner related to the construction of a new family courthouse in Philadelphia, the judge said the defendants did not show enough evidence that they informed Pennsylvania's chief justice of the dual roles the partner was playing in the deal.
TheLegalIntelligencer.com

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Ark. court to hear arguments in death row case

LITTLE ROCK, Ark. (AP) - A lawyer for an Arkansas death row inmate is challenging the DNA analysis that led to his conviction in a double murder more than a decade ago.
TheLegalIntelligencer.com

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Judge Scolds Legislature Over Drug-Free School Zone Act

A Franklin County judge said the Drug-Free School Zone Act that requires a mandatory minimum sentence of two years in prison for selling drugs within 1,000 feet of a school was "unconstitutional" in a case where neither the dealer nor the buyer knew they were near a school.
TheLegalIntelligencer.com

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Fumo Files Lawsuit Against Restaurant Owner

Former state Sen. Vincent Fumo has sued the owner of two area restaurants, claiming the man approached Fumo to stake both projects and then bilked him out of investment returns.
TheLegalIntelligencer.com

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Justices appear open to saving parts of health law

WASHINGTON (AP) - Arguments in the U.S. Supreme Court failed to yield clear hints how the justices would rule on the question of whether President Barack Obama's health care overhaul would be left standing if the high court were to strike down the linchpin provision that all Americans must have health insurance.
TheLegalIntelligencer.com

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Fate of Health Care Law Seems Uncertain

As three historic days of oral argument at the U.S. Supreme Court came to a close on Wednesday, the fate of the landmark Patient Protection and Affordable Care Act seemed as uncertain as ever.
TheLegalIntelligencer.com

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Can Child Support Extend Through College in Florida?

Written by: Lenorae Atter, Attorney at Law

Child support is often a topic in my divorce and paternity case appointments I have as a family law attorney in Jacksonville, Florida. As a divorce and family law attorney, I meet with clients to explain their rights and options and what are provided for under Florida law. Child support is a hot topic for many, especially when they are divorcing and there have previously been talks of college and how to pay for it. In Florida, child support is ruled by Statutes, which establish how to calculate child support and for how long child support must be paid.

During a marriage, it is common for spouses to discuss their children's future as it relates to school and continuing on to college. College is an expense that many parents are concerned about, and rightfully so. As more kids decide to go to college due to the necessity of having a degree to find a job, parents think more about how they will pay for the rising cost of tuition and living expenses. However, when the parents decide to divorce, they now consider child support to get the kid through high school and wonder how it will impact the child's ability to attend college.

Florida Statute 61.30 provides for the child support guidelines and establishes the time frame in which child support is required. Said guidelines provide for child support of the child through his/her 18th birthday, or date of graduation if there is an expected graduation date after the 18th birthday and the child is on track to graduate. If the child is not on track to graduate until she or he turns 19, then the child support can be extended through that expected date of graduation. Also, if the child has been diagnosed with an illness, disability or mental health problem and needs ongoing, long-term care, then child support may be provided for an indefinite period of time. However, there is not a provision that requires either parent to support a relatively healthy child through college. The only way that may be accomplished is if both parents agree to have it put into an order.

If the parents consent to ongoing support through college, then the agreement should be written with the financial expectations of each parent. If the parties agree to continue supporting their child through college, then the document should have how each parent will be contributing and what expenses will be handled by each of them and/or jointly. The reason for this is that without details specifying the obligation, the court may have a difficult time deciphering the intent of the parties if either party tried to have the order enforced for noncompliance of the other.

In most cases, parties are able to negotiate the terms of their divorce, time-sharing, child support, etc. In so doing, they can have more control over the outcome of the case versus waiting for the judge to make the ultimate decision as it relates to them and their children. Having more control over the outcome can also lead to interesting negotiations that can be more creative and may think through more long-term issues then what the court will ultimately rule on, like college. It is a good idea to speak with a family law attorney about your rights and options.

Jacksonville Divorce Lawyer Blog

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Delaware Court Extends Spousal Privileges to Same-Sex Couples

A Delaware Superior Court judge approved an order retroactively applying spousal testimonial privilege to a same-sex couple who were married in California in 2008, but their partnership was not legally recognized in Delaware.
TheLegalIntelligencer.com

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No Punitive Damages for Looking at Cellphone While Driving

Months after a Pennsylvania state court ruled that talking on a cellphone while driving is not egregious enough to warrant punitive damages in a motor vehicle accident case, a federal magistrate judge has tossed an injured man's plea for punitives in an accident where he alleged the striking driver "looked at" his cellphone.
TheLegalIntelligencer.com

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ISPs Must Turn Over Customer Names in Porn File-Sharing Suit

Internet service providers have to disclose the names of their subscribers who are accused of using a file-sharing site to copy a pornographic movie, a federal judge has ruled in a copyright infringement suit.
TheLegalIntelligencer.com

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2 voter ID lawsuits may go to Wis. Supreme Court

MADISON, Wis. (AP) - Appeals courts sent two lawsuits challenging Wisconsin's blocked new voter ID law directly to the state Supreme Court on Wednesday, determining it was imperative to resolve the cases quickly given the slate of important upcoming elections, including the state's presidential primaries next week.
TheLegalIntelligencer.com

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McDonald's Hot Coffee Lawsuit Strikes Again, and Again

Ever since 1992, when Stella Lieback, a 79-year-old woman from New Mexico, sued McDonald’s after she scalded herself with a cup of the chain’s coffee, “hot coffee” lawsuits have become the stuff of American legal lore. The writers of Seinfeld lampooned them, politicians seeking tort reform pointed to them as frivolous, and HBO produced a documentary on the subject, aptly titled Hot Coffee.

Lieback’s suit against McDonald’s was ultimately settled out of court, and the fast food giant has since been free of hot coffee claimants. Until now. Not one, but two new lawsuits were filed by Chicago residents last week against McDonald’s for injuries caused by the chain’s lava-like brew, Chicago Business reports.

Lynn Abdelal, a 4-year-old, was eating at a McDonald’s in Harwood Heights when her grandmother asked her to throw an empty coffee cup in the trash. Instead of tossing the cup, however, Abdelal went to get a refill. A McDonald’s employee handed the child a cup of freshly-brewed coffee without securing the lid or placing it in a cardboard sleeve.

Abdelal spilled hot coffee on her chest, causing severe second-degree burns and permanent scarring. Abdelal is seeking $ 2.5 million in punitive damages, $ 1 million for pain and suffering, and $ 250,000 in compensatory damages.

In another suit, Melissa Pettigrew claimed that she received “horrific” burns after spilling coffee on her thighs at a McDonald’s in Rockford. Like Abdelal, Pettigrew argues that the spill was caused in part by an unsecured lid.

Under a theory of negligence, Abdelal and Pettigrew will likely argue that McDonald’s employees failed to show reasonable care by neglecting to secure the lids. Abdelal also claims that McDonald’s was negligent in handing a cup of hot coffee to a 4-year-old. If the court applies principles of comparative negligence, however, it may find that Abdelal’s grandma is also to blame for failing to supervise her granddaughter.

McDonald’s may decide to settle these suits as well, in order to avoid costly litigation. Depending on the outcomes, restaurants may have another wave of hot coffee suits on their hands.

Related Resources:

Find a Chicago Personal Injury Attorney (FindLaw)
McDonald’s Coffee Lawsuits Return — Twice (The Huffington Post)
Negligence: Background (FindLaw)
That’s Hot! The Lawsuit Against Hot Food Survives (FindLaw)

The Chicago Personal Injury Law Blog

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Some justices seem open to saving parts of law

WASHINGTON (AP) - Several Supreme Court justices seem receptive to the idea that portions of the health care law can survive even if the court declares the heart of the law unconstitutional.
TheLegalIntelligencer.com

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Court: Man can't sue gov't over records sharing

WASHINGTON (AP) - The Supreme Court ruled Wednesday that the federal government cannot be sued for emotional distress after two agencies improperly shared a man's medical records detailing his HIV status.
TheLegalIntelligencer.com

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Natural Gas Pipeline Safety Records Not Public, Court Says

The Commonwealth Court has ruled that state Public Utility Commission records related to the safety of natural gas pipelines are not public.
TheLegalIntelligencer.com

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Insurance Firm Nelson Levine Opens D.C. Office

Nelson Levine de Luca & Horst, a Pennsylvania insurance law firm, announced Tuesday the opening of a Washington office in response to recent moves to expand the federal government's regulatory role in the industry's modernization.
TheLegalIntelligencer.com

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Bank, Payment Processors Can Be Sued Under RICO

A federal judge is allowing a private racketeering claim to proceed against a bank and payment processors involved with telemarketing schemes that are alleged to have fraudulently deducted money from people's bank accounts.
TheLegalIntelligencer.com

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Debt negotiation – The legal process and its importance

The debt negotiation which is also known as the debt settlement helps you in paying off debts because it reduces the outstanding debt amount. Though debt settlement does not involve anything that is directly legal, there are some legal overtures added to this process. When you sign on the terms and conditions of a credit card, it is considered to be more of a legal agreement, so the settlement agreement too indirectly is a legal one.  So, if you are in debt and if you think that it won't be possible for you to settle the debts of your own, you can try to get the help of a debt negotiation law firm.
The legal part of debt negotiation
In case of the debt negotiation, the counselor of the law firm is required to negotiate with your creditor so as to lower the outstanding debt amount. Now, as a lawyer, the counselor is more knowledgeable about the ways to handle the whole process. They are more apt as to how the creditors can be made to agree to the settlement request. This helps them in getting the outstanding debt amount settled as per your affordability.
The negotiator may also be able to get the settlement agreement in place after the negotiation is complete. This is going to help you in retaining a proof of the agreement done. Otherwise, certain legal problems can arise at a later date. The creditor can sell of the debt to a collection agency. If you don't have proof of the agreement and also the payments, you won't be able to prove that the debt had got settled and that you have paid off the debt.
Moreover, the collection agency can also sue you or the debt claiming that it has still not been paid. In such situations too, the legal advisor can help in doing away with the problem. If you go to a legal advisor, it is they who will do all of the negotiations and so they will know how to handle such a legal situation too.
Other than this, the advisor will also know if the Statute of Limitations or SOL on debt you are trying to settle has expired. This will help you in doing away with the problem of settling that particular debt.
Chicago Lawyer Blog

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Pa. Justices Define 'in Paying Quantities' in Gas Leases

In a decision attorneys said has wide-reaching applicability for oil and gas companies in Pennsylvania, the state Supreme Court has ruled that even oil and gas wells that are operated sporadically and don't consistently turn a profit can be considered to be producing "in paying quantities" so long as the operator has maintained the well in good faith.
TheLegalIntelligencer.com

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Third Circuit: Class, Collective Actions Not Incompatible

Workers can bring claims against their employers under both federal collective actions and state law class actions simultaneously, the 3rd U.S. Circuit Court of Appeals has ruled.
TheLegalIntelligencer.com

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Trial delayed for ex-Pa. Rep. Stetler

HARRISBURG, Pa. (AP) - The trial of a former Pennsylvania lawmaker accused of misusing taxpayer-funded resources for campaign purposes has been delayed until June
TheLegalIntelligencer.com

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Orie's Conviction Doesn't Affect Orie Melvin, Court Watchers Say

Now that a jury has found state Sen. Jane Orie guilty on 14 of the 24 corruption charges she faced, the question becomes how the conviction would affect her sister, state Supreme Court Justice Joan Orie Melvin, who was recently reported to be the target of an investigating grand jury.
TheLegalIntelligencer.com

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Justices take up heart of health care overhaul law

WASHINGTON (AP) - The Supreme Court is taking up the key question in the challenge to President Barack Obama's historic health care overhaul: Can the government force people to carry insurance or pay a penalty?
TheLegalIntelligencer.com

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US Supreme Court denies John Lotter appeal

OMAHA, Neb. (AP) - The U.S. Supreme Court has denied the appeal of a Nebraska death row inmate whose murder case inspired the 1999 film "Boys Don't Cry."
TheLegalIntelligencer.com

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Criminal Practice: Prosecutors Oppose Bill to Expand Innocence Claims

Backers of a state Senate bill that would expand chances for people who say they have been wrongfully convicted of crimes to raise their innocence claims say it is needed because current law does not always provide adequate means to do so.
TheLegalIntelligencer.com

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Suit Over LexisNexis Background Checks Gets Green Light

Job applicants who were deemed "noncompetitive" during background checks can sue LexisNexis under the Fair Credit Reporting Act for not giving the prospective workers a chance to respond, a federal judge has ruled.
TheLegalIntelligencer.com

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Energy Law: Small Firms Say Expertise Trumps Size in Marcellus Shale

The seemingly overnight explosion of the Marcellus Shale play has attracted law firms of all sizes and practices from both inside and outside Pennsylvania.
TheLegalIntelligencer.com

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How Should We Handle Juvenile Offenders?

As the U.S. Supreme Court debates whether juveniles should be sentenced to life without parole, at the University of Pennsylvania Law School there was a similar conversation: should juveniles even be tried as adults?
TheLegalIntelligencer.com

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NJ Supreme Court hears judges' pension case

TRENTON, N.J. (AP) - The New Jersey Supreme Court is hearing arguments Monday on whether judges can be ordered to pay 9 percent more toward their pensions.
TheLegalIntelligencer.com

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US court: Judges can rule on passport law

WASHINGTON (AP) - The Supreme Court said Monday that the federal courts are eminently capable of judging a law that would allow Jerusalem-born Americans to list Israel as their birthplace on their U.S. passport.
TheLegalIntelligencer.com

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Prosecutors Argue Lynn Chose Protecting Church Over Children

Prosecutors argued in the Catholic Archdiocese of Philadelphia case opening today that an archdiocesan official could not fulfill his duties of protecting children, protecting the privacy of the priests and protecting the church all at the same time.
TheLegalIntelligencer.com

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Justices questioning briskly in health care case

WASHINGTON (AP) - The Supreme Court is plunging into a three-day debate on the Obama administration's overhaul of the nation's health care system. In the opening minutes, the justices are asking pointed questions about a legal issue that could derail the case.
TheLegalIntelligencer.com

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Can My Spouse Be Responsible for My Legal Fees in a Florida Divorce?

Written by: Lenorae Atter, Attorney at Law

In a Florida divorce, there are often concerns posed by potential divorcees about legal fees. Hiring an attorney can be beneficial to the preservation of your rights as they relate to alimony, child support, child custody (time-sharing issues), division of property and the like. However, attorney fees are also an expense that can sometimes be afforded by one party more than the other. The question then arises as to, "How can I hire a divorce lawyer if my spouse is the one working?" There are multiple answers to this question, which can be answered by your Jacksonville divorce lawyer, but a common answer is that the spouse making the majority of the money may be responsible for the other party's attorney fees so that the discrepancy in income does not lead to unfair advantage in the courtroom.

However, disparity in incomes is not the only way that attorney fees and costs related to your divorce may be paid by the other party. Typically, when you first hire an attorney you are quoted a retainer based on the issues surrounding your case, the experience of the attorney, and the hourly rate charged by the attorney. However, if the other party forces excessive litigation against the other party, then there is the possibility of being awarded attorney fees for the unnecessary litigation actions of that party. For example, if you hire an attorney to represent you in a divorce with no children, no marital home, some assets (vehicles, furniture, etc.), and some debt (one or two credit cards), then the divorce should not be overly complicated because there is not a lot to fight over in the world of equitable distribution. However, if your spouse tries to argue over everything, a fork, a spoon, a knife and a light bulb and in the process creates additional and excessive legal fees. The courts have held that the party responsible for creating, "vexatious and frivolous litigation," can be held responsible for the fees incurred as a result, Taylor v. Taylor, 734 So.2d 473 (Fla. 4th DCA 1999).

Also, in Rosen v. Rosen, 696 So. 2d 697, 700-01 (Fla. 1997), the Florida Supreme Court addressed the issue of attorney fees which, "has been interpreted as authorizing an award of attorney's fees against a spouse for 'over litigation." The idea is that if a spouse is pursuing topics or arguments in the litigation which have no true basis have no prospect of winning, then that spouse can be held liable for the attorney's fees associated with pursuing the action. For example, if the spouse is trying to get an award of the other spouse's future inheritance, then there is no chance that the litigation will be prosperous for that spouse and the fees associated with pursuing the losing action can be held against the pursuing spouse.

The concept behind these court rulings regarding attorney's fees and costs is to reduce the amount of unnecessary litigation in a divorce. The courts would rather the parties focus on the issues that are at hand via Florida statute versus trying to solve their own personal issues within the litigation and ultimately pushing one or both spouses into further debt.

Jacksonville Divorce Lawyer Blog

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GC Mid-Atlantic: Second Circuit Stays Challenge to SEC's Settlement Policy

On March 15, a panel of the 2nd U.S. Circuit Court of Appeals granted a stay of the district court litigation brought by the Securities and Exchange Commission against Citigroup Global Markets Inc.
TheLegalIntelligencer.com

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Young Lawyer: YL Editorial Board: Investing in and Gaining From Younger Lawyers

Last month, we lamented how it was "far too often" that "young lawyers perceive that their value to their firm is proportionate to the numbers on their time sheet, pro-rated credit rating or reputation for face time."
TheLegalIntelligencer.com

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Legal Marketing: How Firms Can Be More Attractive to Company Clients

Among a law firm's eternal questions is how to best market to in-house counsel. Because in-house counsel are clients of our clients, we are always seeking venues to hear firsthand perspectives on how to do this.
TheLegalIntelligencer.com

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Public Interest: Courts Show Reluctance to Protect Victims of Stalking

Stalking is a much misunderstood phenomenon in our society and legal system. Popular myths misrepresent the reality of stalking and downplay its seriousness.
TheLegalIntelligencer.com

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Health Care Law: Third Circuit Weighs in on Physician Employment Contract Dispute

Recently, in a nonprecedential opinion, the 3rd U.S. Circuit Court of Appeals had the opportunity in the matter of Edwards v. Geisinger Clinic to rule on whether a physician had alleged sufficient evidence to support a breach of contract claim when his employment was terminated by his employer after about a year.
TheLegalIntelligencer.com

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AT&T Complicit in Service Fraud Scheme, DOJ Says

AT&T Corp. is accused of wrongly collecting millions of dollars from a government fund intended to bankroll telephone service for hearing- and speech-impaired people.
TheLegalIntelligencer.com

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Health Care Case's 'Sleeper': Medicaid Expansion

The Medicaid argument is last, but not least.
TheLegalIntelligencer.com

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The Public Interest Calendar of Events

On March 28, SCRUB — soon to change its name to Scenic Philadelphia — will present a special screening of a documentary film, "This Space Available," at 6:30 p.m. at the Free Library on the Parkway.
TheLegalIntelligencer.com

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Ethical Conduct and the Supreme Court Tonight on 'The American Law Journal'

Is the Supreme Court truly the last court of appeal ... even when it comes to its own ethical conduct?
TheLegalIntelligencer.com

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Third Circuit Says PTI Admission Bars Civil Rights Suit Over Arrest

New Jersey criminal defendants who enter a pretrial intervention program give up the chance to bring federal civil rights suits over the underlying events, the 3rd U.S. Circuit Court of Appeals has ruled.
TheLegalIntelligencer.com

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Woman Awarded $3 Mil. for Delayed Colon Cancer Diagnosis

A Philadelphia jury has awarded more than $ 3 million to a woman whose colon cancer went undiagnosed for nearly two years.
TheLegalIntelligencer.com

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Forest Service Not in Contempt Over Drilling Delays

A federal judge has denied an oil and gas trade group's petition to hold the U.S. Forest Service in contempt for allegedly delaying drilling projects.
TheLegalIntelligencer.com

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Franchise Law: Ways to Avoid Vicarious Liability for Franchisors

Franchisors protecting their brand need to walk a fine line. Too little control and the branding message becomes blurred. Too much control and the franchisor can be held vicariously liable for acts and omissions of the franchisee. Franchisors need to control their trademarks, but should they be responsible for every aspect of the franchisee's operation?
TheLegalIntelligencer.com

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Employment Law: Keeping Criminal Background Checks in Check

It is no secret that many employers commonly ask about criminal background information during employment application processes, and doing so is not in itself illegal. The effect of screening out those with criminal or even arrest records, however, has been shown to be disproportionately discriminatory toward African-Americans and Latinos. Under Title VII of the Civil Rights Act of 1964, it is unlawful to exclude individuals from employment because of their race or national origin. By requesting criminal background information, employers are at risk of unlawfully discriminating against minorities, even if that is not their intention.
TheLegalIntelligencer.com

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Supreme Court Tosses MySpace Case

Less than two weeks after hearing arguments on whether messages posted on a MySpace page could be considered communication with a specific group of people, the state Supreme Court has determined allocatur was ?improvidently granted.?
TheLegalIntelligencer.com

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Fresh Ink: Inside Today's Legal - March 20

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TheLegalIntelligencer.com

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Fresh Ink: Inside Today's Legal - March 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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Supreme Court Invalidates Medical Treatment Claims as Unpatentable Subject Matter

The U.S. Supreme Court?s March 20 decision in Mayo v. Prometheus invalidated patent claims when they invoke a law of nature but do not "confine their reach to particular applications of those laws."
TheLegalIntelligencer.com

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Fresh Ink: Inside Today's Legal - March 23

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TheLegalIntelligencer.com

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Volunteer Opportunities Around the Philadelphia Region

Attorneys have received the great gift of knowing about the law, how to navigate it and how to help people with their legal issues, and they bear some responsibility for sharing it with others.
TheLegalIntelligencer.com

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Documents: NY police infiltrated liberal groups

NEW YORK (AP) - Undercover New York Police Department officers attended meetings of liberal political organizations and kept intelligence files on activists who planned protests around the U.S., according to interviews and documents that show how police have used counterterrorism tactics to monitor even lawful activities.
TheLegalIntelligencer.com

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Judge denies Stanford's motion for new trial

HOUSTON (AP) - A federal judge has denied a new trial request from former Texas financier R. Allen Stanford, who was convicted of fraud in a $ 7 billion Ponzi scheme.
TheLegalIntelligencer.com

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Defense Seeks New Jury Panel in Wake of Guilty Plea in Priest Sex-Abuse Case

The lawyers for the two remaining defendants in the Catholic Archdiocese of Philadelphia sex-abuse case both moved today to strike the jury in the wake of a third co-defendant's guilty plea.
TheLegalIntelligencer.com

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DEP: W. Pa. mine blowout not caused by blasting

HOOVERSVILLE, Pa. (AP) - The state Department of Environmental Protection says blasting near a southwestern Pennsylvania coal mine didn't release water from an abandoned mine nearby, which flooded roads and a bridge.
TheLegalIntelligencer.com

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Suit Against New York Law School Thrown Out

A New York trial judge has dismissed a proposed class action brought against New York Law School by nine alumni who claimed the school misrepresented its graduates' success in finding legal jobs.
TheLegalIntelligencer.com

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Florida Child Issues Including Custody, Visitation and Time-Sharing Can Be a Challenge for Parents

Written by: Lenorae Atter, Attorney at Law

As a Jacksonville, Florida divorce lawyer, I handle cases dealing with primary time-sharing issues, previously known as custody battles. In representing one parent against the other, my job is not only to represent my client, but to also make certain that in doing so I am preserving what is in the best interest of the child. The best interest of the child standard is used throughout almost every state in determining issues such as custody, time-sharing, visitation, parental responsibility, and the like. When the best interest of the child is in jeopardy the courts find it their duty to protect the children from irreparable harm, both physically and mentally.

A parent who fights for custody simply because she or he does not want to pay child support or simply because she or he needs child support, are not looking out for the best interest of the child, but their own best interest. This type of divorce and custody dispute can lead parties to make poor decisions for the children and cause a rift in their relationship with the children and also with the other parent, thus making it difficult to make big decisions together for the sake of the children. Once the case is over, the judge does not have a magic wand to put all relationships back as if the battle never occurred. Typically, the child will then grow-up with parents that barely communicate and the child may or may not have a solid relationship with each parent at the end of the day.

Bringing children into your legal battle is not for the child's benefit. The child should be protected from the divorce battle or custody battle that is ongoing with the other parent. When the court is looking to which parent is the best choice to take care of the child the majority of the time, the judge typically looks for which parent is more likely to look after the interests of the child, help to foster a good relationship with the child and the other parent, etc. A drawn out dispute that leads to false allegations and actions of emotional or physical harm to a child is not going to bode well with any judge in Florida. Therefore, keeping these things at bay as parents, and trying to resolve matters in a light most favorable to the kids is more important than the financial strain of paying child support.

Jacksonville Divorce Lawyer Blog

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Falcons and NFL Sue Former Players Over Workers' Comp

The NFL and the Atlanta Falcons are suing nine former Falcons players to force them to litigate workers' compensation cases in Georgia rather than in California, where dozens of current and former NFL players have sought compensation for injuries sustained from playing football.
TheLegalIntelligencer.com

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Foxwoods Says Obermayer Sued Wrong Client in Seeking $1 Mil. in Fees

In its response to a suit against it by Obermayer Rebmann Maxwell & Hippel for nearly $ 1 million in unpaid attorney fees, Foxwoods Development Co. said the firm sued the wrong client.
TheLegalIntelligencer.com

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Sandusky Lawyer Asks Court to Dismiss All Charges

In a move he had already forecasted, the attorney representing Jerry Sandusky has filed a motion to dismiss all charges against the embattled former Penn State assistant football coach.
TheLegalIntelligencer.com

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Ex-Priest Pleads Guilty to Sex-Abuse Charge, Sentenced Immediately to 2.5-5 Years

A former priest pled guilty to charges he sexually abused a 10-year-old boy and he conspired with officials to conceal his history of sexual abuse from Catholic Archdiocese of Philadelphia parishioners.
TheLegalIntelligencer.com

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Judge Allows Additional Defendants in 'Kids-for-Cash' Civil Suit

A federal judge hearing arguments in the wake of the kids-for-cash scandal has allowed 45 new plaintiffs to enter the suit.
TheLegalIntelligencer.com

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Custodian blames corruption for Harrisburg woes

HARRISBURG, Pa. (AP) - The state-appointed custodian overseeing the finances of Pennsylvania's capital says the city's fiscal crisis is the result of 20 years of corruption and mismanagement.
TheLegalIntelligencer.com

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Justices Extend Protections to Plea Bargain Process

Recognizing the dominance of plea bargains over trials in the criminal justice system, the U.S. Supreme Court voted 5-4 on Wednesday to extend Sixth Amendment protections to the plea bargain process and said defendants can sue their lawyers for ineffective assistance if they mishandle plea offers.
TheLegalIntelligencer.com

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Judge OKs Majority Of Claims in Egg Price-Fixing MDL

U.S. District Court Judge Gene E.K. Pratter of the Eastern District of Pennsylvania issued a ruling on Tuesday allowing the majority of indirect purchaser claims in the multidistrict class action litigation over alleged price-fixing for eggs and egg products to move forward, marking another setback for the dozen-or-so defendants.
TheLegalIntelligencer.com

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Ex-Wife Can Get Benefits, but Could Face Suit From Estate

Adele Kensinger is entitled to the $ 76,000 in her late ex-husband's retirement plan, but his estate is equally entitled to enforce the waiver she signed giving up her right to collect the benefits once they have been distributed, the 3rd U.S. Circuit Court of Appeals ruled Tuesday.
TheLegalIntelligencer.com

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Judge Rules on Cross-Examination's Scope in Archdiocese Sex-Abuse Case

An attorney for a former priest accused of sexually abusing a youth can cross-examine the priest's accuser on whether he was motivated to make up abuse allegations because he was expelled in the ninth grade from his archdiocesan high school, the judge in the Catholic Archdiocese of Philadelphia sex-abuse case ruled Wednesday.
TheLegalIntelligencer.com

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Phila. Personal Injury Firm Sues Former Name Partner

Philadelphia personal injury firm Weinstein Schleifer & Kupersmith has filed suit against former partner Norman J. Weinstein in Philadelphia Common Pleas Court, alleging, among other things, that he used the firm's money to fund his own side businesses and, upon leaving the firm for Galfand Berger, poached clients and referral sources.
TheLegalIntelligencer.com

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Fresh Ink: Inside Today's Legal - March 21

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TheLegalIntelligencer.com

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Recent Amendments to Pa. R.A.P. 311 & 342

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TheLegalIntelligencer.com

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Drinker Biddle Owed $877K in Fees in Boy Scouts Lease Dispute

The city of Philadelphia lost its attempt for a new trial in its lease dispute with the Boy Scouts of America and now owes the scouts $ 877,000 in attorney fees for Drinker Biddle & Reath's work on the case.
TheLegalIntelligencer.com

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Little High Court Consensus on Life Without Parole for Juveniles

Arguments over the constitutionality of a sentence of life in prison without the possibility of parole for juveniles provoked strong comments but no clear consensus at the U.S. Supreme Court on Tuesday.
TheLegalIntelligencer.com

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Ex-Drinker Biddle Partner Disbarred for Falsified Application

The Maryland Court of Appeals disbarred Darlene Smith, a former partner in Drinker Biddle & Reath's Washington office, for altering documents as part of her application to the D.C. bar, according to an opinion released Monday.
TheLegalIntelligencer.com

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Going Through a Florida Divorce with a House Under Water

Written by: Lenorae Atter, Attorney at Law

A Florida divorce in today's economy can be tricky given the financial circumstances in which many people find themselves. Though there is economic recovery, the fact remains that many people are still underwater when it comes to their homes or properties and Jacksonville, Florida is no different. In a Florida divorce, the assets and the debts accumulated during the marriage are equitably divided in accordance with Florida Statute 61.075. An equitable distribution of property and debt can often be unequal if there is a disparity in the incomes or there is more than one significant debt held by the parties, then dividing the responsibility for each can be challenging.

In Florida, most often the home is often ordered to be sold unless the parties have a minor child. Given the marketplace and the realities facing many people who are upside down on their home, equitably dividing house debt can be a challenge. The concern for many is that even if the house were to be placed on the market, there is no way to recover the actual amount owed, so a short sale would have to be approved. Therefore, the parties are on the hook for whatever portion is remaining as a set-off. Also, the concern is that if one party is to take the home, then there is a strong likelihood that at some point, that party will be living rent free in the home until kicked out by foreclosure, thus strapping the other party with an unnecessary debt.

Recently, a Florida couple was divorcing and the wife wanted to keep the marital home because she did not want it to be foreclosed upon or sold as a short sale given her credit. The trial judge awarded her the home, but did not divide the debt owed on the home since there was a strong likelihood, in today's economy, that she would end up living there rent free until kicked out by a foreclosure process. The trial court even noted the reality that many people are just turning in their keys and walking away from the home, thus not thinking it pertinent to divide the debt between the parties equitably.

The 3rd District Court of Appeals in Florida felt differently and found that the legal basis provided by the trial court for not dividing the debt was insufficient. The appellate court ruled that the legal rational by the trial court was not enough to actually defeat the Florida law requirement for equitable distribution. In its opinion, the court found that even if the parties were to walk away from the property, they could be strapped with a deficiency judgment, which would allow the bank to collect against one or both of them. Therefore, the court ordered that the foreseeable debt regarding the home did need to be equitably distributed to the parties.

In a divorce the marital home is often sold and the parties equally take responsibility for any debt owed or they equally take the net profit. The party that takes care of the payments while the house is on the market, or kept, is often given a credit for the payments made since the divorce. With the realities of foreclosure in Florida, the fact remains that there may be no debt to inevitably divide, but the court should at least provide a provision for how the debt will be paid if there ever is a deficiency.

Jacksonville Divorce Lawyer Blog

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Letter to the Editor:: Letter: Assertion Regarding Lokuta Is Wrong

The article appearing in The Legal Intelligencer on March 6 ("When Are Men Going to Put an End to the Boys' Club?" by Editor-in-Chief Hank Grezlak) contains the following assertion:
TheLegalIntelligencer.com

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Justices Find Diagnostic Process Not Patentable

In a decision with important implications for the evolving field of personalized medicine, a unanimous U.S. Supreme Court on Tuesday invalidated two patents on a diagnostic test used in connection with the treatment of autoimmune diseases.
TheLegalIntelligencer.com

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Phila. Jury Awards $4.6 Mil. for Painter's 40-Foot Fall

A Philadelphia jury awarded $ 4.6 million in compensatory damages to a man who fell 40 feet from a utility pole he was painting.
TheLegalIntelligencer.com

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Justices Consider In Vitro Survivor Benefits

The U.S. Supreme Court on Monday struggled to fit new reproductive technology into old Social Security definitions as it heard arguments over whether a child conceived in vitro after the death of the father is entitled to survivor benefits.
TheLegalIntelligencer.com

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Accusers' Treatment Records Might Be Turned Over in Sandusky Case

State prosecutors may have to turn over psychological treatment records of individuals accusing former Penn State assistant football coach Jerry Sandusky of sexual abuse.
TheLegalIntelligencer.com

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FAA Trumps Pa. Law on Arbitration After Class Action

The 3rd U.S. Circuit Court of Appeals has compelled arbitration between a nurse and the hospital in which she used to work, ruling that a class action waiver does not render an arbitration agreement she signed upon hiring unconscionable.
TheLegalIntelligencer.com

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Longtime Attorney, Ex-Army Colonel Dies

Joseph S. Ziccardi, longtime attorney, died March 14.
TheLegalIntelligencer.com

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Weil Gotshal Launches Princeton Office

Weil Gotshal & Manges, a 1,000-lawyer New York firm, opened a four-lawyer office Monday in Princeton, N.J., led by Dechert veteran litigator Diane Sullivan.
TheLegalIntelligencer.com

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Phila. Archdiocese GC on Leave, Conrad O'Brien Attorney Set to Take Interim Role

The decision by the Archdiocese of Philadelphia to place its general counsel on administrative leave appears to be the latest move in an effort by the new archbishop to bring in new outside and in-house legal counsel.
TheLegalIntelligencer.com

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Lynn Makes Sixth Amendment Argument Against Church Privilege

The lawyers for a Catholic church official charged with endangering the welfare of children allegedly abused by priests he supervised are arguing that their client's Sixth Amendment right to effective assistance of counsel would be violated if the Archdiocese of Philadelphia is able to assert an independent attorney-client privilege.
TheLegalIntelligencer.com

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Family Law: Guardian Ad Litem Source of Conflict in Several Family Court Cases

Since attorney Danielle M. Ross became Lackawanna County's guardian ad litem in 2008, court records show that several litigants and their attorneys petitioned to have Ross removed from their cases.
TheLegalIntelligencer.com

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Appeals: Judge Holds Lawyer-Witness in Contempt for Comment to Juror

A Philadelphia judge said when a witness - who is a lawyer - spoke to a juror in the middle of a trial while advocates in the case were engaged in a sidebar conference, he was in contempt of court.
TheLegalIntelligencer.com

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3rd Circuit Slashes E-Discovery Costs to Be Recovered

A bill of more than $ 360,000 to be recovered by defendants for electronic discovery costs has been slashed by more than 90 percent, as 3rd Circuit Judge Thomas Vanaskie said for the three-judge panel that organizing electronic files cannot be considered part of the copying expense.
TheLegalIntelligencer.com

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Family of Drunk Woman Sues Police over Death

In December, we wrote that the family of Diana Paz was likely to sue the police for the 25-year-old woman’s death, and last week the lawsuit was finally filed.

Diana Paz had been out drinking in September when she was pulled over by a police for driving the wrong way down the street in the early morning hours. Paz was arrested on suspicion of drunk driving and taken to the Westchester Police Department, reports the Chicago Tribune. The police held Paz for a couples hours before she posted bond and was released.

Because Paz had no money, no cell phone, or no way of getting home, the arresting officer decided to drop the young woman off at a nearby gas station where presumably she would call someone to pick her up. Instead of calling for a lift, Paz decided to walk home and was struck and killed by a pickup truck shortly after police left.
Paz's family is now questioning how the police could have left the drunk woman alone in the middle of the night at a gas station when she had no way of getting home. In a wrongful death lawsuit, the family will have to show that the police acted negligently or carelessly in leaving the woman alone and that this carelessness caused Paz's death.
The issue in this case will likely revolve around causation and the foreseeability of the harm. Paz's family would likely argue that had police kept Paz at the station until she sobered up, she would likely still be alive today. A pretty strong argument.
On the other hand, the police could defend its actions as being stupid, but not directly responsible for Paz's death. After all, they could not have predicted that Paz would walk home and that a pickup truck driver would strike her.
The family of Diana Paz brought a wrongful death lawsuit, and it will be up to a court to decide who is to blame for the young woman's death.
Related Resources:

Find a Chicago Personal Injury Attorney (FindLaw)
Family files lawsuit over highway death (ABC)
Proving Fault: What is Negligence? (FindLaw)

The Chicago Personal Injury Law Blog

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Lackawanna County Guardian Ad Litem Sued In Federal Court

A Lackawanna County man has sued the county's guardian ad litem in federal court, along with the Lackawanna County Common Pleas Court, alleging the family court's guardian ad litem program deprived litigants of constitutional rights.
TheLegalIntelligencer.com

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Workers' Compensation: Justices' Split Gives WCJs Discretion in Suspending Benefits

The state Supreme Court has come back evenly divided on whether language in the Pennsylvania Workers' Compensation Act requires a workers' compensation judge to deprive an injured worker of medical benefits on top of wage loss benefits when that worker fails to attend a required physical examination after claiming workers' compensation
TheLegalIntelligencer.com

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Paralegals: Some TIPS — Trial Issues and Practical Solutions — for Paralegals

There is a famous saying: "Today's preparation determines tomorrow?s achievement." In the whirlwind of trial preparation, it is easy for paralegals to become absorbed in the assignments of indexing depositions, preparing exhibits and conducting research. However, paralegals also need to be aware of the practical aspects of preparing a case for trial.
TheLegalIntelligencer.com

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What Can I Do; My Ex Has a New Spouse and Is Trying to Stop Paying Me Alimony in Florida?

Written by: Lenorae Atter, Attorney at Law

Alimony in a Florida divorce can be challenging to understand because it factors in multiple things, including the need for alimony and an ability to pay alimony. Once the divorce is final and alimony is awarded, the case is not really over. As a Jacksonville divorce lawyer, one thing I have recognized over the years is the repeat client. Unfortunately, while the divorce may be trying, getting someone to pay alimony, even when ordered, can be tricky. The paying party and the receiving party may find themselves back in court for a modification before the alimony is paid in full. A modification can be done when one or both parties have a substantial change in circumstance (i.e. health issues, long-term unemployment, etc.). Another factor that impacts alimony is cohabitation of the receiving party. Co-habitation is factor because it is believed that if you are living with someone, then you are receiving some financial support from them, thus impacting your need for alimony.

Often, clients will ask me whether the court will consider the co-habitation of the paying party as well. This is more common when the new girl/boyfriend or husband/wife makes a decent income. Recently, the Florida appellate court decided that such a relationship is a fact to be considered in determining whether the paying party has an actual ability to pay alimony as previously ordered. First, the appellate court in a recent case found that the alimony paying former husband could not rely on his co-habitation for purposes of modifying alimony. Morrell v. Morrell, 2D10-303 (Fla. 2nd DCA March 14, 2012). However, the court then ruled that his live-in companion's financial assistance could be considered in determining whether he had an ability to pay alimony. The reason is that the Former Husband's companion's financial contributions more than likely reduce the Former Husband's actual monthly expenses, thus decreasing his financial burden.

A live-in companion would most likely not voluntarily provide his/her records to a prior spouse, so speak with an attorney to find out the best way to get the pertinent records. Most likely, a request for such financial information will need to be limited to the issues before the court and an attorney can best help in preparing the request. Be prepared for some push-back because the release of financial information is often very personal to people, so you have to be prepared for any type of ability to communicate with your ex to dissipate with such a request. However, alimony is often designed to help an individual with his/her daily expenses and is relied upon, so at the end of the day, the request is not personal, it's just business.

Jacksonville Divorce Lawyer Blog

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Young Lawyer: A Win Is a Win: Appreciating the Momentum Minor Victories Create

In law school, wins were easily quantifiable and identifiable. A high grade on an examination, beating the resident class "gunner" to a tough question of law posed by a difficult professor and receiving the CALI Award for the highest grade in a class were all clear, black-and-white wins.
TheLegalIntelligencer.com

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Bankruptcy Update: Arbitrating Bankruptcy Disputes: Pursue Timely or Risk Losing Rights

Bankruptcy court is typically not the preferred venue for a nondebtor to conduct litigation. As a result, the existence of an arbitration clause within a contract giving rise to a dispute with a Chapter 11 debtor can create an invaluable option for the nondebtor litigant. However, though bankruptcy courts will generally honor a right to arbitration, it must be timely raised and pursued to avoid losing it.
TheLegalIntelligencer.com

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Asset Management: Planning for Proposed Changes in the Tax Code

In the movie "Groundhog Day," the character played by Bill Murray was forced to relive the same day over and over again. For taxpayers and their advisers, 2012 may very well be a version of "Groundhog Day" as we relive all of the uncertainty of 2009 and 2010.
TheLegalIntelligencer.com

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Intellectual Property: Does the America Invents Act Signal an End to 'Patent Trolls'?

When the boy-wizard Harry Potter and his pals encountered a fearsome mountain troll in the movie "Harry Potter and the Sorcerer's Stone," it took toughness, teamwork and some timely magic to knock out the ugly beast with his own club.
TheLegalIntelligencer.com

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Litigation: When Can You Seek to Vacate an Arbitration Award Tainted by Fraud?

In my last column, I described how Bob finally got it right, up to a point anyway. In response to a petition to vacate an arbitration award in favor of his client.
TheLegalIntelligencer.com

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Fresh Ink: Inside Today's Legal - March 12

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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Pinterest for Lawyers: Marketers Say Waste of Time and Copyright Issues Uncertain

According to Law Technology News, ?A new report from ALM Legal Intelligence finds that after years of showing only tepid interest in social media, the legal industry is beginning to recognize the significant-and multipronged-value that blogs and social networking sites can offer.?Of course, legal marketers are asking, ?Is Pinterest activity important for law firm social media and legal marketing strategy?? My answer is, as always, it depends.
TheLegalIntelligencer.com

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Pinterest for Lawyers: Marketers Say Waste of Time and Copyright Issues Uncertain

According to Law Technology News, ?A new report from ALM Legal Intelligence finds that after years of showing only tepid interest in social media, the legal industry is beginning to recognize the significant-and multipronged-value that blogs and social networking sites can offer.?Of course, legal marketers are asking, ?Is Pinterest activity important for law firm social media and legal marketing strategy?? My answer is, as always, it depends.
TheLegalIntelligencer.com

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Fresh Ink: Inside Today's Legal - March 13

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TheLegalIntelligencer.com

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Fresh Ink: Inside Today's Legal - March 14

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TheLegalIntelligencer.com

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Fresh Ink: Inside Today's Legal - March 14

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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U.S. Gov't Subject to Suit for Overseas Patent Infringement

The U.S. government is subject to patent infringement claims for products made outside the United States using patented processes and then imported into the country for use by a government contractor.
TheLegalIntelligencer.com

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Workers' Comp. in the Pa. High Court Tonight on 'The American Law Journal'

How often do you see a workers' compensation matter go before the Supreme Court? This month, the Pennsylvania high court has heard four such cases.
TheLegalIntelligencer.com

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Report Says Stevens' Prosecution Mismanaged

In a 525-page report released March 15, a special prosecutor detailed the mismanagement that he believed characterized the Justice Department's handling of the prosecution against late Alaska Sen. Ted Stevens.
TheLegalIntelligencer.com

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Superior Court Rejects Piercing Corporate Veil of LLC

The state Superior Court has ruled that the corporate veil of a limited liability corporation can't be pierced just because the LLC's only purpose was to hold the stock of a corporation that acquired loss-inducing leasehold interests in nursing homes.
TheLegalIntelligencer.com

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Defense Parries Verdict Sheet Attack in Asbestos Case

The defendants in a hotly contested Philadelphia asbestos case said in court papers that the verdict sheet in the case was not developed because of alleged ex parte contact by the defense lawyers.
TheLegalIntelligencer.com

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Fresh Ink: Inside Today's Legal - March 15

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TheLegalIntelligencer.com

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Fresh Ink: Inside Today's Legal - March 16

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TheLegalIntelligencer.com

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Coming Clean With the IRS on Client Foreign Assets

After collecting more than $ 4.4 billion from approximately 15,000 U.S. taxpayers who sought to ?come clean? and report income from foreign bank accounts, the Internal Revenue Service has opted to open, for a third time, the voluntary compliance program, albeit with a higher penalty rate than in the past.
TheLegalIntelligencer.com

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Barely Legal: An Overheard Conversation

After collecting more than $ 4.4 billion from approximately 15,000 U.S. taxpayers who sought to ?come clean? and report income from foreign bank accounts, the Internal Revenue Service has opted to open, for a third time, the voluntary compliance program, albeit with a higher penalty rate than in the past.
TheLegalIntelligencer.com

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Payout of insurance judgment blocked again

NEW ORLEANS (AP) - A state appeals court has blocked policyholders of Louisiana Citizens Property Insurance Corp. from collecting more than $ 100 million for the company's failure to handle claims quickly enough following the 2005 hurricanes.
TheLegalIntelligencer.com

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Diluted drugs victims want civil suit reopened

KANSAS CITY, Mo. (AP) - Several of those who agreed to a 2002 settlement with two pharmaceutical companies over the dilution of cancer drugs by a Kansas City pharmacist have asked a judge to reopen the civil case, believing they were unfairly compensated and the settlement was legally flawed.
TheLegalIntelligencer.com

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Citi Report Shows Pa. Firms Lag in Revenue, PPP Growth

Pennsylvania law firms were closely aligned with their national counterparts when it came to 2011 financial performance, with the exception of a few key indicators, according to data broken out from Citi Private Bank Law Firm Group's 2011 flash report.
TheLegalIntelligencer.com

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Penn State: AG subpoenaed 'a number' of employees

STATE COLLEGE, Pa. (AP) - Penn State's in-house lawyer says state prosecutors have served subpoenas on "a number of other university employees," but she isn't elaborating.
TheLegalIntelligencer.com

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Senate Deal Allows Confirmation Votes for 14 Judicial Nominees

After months of backlog and partisan recrimination, Senate leaders reached an agreement to move forward with judicial nominees Wednesday afternoon that assures 12 federal district court judge picks and two circuit court selections will get confirmation votes before the summer.
TheLegalIntelligencer.com

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Juror Conducts Web Research Pretrial, Held in Contempt

In the first known New Jersey case of a juror punished for doing his own Internet research, a Bergen County, N.J., judge has imposed a $ 500 criminal contempt sanction on a jury foreman whose actions led to a mistrial.
TheLegalIntelligencer.com

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Plaintiffs Firms Target Another 20 Law Schools

It appears that those lawsuits against law schools will keep coming.
TheLegalIntelligencer.com

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Analysis: Letting Shareholders Decide Merger Fate a Lesson in Delphi, El Paso, Experts Say

Legal experts who focus on the Delaware Court of Chancery's blistering criticism of two separate chief executive officers in recent opinions are missing the decisions' point, two corporate attorneys say.
TheLegalIntelligencer.com

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Cozen Grows Revenue 6 Percent, PPP 8.3 Percent

Cozen O'Connor had a strong financial showing in 2011, bringing in historic highs for the firm when it came to gross revenue, revenue per lawyer and profits per equity partner.
TheLegalIntelligencer.com

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Planned food-stamp asset test gets first hearing

HARRISBURG, Pa. (AP) - Advocates for food-stamp recipients in Pennsylvania are lining up against a Corbett administration plan to bar the aid for people who have more than a certain amount of assets.
TheLegalIntelligencer.com

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Ex-Pa. township supervisor sentenced in tax case

PHILADELPHIA (AP) - A former southeastern Pennsylvania township supervisor must spend four years in prison under the terms of his plea deal in a $ 1.2 million tax evasion scheme.
TheLegalIntelligencer.com

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Judge Says Wyeth's Appeal in Reglan Litigation Should Wait

A Philadelphia judge said an appeal by Wyeth Pharmaceuticals of her decision not to dismiss digestive drug products liability claims filed against the drugmaker at the preliminary objections stage should be quashed.
TheLegalIntelligencer.com

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Defense wants foreign jury in Erie suitcase trial

ERIE, Pa. (AP) - The attorney for an Erie woman accused of starving her 14-month-old daughter whose body was found in a suitcase is renewing his request for an out-of-county jury.
TheLegalIntelligencer.com

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Can Florida Impose Interest on Child Support Arrearage?

Written by: Lenorae Atter, Attorney at Law

Florida child support is calculated based on child support guidelines established by statute. In Florida, child support is based on the combined income of the parties and their pro rata (apportioned rate) that they each contribute. The calculation allows for credits to be given the to the parent that pays child's insurance and daycare expenses. As a Jacksonville family lawyer, I often explain to clients that child support is based on their relative incomes because the child is entitled to live as if the parents were under the same roof. However, once child support is established, the court can enforce any back-owed child support up to two years from the date of the original filing of a petition for support. In that situation, the court can actually establish arrearage that must be paid back, sometimes at a minimal rate.

Recently, there was an appeal regarding whether child support arrearage can have an interest rate attached to it and if there can be a change to how it is paid back, since often it is at $ 20 per month. The Florida appellate court laid out the following guidelines for establishing interest and payments:

a. That a final order creates or establishes the presumption that the responsible party has an ability to pay the child support ordered and a presumption that the paying party would have the ability to pay the purge amount (full amount owed) at the time of a contempt hearing. A contempt or enforcement hearing is normally held when one or both parties fail to perform in accordance with the court.
b. At the contempt hearing, the responsible party has the burden of proving that s/he lacks the ability to pay.
c. The installment payments established for back child support must be reasonable and an amount that has the child support arrearage paid back by the time the child reaches the age of majority (18 or graduates from high school).
d. If the receiving party requests an interest be charged, then the court must grant the interest. The interest would start at the time when the obligation was due.

What this helps to establish is that there is an ability to get interest on past owed child support. Interest is determined by Florida statute and is often updated on an annual basis given changes in inflation. The other factor that this helps establish is that back-owed child support needs to be pain, in full, by the time the child support obligation ends so that there are not pending payments owed until the child is in his/her 50s, since that defeats the point of child support as it is intended by law.

Jacksonville Divorce Lawyer Blog

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Judiciary Braces for Congressional Budget Cuts

The policy-making arm of the federal judiciary Tuesday discussed steps to reduce costs as workload increases and congressional budget cuts loom.
TheLegalIntelligencer.com

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Merger Sabotage Not Damage Element Under Computer Fraud Law

An Eastern District of Pennsylvania judge has ruled that allegations that a former chief technology officer sabotaged a planned merger by sending information stored securely on executives' computers to potential suitors did not bring into play the protections of the federal Computer Fraud and Abuse Act.
TheLegalIntelligencer.com

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Rankings Drop Is Latest Issue Faced By Rutgers-Camden

Rutgers School of Law-Camden is not having an easy go of it as of late.
TheLegalIntelligencer.com

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DEP Staff Changes Not Unusual After Administration Shift, Lawyers Say

A pair of recent resignations in the state Department of Environmental Protection has prompted some attorneys and industry watchers to cry foul, while others insist the personnel changes are par for the course after a change in the gubernatorial administration.
TheLegalIntelligencer.com

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Lawmakers debate pay cutoff for budget gridlock

WASHINGTON (AP) - t might be dismissed as an election year gimmick by the big shots who run Capitol Hill, but frustration over Congress' failure to pass a budget since 2009 has given surprising momentum to a bill that would cut off lawmakers' pay if they can't - or won't - pass a budget blueprint.
TheLegalIntelligencer.com

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Family to Get $6 Million for University Park Railroad Death

Performer and dance instructor Katie Lunn never saw the train coming when her car was struck at a University Park train crossing. Witnesses to the accident, including an Illinois state attorney, say that the train crossing gate did not go down, lights did not flash, and there were no other warnings of an approaching train.

In a wrongful death lawsuit brought against the Illinois Central Railroad Company, the railroad company agreed to settle the University Park railroad death with Lunn’s family for $ 6 million, reports the Chicago Sun-Times.

In April 2010, Lunn was returning home from the American Dance Awards contest at Governors State University when she approached the Stuenkel Road crossing. Videos from the accident show a Chicago-bound Amtrak train barreling down the train tracks and a total absence of lights, bells, or other warnings that a train was coming, reports the Sun-Times. Witnesses to the accident confirmed the same thing.
Shortly before the deadly collision, it was reported that railroad crew members were performing work on the tracks. It's not clear what they were doing, but they may have been responsible for the warning signs not working.
Generally, in a wrongful death action, the plaintiffs have to show that the negligence or carelessness of the defendant resulted in the death. In this case, it seems pretty clear that the carelessness of the Illinois Central Railroad Company resulted in the warning signs not working and Katie Lunn's death. Even if the railroad workers did not turn off the warning devices, there is no other excuse for these warnings to have not worked. Instead of fighting a losing battle in court, the company decided to settle the case.
The family of Katie Lunn will receive $ 6 million for the University Park Railroad death. The warning signs should have been working, and if they had, Lunn would likely still be alive today.
Related Resources:

Find a Chicago Personal Injury Attorney (FindLaw)
$ 6 million settlement in rail crossing death (FindLaw)
Wrongful Death FAQ (FindLaw)

The Chicago Personal Injury Law Blog

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Judge considers plea deal in Utah mine collapse

SALT LAKE CITY (AP) -A federal judge is set to consider whether to sign off on a settlement agreement with the operator of a Utah coal mine that collapsed in 2007, killing nine people.
TheLegalIntelligencer.com

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Panel Rules Suit Against Casino Belongs Out of Philadelphia

A man suing a Bensalem, Pa., casino for a slip-and-fall may not bring his lawsuit in Philadelphia, the state Superior Court has ruled, affirming a Philadelphia judge's decision to move the lawsuit to Bucks County because the casino doesn't regularly conduct business in Philadelphia.
TheLegalIntelligencer.com

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