find lawyers: 七月 2012

2012年7月19日星期四

Pa. monsignor seeks probation in landmark case

PHILADELPHIA (AP) - The first U.S. church official convicted of endangering children in the priest-abuse scandal asked Thursday for a sentence of house arrest or probation, calling a long prison term "cruel and unusual."
TheLegalIntelligencer.com

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Scalia says no 'falling out' with Roberts

WASHINGTON (AP) - Justice Antonin Scalia said he hasn't had a "falling out" with Chief Justice John Roberts over the Supreme Court's landmark 5-4 decision validating much of President Barack Obama's health care overhaul.
TheLegalIntelligencer.com

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Obituary: Longtime Phila. Law Firm President Dies

Daniel L. Thistle, president of the Thistle Law Firm in Philadelphia, has died.
TheLegalIntelligencer.com

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Justices Disbar Former Bucks Co. Deputy District Attorney

The state Supreme Court has disbarred Bucks County's former chief deputy district attorney, despite a recommendation by the Supreme Court's Disciplinary Board that he be suspended for five years.
TheLegalIntelligencer.com

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Judge Awards Fees In Extended Dispute Between Lawyers

In a battle over attorney fees that has been drawn out over eight years, a federal judge took a sharp tone this week in a 79-page opinion in which he expressed the "sincere hope" that it would close the dispute.
TheLegalIntelligencer.com

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2012年7月18日星期三

Superior Court Rules Unconstitutional Mandatory Life Sentence for Juveniles

Pennsylvania juveniles may not face mandatory sentences of life in prison without parole, the state Superior Court has ruled, ruling the practice unconstitutional as a violation of Eighth Amendment rights.
TheLegalIntelligencer.com

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Atty: Pa. beating case no race-bias bellwether

PITTSBURGH (AP) - Pittsburgh police are no strangers to civil rights controversies.
TheLegalIntelligencer.com

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Voter ID Law Sparks Disenfranchisement Debate

HARRISBURG (AP) - With election day less than four months away, a debate is getting more intense over whether the new state law requiring voters to show specific photo identification at the polls will be a tool for disenfranchisement.
TheLegalIntelligencer.com

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Skinny Jeans Can Harm Testes; The Law of Comparative Fault

Sacrificing health for fashion isn’t exactly a new trend. After all, women have been wearing high heels since ancient Egypt. However, new research is showing that a more recent fashion trend could endanger that which men hold most dearly: their testicles.

There have been previous reports detailing the dangers of skinny jeans with regard to leg numbness and nerve damage. Now, the Telegraph is citing medical experts that are finding that skinny jeans pose an additional danger to male wearers: the twisted testicle.

Twisted testicles occur when tight trousers prevent the spermatic cord from moving freely, meaning it twists and leads to testicular torsion which cuts off the blood supply requiring immediate surgery to prevent a gangrenous testicle.

Where are my sweatpants again?

In all seriousness, is it all that shocking that wearing incredibly tight, thick material around the thighs and genitals is a bad idea? Common sense alone should tell us that.

And common sense, believe it or not, does play into the law. The law holds everyone to the standard of the reasonable person. Would the reasonable person restrict their reproductive organs in such an uncomfortable way in the name of fashion?

Let’s take it one step further. Could someone sue a jean manufacturer if he lost his left testicle to gangrene due to overly tight pants?

Possibly. If a manufacturer continues to sell a dangerous product after the dangers are known, there’s a strong possibility of a lawsuit there. This is especially true when there is a reasonable alternative design available, such as the Don Draper look.

However, even if the plaintiff were to get his lawsuit in front of a jury, Illinois law requires that the plaintiff’s damages be reduced by whatever percentage of fault is his own. In other words, the idiot in skinny jeans is held somewhat responsible for his own testicular torsion. And if a jury thinks that the wearer is more than 50 percent at fault, the manufacturer is completely off the hook.

So remember, skinny jeans, while fashionable, carry the risk of gangrenous testicles and nerve damage in the wearer’s thighs. And while a lawsuit might be theoretically possible, testicular torsion is not the best way to get a million dollar judgment.

Related Resources:

Consult a Chicago Personal Injury Attorney (FindLaw)

Skinny jeans may lead to ‘twisted testicles’ and other painful health problems for style-conscious men (New York Daily News)

Comparative Negligence (FindLaw’s Learn About the Law)

Riding a Bicycle Kills Your Sex Life? (FindLaw’s New York Personal Injury Law Blog)

The Chicago Personal Injury Law Blog

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Former Client Sues Duane Morris for $192 Million

The former head of a Maryland-based credit card processing company is seeking more than $ 192 million in damages from Duane Morris, alleging that the attorney he hired to assist him in selling a controlling interest in the company failed to disclose his relationship with the buyer, a Baltimore-based venture capital firm.
TheLegalIntelligencer.com

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Judge nixes Pa. soldier's Iraq electrocution suit

PITTSBURGH (AP) - A military contractor cannot be held liable in the death of a soldier who was electrocuted in his barracks shower at an Army base in Iraq, a federal judge said in dismissing a lawsuit brought by Pittsburgh-area soldier's mother.
TheLegalIntelligencer.com

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Obituary: Former Schnader Harrison Partner Dies

Ira P. Tiger, a former partner with Schnader Harrison Segal & Lewis, died June 2.
TheLegalIntelligencer.com

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Clement, Prolific in High Court Arguments, Reviews Latest Term

Lawyers representing pharmaceutical companies in litigation over off-label marketing may want to read up on the U.S. Supreme Court's decision in the so-called "Stolen Valor" case, former U.S. Solicitor General Paul Clement said Monday.
TheLegalIntelligencer.com

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Orie Melvin Loses Bid for Recusal of Allegheny Co. Bench

The six sitting justices on the Pennsylvania Supreme Court have denied a petition from their suspended colleague, Justice Joan Orie Melvin, to have the entire Allegheny County Court of Common Pleas bench recuse itself from the criminal case against her.
TheLegalIntelligencer.com

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2012年7月17日星期二

Judge Tosses Class Action Against Johnson & Johnson Over Recall

A federal judge has dismissed the second amended complaint filed by a nationwide class that had claimed it suffered economic damages from the recall of medicine, including Tylenol, manufactured in a now-closed Fort Washington, Pa., plant operated by a subsidiary of Johnson & Johnson.
TheLegalIntelligencer.com

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Omaha lawyer named to Nebraska Appeals Court

LINCOLN, Neb. (AP) - A 48-year-old Omaha lawyer has been selected for the 3rd Judicial District seat on the Nebraska Court of Appeals bench, the office of Gov. Dave Heineman said Tuesday.
TheLegalIntelligencer.com

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Ky Court: landlords could be liable for dog bites

NEWPORT, Ky. (AP) - An opinion by the Kentucky Supreme Court says landlords can be liable if their tenants' dogs bite people.
TheLegalIntelligencer.com

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Lawsuit: Cicero Cop Shot Unarmed Man in Back, Let Him Die

Another day, another police brutality and excessive force lawsuit, right? According to official reports and the Chicago Tribune, the shooting on July 6 in Cicero was simply a case of a cop shooting a gangster that pulled out his piece first. The article didn't even name the deceased.

According to the lawsuit filed last week, it was far more complicated than that. The complaint alleges that the deceased, Cesar Munive, was riding his bike when the police rolled up at high speed. One of the officers, Officer Dominick Schullo, pulled out his weapon and fired a bullet into Munive's back. The victim was then handcuffed and denied medical treatment during his last moments. He was unarmed.

The complaint also alleges an extensive cover-up attempt: A weapon was found a block away, then another gun was planted on the victim. Witnesses have allegedly been intimidated in person, via the phone, and at the victim's funeral. According to Berwyn Life, a police chopper even circled above the funeral, perhaps as a message of intimidation and display of power.

As for the Cicero Police Department, according to the complaint, they've stood by and watched as similar conduct has repeatedly occurred. The complaint argues that the police department should be liable, as the lack of repercussions creates a culture of permissiveness towards excessive force and police brutality.

The law underlying the claims is of the standard Section 1983 variety that we see so often in police brutality suits. Section 1983 is a federal law that allows victims to recover when their constitutional rights are violated "under the color of law", meaning the depriver was acting under their authority as a police officer or state official.

The complaint also alleges standard battery tort claims and a respondeat superior claim to tie it back to the employer. Battery is simply unwanted harmful or offensive contact. Respondeat superior is a theory that holds employers liable for the actions of their employees while those employees are on duty.

In the present case, which was filed by the victim's father on his behalf, the point of the redundant actions is to ensure that both the officer and the police department are liable. This is important because the department likely has deeper pockets than a street-level officer.

If the officer cannot afford to pay the damages, it falls upon his employer as well, especially since the shooting happened in the line of duty. Had the officer been off-duty and carrying a personal firearm, the department would be far less likely to be on the hook.

Much will be made of Cesar Munive's alleged gang affiliations and criminal record. The Berwyn Life reports that he has a record of battery convictions and misdemeanor sexual abuse. Nonetheless, that still doesn't justify, and is not relevant to, the alleged bullet in the back. The official investigation by the Illinois State Police is still pending.

Related Resources:

Consult a Chicago Personal Injury Attorney (FindLaw)
Vicious Police Abuses Alleged in Cicero (Courthouse News Service)
Police Misconduct and Civil Rights (FindLaw's Learn About the Law)
Did Harvey Police Officer Use Excessive Force, Cause Miscarriage? (FindLaw's Chicago Personal Injury Law Blog)

The Chicago Personal Injury Law Blog

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Court Says Nasdaq Can't Sue to Collect Disciplinary Fines

The state Superior Court has ruled that Nasdaq OMX PHLX Inc. — formerly the Philadelphia Stock Exchange — has no authority to file suit against one of its members in an attempt to collect disciplinary fines imposed under the federal Securities Exchange Act of 1934.
TheLegalIntelligencer.com

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Date set to hear motions for 2 ex-PSU officials

HARRISBURG, Pa. (AP) - A judge has set an Aug. 16 court date to hear oral arguments on pretrial motions in the case of two former Penn State officials charged with perjury and failing to report suspected child sexual abuse, Dauphin County Court officials said Tuesday.
TheLegalIntelligencer.com

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Judge Denies Doctor New Trial in Case of Test Question Theft

Dr. Sarah Von Muller is still on the hook to pay $ 91,114 to the American Board of Internal Medicine after she stole more than 50 questions from its gastroenterology certification exam, a federal judge has ruled.
TheLegalIntelligencer.com

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Judge Denies Doctor New Trial in Case of Test Question Theft

Cyberlaw: Cross Motions for Facebook Discovery Denied in Auto Case

An Allegheny County judge has denied cross-motions from parties seeking to discover information on the Facebook profiles of the two people involved in a fatal automobile collision, ruling that the plaintiff's request did not argue how the information would be relevant to a punitive damages claim, and that the defense motion relied on Facebook fodder that was not inconsistent with the plaintiff's claims.
TheLegalIntelligencer.com

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Tucker Arensberg Defeats Legal Malpractice Claim

Pittsburgh-based Tucker Arensberg has successfully defeated a legal malpractice claim by the former owner of a seed research and marketing company who claimed the firm had advised him that he could sell his shares in the company and begin competing using a similar name.
TheLegalIntelligencer.com

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2012年7月16日星期一

Family Law: Lackawanna Co. Outspends Others on Guardian Ad Litem Services

Lackawanna County's full-time guardian ad litem, Danielle M. Ross, made about $ 111,000 per year, nearly $ 72,000 of which was paid by the county, between 2009 and 2011, according to a recent report by the Administrative Office of Pennsylvania Courts.
TheLegalIntelligencer.com

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Paterno family denies Louis Freeh report findings

STATE COLLEGE, Pa. (AP) - Joe Paterno's family strongly denies the findings of a special investigator who described the late coach as one of four high-ranking Penn State officials who covered up child sex abuse allegations against former assistant Jerry Sandusky.
TheLegalIntelligencer.com

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Third Circuit Takes Skeptical View of Reverse-Payment Settlements

In a case of first impression, the U.S. Court of Appeals for the Third Circuit has deemed reverse-payment settlements in pharmaceutical patent cases prima facie evidence of unreasonable restraint on trade.
TheLegalIntelligencer.com

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Judge Denies Doctor New Trial in Case of Test Question Theft

Fresh Ink: Inside Today's Legal - July 16

Can't find a paper, but want a sneak peek at the stories inside The Legal this morning? Consider this your personal delivery service.
TheLegalIntelligencer.com

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Litigation: The Tar Heel State Steps Up Its Fight Against Fraud — Part I

Since the passage of the North Carolina False Claims Act in 2009, which became effective Jan. 1, 2010, North Carolinians have had a powerful weapon to combat fraud against their tax dollars and to return these funds to the state coffers. At the time it was passed, North Carolina joined 25 other states and the District of Columbia by enacting its own False Claims Act.
TheLegalIntelligencer.com

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Litigation: The Tar Heel State Steps Up Its Fight Against Fraud — Part I

Family Law: Until Death Do Us Part ... and Then What?

Most of us hope when we walk down the aisle with our partner it will be for life. However, in those instances when marriage ends in divorce, our hope changes to a desire to end the marriage and sever all ties.
TheLegalIntelligencer.com

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Commentary: Too Big to Succeed? Most Large Firms Today Are Overlawyered

What do we talk about when we talk about "BigLaw"? Let's be honest: We're not actually discussing specific law firms at all. We're really talking about an idea, a model, an approach to the market. "BigLaw" is shorthand for a particular type of law firm, one that employs hundreds of lawyers charging exceptionally high fees to deliver a wide range of standard commercial and dispute resolution services to corporate and institutional clients.
TheLegalIntelligencer.com

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2012年7月15日星期日

Eastern District Practice: Do's and Don'ts of Proposed Findings and Conclusions

In a great many cases, especially where the court sits as a finder of fact, courts may request proposed findings and conclusions from the parties, or the parties themselves may request the court to receive their proposed findings and conclusions. In all these circumstances, it is good advocacy to submit them in the best form. Proposed findings in a nonjury trial should be submitted pursuant to Local Civil Rule 16.1.
TheLegalIntelligencer.com

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GC Mid-Atlantic: Attorney-Client Privilege Within the Client Organization, Part III

This series of articles has explored the application of the attorney-client privilege within the client organization, using the context of an internal investigation as a point of reference.
TheLegalIntelligencer.com

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Employment Law: Use of Dated Bases for Termination Upheld in Age Bias Case

When counseling employers about the risks of terminating an employee, the adage "use it or lose it" often comes to mind.
TheLegalIntelligencer.com

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Young Lawyer: Career Advice Directed at Women Can Be Dismaying

Observing the Rajat Gupta trial was a different learning experience than a jobless 2L had planned: Marshals removed her from the courtroom after she sent the judge three unsolicited memos opining on his evidentiary rulings.
TheLegalIntelligencer.com

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Appellate Law: The 3rd Circuit's Supreme Court Report Card for the 2011-12 Term

The U.S. Supreme Court, in its just-completed term, issued a total of 65 signed opinions in argued cases and 10 summary reversals without oral argument.
TheLegalIntelligencer.com

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Legal Marketing: More on My Evening With Multimillion-Dollar Rainmakers

In my last article, I shared some observations and tips that I garnered from meeting with a handful of rainmakers who each had $ 5 million to more than $ 20 million in business annually.
TheLegalIntelligencer.com

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Environmental Law: 3rd Circuit OKs Project to Deepen the Delaware River

On a hot summer weekend, Philadelphians rush across the Ben Franklin and Walt Whitman bridges to the Jersey Shore while paying scant attention to the water flowing below them.
TheLegalIntelligencer.com

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Law Technology News: Content, Format Decisions Squeeze Law Library Budgets

The virtual library has come and gone,
the app library has arrived. No matter
what kind of tablet computer you use,
you need to access key applications.
TheLegalIntelligencer.com

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2012年7月14日星期六

Antitrust Law: The Antitrust Legacy of Judge Louis Pollak

Judge Louis Pollak wore many hats and robes over the 89 years of his life, all with marked distinction. He excelled as an appellate advocate, a law school professor, and a dean of two prestigious law schools. Yet, his greatest professional legacy, the role in which his talents and temperament were on utmost display, is his tenure as a federal judge.
TheLegalIntelligencer.com

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Fresh Ink: Inside Today's Legal and Pa. Law Weekly - July 10

Constitutional Claims of PHA Official Tossed by Third Circuit

Within 10 days of hearing arguments, a three-judge panel for the U.S. Court of Appeals for the Third Circuit has thrown out claims made by a former executive assistant at the Philadelphia Housing Authority that he had been retaliated against for constitutionally protected speech.
TheLegalIntelligencer.com

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Freeh Report Set to be Released Thursday

The findings of a team hired by Penn State to investigate university officials? response to sexual-abuse allegations against former assistant football coach Jerry Sandusky will be released on Thursday, the leader of the investigation announced Tuesday.
TheLegalIntelligencer.com

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Governance Lapses At PSU Highlighted In Internal Inquiry

Where did governance at Penn State go wrong? As top university officials concealed information about child abuse committed by Jerry Sandusky, the Board of Trustees failed on many levels, according to a report released Thursday.
TheLegalIntelligencer.com

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Settlements to Surface After Freeh Report, Attorneys Predict

Penn State's board of trustees admitted July 12 it "failed" in its oversight obligations regarding the Sandusky scandal. Louis B. Freeh, the former FBI director and judge hired to investigate the university's handling of former assistant football coach Jerry Sandusky, placed the bulk of the blame on the board and directly on four of the university's top leaders who he said "concealed" facts to avoid bad publicity.
TheLegalIntelligencer.com

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Social Media Done Right: Many Firms Slow to the Plate

In a conversation among various legal marketers, we discussed whether or not any law firms are "hitting the proverbial social media ball out of the park."
TheLegalIntelligencer.com

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Hold Placed on Most Appeals From N.J. Red-Light Camera Tickets

The New Jersey judiciary has administratively stayed adjudication of appeals from red-light camera tickets across the state until the technology is found to be up to statutory snuff.
TheLegalIntelligencer.com

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2012年7月13日星期五

Wells Fargo Agrees to Pay $175 Mil. to Settle DOJ Charges

Wells Fargo Bank agreed to pay at least $ 175 million to settle Justice Department charges that it discriminated against more than 34,000 qualified African-American and Hispanic mortgage applicants, steering them into subprime loans or charging them higher fees.
TheLegalIntelligencer.com

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Starting Salaries in Law Firms Continue Slide

The erosion of new associate hiring at law firms has resulted in a dramatic three-year decline in starting salaries for recent law graduates.
TheLegalIntelligencer.com

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Contractor in Soldier's Electrocution Is Off the Hook, Federal Judge Rules

Because the military made decisions regarding the faulty electrical systems in the housing for soldiers in Iraq, a federal judge ruled that the court cannot delve into the claims of negligence lodged against the contractor, Kellogg Brown & Root, that maintained the systems.
TheLegalIntelligencer.com

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Court Raises Evidentiary Standard for ChildLine Registry Reports

A split en banc Commonwealth Court raised the evidentiary standard for the state Department of Public Welfare to maintain information from certain child-abuse reports on its ChildLine and Abuse Registry.
TheLegalIntelligencer.com

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Penn Law to Offer Fellowship Focused On Human Rights

The University of Pennsylvania Law School is launching a human rights-focused fellowship program.
TheLegalIntelligencer.com

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The news media won’t tell you this, despite top source

"It can now be reported that many of the wildfires in the western United States have been started by highly trained and well equipped foreign terrorists," says an e-message that is making the rounds. It can now also be reported, by me, that so many gullible people pass me this sort of spam and seem to at least half believe it. This time, the terrorist warning has a few clues that even the more gullible might question.… Read More »
Tom Lyons: The Blog

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Former Dewey Partners Asked to Pay $103.6 Mil.

The leadership team overseeing the bankrupt remnants of Dewey & LeBoeuf laid out a proposed settlement plan to former firm partners Wednesday under which those partners are being asked to pay the Chapter 11 estate between $ 25,000 and $ 3 million each for a combined total of $ 103.6 million.
TheLegalIntelligencer.com

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Jane Dalton Receives Sandra Day O'Connor Award

When Jane Dalton became a summer associate at Duane Morris in 1970, she was seven months pregnant and there were no other women lawyers in the firm.
TheLegalIntelligencer.com

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Whistleblower Claims Allege Billions in Medicare Part D Fraud

A lawsuit alleging fraud from one of the largest private contractors for the Medicare Part D prescription drug plan, the centerpiece of President George W. Bush's overhaul of the Medicare system during his first term, could change the oversight of the multibillion-dollar program.
TheLegalIntelligencer.com

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2012年7月12日星期四

Former University GC Baldwin's Role in Inquiry Outlined

According to an investigative report, Penn State trustees said they felt former president Graham Spanier and former general counsel Cynthia Baldwin downplayed the seriousness of the grand jury investigating allegations that former assistant football coach Jerry Sandusky sexually assaulted boys on the university's campus.
TheLegalIntelligencer.com

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Former Pa. special ed prof faces more porn counts

GREENSBURG, Pa. (AP) - A former western Pennsylvania university professor who specialized in special education faces additional federal child pornography charges.
TheLegalIntelligencer.com

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Is Berwyn Cat Hoarder Home a Liability?

Many of us are of the mind that cats are filthy creatures. These odiferous filthy felines, in addition to offending your olfactory senses, can carry a litany of zoonotic diseases, including bacterial infections, fleas, ringworm, and rabies. We won’t even mention cat scratch fever.

Okay, so they’re not all bad. Cats are adorable, loving companions. However, when they are not treated properly by their owners, and not kept clean, they can present a danger to those susceptible to disease and infection. This is especially true for those owners who think bathing a cat is a bad idea.

It’s hard to keep your cats clean when you have more than 40 feline friends. A local Berwyn family had their house declared uninhabitable after officials responded to complaints about the smells coming from the home, reports the Chicago Tribune. Inside the home, officials found more than 40 cats and 3 dogs. On a second visit, they removed another 20 cats.

The copious cats could be a danger to the house’s occupants, including the married couple and their 14-year-old child. For example, recent studies have shown that cat ladies are far more likely to commit suicide. It’s not just loneliness either. There’s actually a bacteria in cat feces that leads to mental illness that makes violent suicide far more likely.

In addition to being a danger to the occupants, such a large herd of possible carriers could pose a danger to the neighbors as well. Those zoonotic diseases we mentioned earlier are far more likely to spread between the cats themselves, and the neighboring families and pets, when the cats are kept in such crowded quarters.

Should a neighbor, or a neighbor’s pet, catch a disease from the dirty dozens, the family’s negligence could cost them dearly. A person’s conduct is judged by the standard of the reasonable person. A reasonable person probably would not have more than 40 or 50 cats, nor would he live in a home that was so stained with urine and feces that it has been declared uninhabitable.

Such a living arrangement is simply a cat-astrophe waiting to happen.

Related Resources:

Consult a Chicago Personal Injury Attorney (FindLaw)

22 More Cats Caught in Berwyn Home (NBC Chicago)

Accused Cat Hoarder Made ‘Feline Stew’ with Dead Pets (FindLaw’s Phoenix Criminal Law News)

What about liability concerning my pets? (FindLaw’s Learn About the Law)

The Chicago Personal Injury Law Blog

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Is Berwyn Cat Hoarder Home a Liability?

Gas industry contributions to Pa. politicians down

PITTSBURGH (AP) - The gas drilling industry gave less money to Pennsylvania politicians in 2011, but spent more on lobbyists.
TheLegalIntelligencer.com

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Freeh Report: Paterno, Top Admins Concealed Sandusky Allegations in 1998

Former Penn State head football coach Joe Paterno, along with three of the university's top administrators, knew about abuse allegations against the football program's longtime defensive coordinator, Jerry Sandusky, as far back as 1998, a Penn State internal investigation has found.
TheLegalIntelligencer.com

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Yale Law Launches Ph.D. Program to Train Aspiring Professors

Interested in becoming a law professor? Yale Law School has a program for you.
TheLegalIntelligencer.com

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Freeh Report Released on Sandusky Scandal

Former FBI Director Louis Freeh has released his report on the Jerry Sandusky child abuse scandal enveloping Penn State University. Click here to view the report.
TheLegalIntelligencer.com

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Davis Polk Tapped By Comcast for Sale of A&E Stake

Comcast's NBC Universal unit announced Tuesday the $ 3.03 billion cash sale of its 15.8 percent stake in A&E Television Networks to joint venture partners Walt Disney Co. and Hearst Corp.
TheLegalIntelligencer.com

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NYC Requirement for Anti-Smoking Ads Rejected

A federal law on cigarette advertising pre-empts a New York City regulation requiring merchants to display in their stores gruesome pictures of lung disease, brain damage and decaying teeth, the U.S. Court of Appeals for the Second Circuit ruled Tuesday.
TheLegalIntelligencer.com

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2012年7月11日星期三

Ex-Del. Chancery Court Chancellor's Influence Seen in Glasscock's Opinions

Sam Glasscock's corporate governance judicial philosophy still remains a mystery to many even after the completion of his first year as a Delaware Court of Chancery vice chancellor.
TheLegalIntelligencer.com

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Justices Take Up Attorney-Client Privilege for Pa. Agencies

Picking up where Pennsylvania Chief Justice Ronald D. Castille left off in a dissenting opinion last year, the state Supreme Court has agreed to hear a case dealing with whether the Pennsylvania Turnpike Commission, currently under investigation by a grand jury, is entitled to attorney-client privilege as a state agency.
TheLegalIntelligencer.com

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Superior Court Finds 'Waiver Trap' in Orphans' Court Case

The state Superior Court appears to have set out a new rule requiring that litigants in Orphans' Court appeals have to file exceptions in order to preserve an appeal about the weight of the evidence.
TheLegalIntelligencer.com

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Pa. questioned by feds over drop in Medicaid rolls

HARRISBURG, Pa. (AP) - The federal government is asking why Pennsylvania's Medicaid rolls dropped over the past year, and is suggesting that some people might have been improperly kicked off.
TheLegalIntelligencer.com

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Fresh Ink: Inside Today's Legal - July 11

Tom Cruise Hires Blank Rome to Help With Divorce Case

Facing one of Hollywood's most high-profile divorce cases in recent years, Tom Cruise has turned to lawyers from Blank Rome — a firm with one of the top matrimonial practices among The Am Law 100 — to help negotiate a quick end to his nearly six-year marriage to actress Katie Holmes.
TheLegalIntelligencer.com

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Ex-Football Players, EA to Face Ninth Circuit

When football legend Jim Brown sued Electronic Arts Inc. in 2009 for using his likeness in its video games, EA argued that its games are expressive activity protected by the First Amendment.
TheLegalIntelligencer.com

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Paul Anapol, Plaintiffs Lawyer Who Sought Perfection, Dies

Paul Anapol, one of the founders of plaintiffs law firm Anapol Schwartz, was known for the standard of perfection he demanded in his work product on behalf of injured clients.
TheLegalIntelligencer.com

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2012年7月10日星期二

Judge Finds Lundy Law Breached Referral Fee Agreement in HRT Case

A Philadelphia judge has found the Lundy Law firm breached its contract with a referring attorney over a referral fee, but her order has left unresolved how the referral fee will be awarded given several firms won the damages and only one signed the referral fee agreement.
TheLegalIntelligencer.com

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Third Circuit Tosses Township's Claims Against Airport Expansion

The expansion of Philadelphia's airport shed one legal impediment when the U.S. Court of Appeals for the Third Circuit on Friday tossed the claims made by Tinicum Township, which neighbors the airport.
TheLegalIntelligencer.com

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Buona Vita Meat Recalled for Listeria Threat

New Jersey-based Buona Vita Inc. recalled over 300,000 pounds of frozen, ready-to-eat meat and poultry products produced in May, reports Reuters. The recalled meat-based products included meatballs, chicken and beef patties, and loafs of chicken and beef.

The health risk has been rated as "high", so you'll want to make sure none of the infected meat is in your home.

The U.S. Department of Agriculture's Food Safety Inspection Service, or FSIS, discovered the possible contamination through testing. The bacteria in question, Listeria, made news last year when more than 30 people died from listeria-ridden cantaloupe from Colorado.

Listeria thrives in low temperatures and the associated illness, listeriosis, has a long incubation period that can last months before symptoms appear in a person that has consumed tainted foods. According to the Centers for Disease Control, symptoms include gastrointestinal side effects, fever and muscle aches, and flu-like symptoms. Rarely, death can result. Older adults, pregnant women, newborns, and adults with weakened immune systems are especially vulnerable.

Buona Vita could have a serious problem on their hands, if the outbreak reaches the levels of last year's cantalope catastrophe. Such an outbreak would almost certainly lead to lawsuits and intense inspections of their facilities and meat production processes.

Even if everything checks out, the theory of res ipsa loquitor could still mean a judgment for hypothetically sick people. The theory means that the negligence is self-evident from the facts and the injuries could not have happened absent negligence.

In short, the argument is that listeria doesn't just pop up in meat. It happens when someone, somewhere, does not follow proper preparation, handling, or storage techniques. Let's hope, for the sake of the consumers and the meat producers, that the outbreak is minimal.

Related Resources:

Consult a Chicago Personal Injury Attorney (FindLaw)

Baby Dies After Taking Contaminated Tylenol; Parents Sue (FindLaw's Chicago Personal Injury Law Blog)

Types of Food Poisoning: Listeria / Listeriosis (FindLaw's Learn About the Law)

Listeria in Cantaloupe: Lawsuit to be Filed (FindLaw's Injured Blog)

The Chicago Personal Injury Law Blog

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Calif. Supreme Court favors death row inmate

SAN FRANCISCO (AP) - The California Supreme Court says a death row inmate sentenced to die for a Bakersfield killing should get a competency evaluation or a new trial.
TheLegalIntelligencer.com

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Ky. Firm Opens in Western Pa. With Oil, Gas Focus

One of Kentucky's largest firms, Stoll Keenon Ogden, has opened an office in Western Pennsylvania with three of its existing lawyers who focus their practices on real estate due diligence and title examinations for oil and gas producers.
TheLegalIntelligencer.com

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Wisconsin federal judge dismisses Sandusky lawsuit

MADISON, Wis. (AP) ? A federal lawsuit filed by a man alleging that former Penn State football coach Jerry Sandusky sexually abused him during a Wisconsin Badgers home football game in 2002 has been dismissed by a judge who called the allegations frivolous and malicious.
TheLegalIntelligencer.com

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Criminal Practice: Prison Reform Bill Brings Change to Criminal Law

The latest attempt in Harrisburg to reduce the state prison population by changing criminal law is being welcomed by judges and other people involved in the criminal justice system.
TheLegalIntelligencer.com

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Lawyers, Litigants Take Issue With Guardian Ad Litem Report

A report from the Administrative Office of Pennsylvania Courts said it found "no evidence" that the Lackawanna County guardian ad litem had been billing hundreds of thousands of dollars to litigants and that she "rarely" sent parties bills beyond a $ 300 retainer fee to each party that automatically comes with a guardian appointment.
TheLegalIntelligencer.com

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Criminal Practice: Justices Grant Review in Tender Years Act Sex-Abuse Case

The state Supreme Court has agreed to hear a case over whether a young girl's out-of-court statements under the Tender Years Act were properly admitted in her father's child rape case when the girl had previously been determined incompetent to testify.
TheLegalIntelligencer.com

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2012年7月9日星期一

Pa. Am Law 200 Firms Show Varying 10-Year Results

In 2002, Am Law 200 firms in Pennsylvania were slowly starting to creep out of the 2001 dot-com recession, thinking again about how they would grow revenue and profits. Ten years and another recession later, those firms were certainly successful at reaching all-time financial highs, but some hit their peaks a few years ago and the gap between the rich and not-as-rich has widened.
TheLegalIntelligencer.com

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Criminal Practice: Supreme Court Strikes Mandatory Life Sentences for Juveniles

The U.S. Supreme Court ruled that a mandatory sentence of life in prison without the possibility of parole imposed upon a juvenile violates the Eighth Amendment ban against "cruel and unusual punishment."
TheLegalIntelligencer.com

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Ethics: Questions and Answers on Professional Liability

I am a young lawyer and I have heard the term "black robe disease." What does that mean?
TheLegalIntelligencer.com

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Superior Court Preparing to Post Filings in High-Profile Cases

The public and members of the media will soon be able to access court filings and dispositions of "cases of important public interest" that go before the state Superior Court, the Administrative Office of Pennsylvania Courts announced today.
TheLegalIntelligencer.com

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Fresh Ink: Inside Today's Legal - July 9

Litigation: The Tar Heel State Steps Up Its Fight Against Fraud — Part II

North Carolina's False Claims Act has a more stringent "first-to-file" provision than its federal counterpart. The federal False Claims Act's first-to-file provision is intended to prevent potential relators from filing parasitic suits based on the same allegations that underlie an already pending qui tam suit.
TheLegalIntelligencer.com

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GC Mid-Atlantic: Predicting the Future of Predictive Coding

A decade ago, document review meant a small militia of lawyers sitting in a windowless warehouse surrounded by bankers' boxes full of paper documents.
TheLegalIntelligencer.com

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Commentary: Ruling on Testamentary Capacity Is Cause for Review of Attorneys' Practices

The Bucks County Orphans' Court recently required the Register of Wills to admit for probate the will of an individual who had been adjudicated partially incapacitated prior to the date of the will and who the court itself had determined did not have capacity to execute a will two years prior to his death.
TheLegalIntelligencer.com

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2012年7月8日星期日

Constitutional Law: Handicapping the Pennsylvania Voter ID Litigation

A number of Pennsylvania residents and several nonprofit organizations have challenged Pennsylvania's newly enacted voter ID law, alleging that its strict photo identification requirement infringes their fundamental right to vote guaranteed by the Pennsylvania Constitution.
TheLegalIntelligencer.com

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Class Certified in Action Over School Truancy Fines

A class representing hundreds of students who are suing the Lebanon School District, alleging that it collected fines above the $ 300 allowed by the state's truancy law, was certified in federal court.
TheLegalIntelligencer.com

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Defendants Appeal Mistrial in Heated Asbestos Case

A Philadelphia judge has declared a mistrial in a hotly contested asbestos case in which plaintiffs' counsel amended a portion of his post-trial motion that originally alleged the verdict sheet in the case was developed because of alleged ex parte contact by the defense lawyers with the leadership of Philadelphia's civil courts. Court leadership strongly denied any contact with the defense.
TheLegalIntelligencer.com

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Ethics: Questions & Answers on Professional Responsibility

I am a lawyer who employs a paralegal who is a suspended attorney. I want to bill the client for the time.
TheLegalIntelligencer.com

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U.S. Supreme Court: The U.S. Supreme Court's Term, Barbecue-Style

Over the past year, the Supreme Court found itself the subject of an almost obsessive level of public interest. From The Today Show to the Harvard Law Review , the court's machinations were a hot topic. Public curiosity about the court and its decisions is cresting, and the most immediate impact — both in terms of timing and personal effect — is quite prosaic: We lawyers are going to get asked a lot of questions about the Supreme Court at our annual Fourth of July barbecues.
TheLegalIntelligencer.com

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Public Relations: Tips for Holding a Successful Press Conference

We live in a digital age that allows us to work with individuals from around the world.
TheLegalIntelligencer.com

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Workers' Compensation: Pa. Supreme Court Resolves Statutory Inconsistencies in Three Cases

At the beginning of 2012, at least 11 workers' compensation cases were pending before the Supreme Court of Pennsylvania.
TheLegalIntelligencer.com

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Law Technology News: Videoconferencing Maturing as a Courtroom Tool

Videoconferencing technologies have been making their way into courtrooms since the 1990s, reducing costs and improving the efficiencies of a range of judicial processes. The latest generation of these systems adds a new wrinkle ? literally.
TheLegalIntelligencer.com

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2012年7月7日星期六

Business of Law: Survey Illustrates Trends in Paralegal Careers

After the success of our survey of law firm associates several years ago, in March, Abelson Legal Search surveyed paralegals to assess the job satisfaction, backgrounds and experiences of these important legal professionals. Like the original survey, this one produced meaningful results and inspired thoughtful comments and discussions. Survey highlights include the following:
TheLegalIntelligencer.com

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Fresh Ink: Inside Today's Legal - July 5

Law Technology News: Capitalizing on Wi-Fi in Courtrooms

Most courtrooms weren't designed to route cables between laptops, projectors, and displays, but as courts begin to adopt wireless technology, lawyers have more connectivity options.
TheLegalIntelligencer.com

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Real Estate Disputes Between Church and Parish

Over the last several years, there have been a number of cases involving the Episcopal Church and/or its dioceses and/or its parishes and disputes over ownership of church property. Specifically, as the Episcopal Church as a whole has become more theologically/doctrinally progressive, various parishes and dioceses that espouse a more conservative view have been breaking off from it and, sometimes, attempting to take their real estate with them.
TheLegalIntelligencer.com

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Fla. Gov attempts to remove justices draws rebuke

TALLAHASSEE, Fla. (AP) - Gov. Rick Scott may not be familiar with songwriter Sonny Curtis' 1960's hit "I fought the law and the law won."
TheLegalIntelligencer.com

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Long Island judge censured for poker playing

ALBANY, N.Y. (AP) - A state judicial disciplinary panel censured a Long Island judge Friday for attending illegal poker games at his social club in 2008, including the night after he was re-elected, when police showed up.
TheLegalIntelligencer.com

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Pa. accused of violating US voter registration law

HARRISBURG, Pa. (AP) - A new lawsuit says Pennsylvania's state government isn't living up to the requirements that public assistance agencies distribute voter registration applications to clients.
TheLegalIntelligencer.com

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Class Action Against HSBC on Overdraft Policy Survives Challenge

A Manhattan Commercial Division judge has allowed to go forward a proposed class action lawsuit against HSBC Bank over the way it handles overdraft fees for retail customers.
TheLegalIntelligencer.com

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2012年7月6日星期五

$813 Mil. Awarded to Victims of 1983 Terrorist Bombing

A Washington federal judge awarded $ 813 million to victims of the 1983 terrorist bombing at the U.S. Marine barracks in Beirut, the latest in a string of large money judgments awarded against Iran for its role in the attack.
TheLegalIntelligencer.com

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Law Schools Implementing Practical-Skills Courses

The dismal job market for newly minted lawyers has influenced how most law school administrators approach their course offerings, with 76 percent of the institutions surveyed by the American Bar Association reporting that they've modified their curricula to adapt.
TheLegalIntelligencer.com

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More on the Train Derailment: Act of God?

More details have emerged on yesterday afternoon's train derailment. Workers found a second body in the car that was discovered under the rubble yesterday evening, reports the Chicago Tribune. The deceased, Burton Lindner, 69, and Zorine Lindner, 70, were on their way to dinner when their Lexus was crushed by the collapsing bridge.

The family intends to file a wrongful death lawsuit and a local judge has stopped the cleanup efforts to allow the family's investigators to inspect the scene. So far, however, it is looking more and more like an unforeseeable accident of act of God instead of negligence.

Though the findings so far are only preliminary, the train itself has been ruled out as the cause. It was travelling at 37 mph. The speed limit, due to the extreme heat's effects on the track, was set for 40 mph.

The bridge was also not to blame. An inspection of the embankment, made from compressed landfill, checked out, as did the bridge itself. Apparently, the collapse was caused by the overload that came from the derailment of an entire train loaded with coal. The bridge is designed with withstand the weight of a train as it passes over, but not a full-scale 28 car derailment.

The actual cause seems, at this point, to be a "railroad kink". This is caused by the extreme heat, which makes the metal rails between railroad ties expand. Inspectors had just been out on the tracks, less than two hours before the derailment, inspecting the tracks for signs of abnormalities in track gauge or shifting. They check twice a day during extreme weather.

To summarize, it looks like the cause of the derailment, and the couple's death, was simply the overbearing heat wave. Unless the family's legal team can find evidence of negligence in the track inspection, proving fault in the wrongful death case is going to be very difficult.

Related Resources:

Consult with a Chicago Personal Injury Attorney (FindLaw)

Judge Halts Cleanup at Derailment Site (NBC Chicago)

Amtrak Train Derailment, Chicago to SF Line (FindLaw's Chicago Personal Injury Law Blog)

Victim of 2006 CTA Derailment Awarded Damages (FindLaw's Chicago Personal Injury Law Blog)

The Chicago Personal Injury Law Blog

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Federal Judge Says Restatement (Second) Still the Law in Pa.

Sifting through the conflicting opinions from the state and federal courts, U.S. District Judge John E. Jones III for the Middle District of Pennsylvania has ruled the Restatement (Second) of Torts is still the law in Pennsylvania in products liability cases.
TheLegalIntelligencer.com

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Skinnygirl Margarita Makers Sued Over Alleged False Claims

The manufacturers of Skinnygirl Margarita, a drink conceived by one of the Real Housewives of New York City , are facing a class action suit in New Jersey that alleges the product is falsely claimed to be an all-natural, preservative-free and healthy alternative to other margarita mixes.
TheLegalIntelligencer.com

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Number of Wiretaps Dropped During 2011, Report Finds

Federal and state authorities reported fewer wiretaps during 2011, primarily because they made fewer applications related to narcotics offenses, according to an annual report recently released by the Administrative Office of the U.S. Courts.
TheLegalIntelligencer.com

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Firm Mergers Down in Second Quarter of 2012

While legal consultancies Altman Weil and the Hildebrandt Institute report that mergers involving U.S. law firms were down in the second quarter of 2012 compared to the same period last year, statistics show that the industry saw more tie-ups in the first half of this year than it did during the first six months of 2011.
TheLegalIntelligencer.com

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Little-League Coach's Suit Against CBS Affiliate Dismissed

A Philadelphia television station's minor mistakes in its reporting of an altercation between a Little League coach and a player do not amount to the actual malice needed to support such a defamation claim, a New Jersey appeals court held on Tuesday.
TheLegalIntelligencer.com

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Report on Lackawanna Guardian Ad Litem Program Issued

The Administrative Office of Pennsylvania Courts issued a report on Thursday making wide-ranging recommendations to Lackawanna County's guardian ad litem program, which has come under public criticism and federal scrutiny in the past year.
TheLegalIntelligencer.com

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2012年7月5日星期四

Stevens & Lee, Ex-Partner Hire New Counsel in Dropbox Suit

Stevens & Lee appears to have heeded strong urging by a federal judge that it hire outside counsel to represent it in a lawsuit by Elliott Greenleaf involving Stevens & Lee's hire of a former Elliott Greenleaf managing attorney and that attorney's alleged continued access of his former firm's client files.
TheLegalIntelligencer.com

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NFLPA sues, calls Goodell 'biased' in bounty case

NEW ORLEANS (AP) ? The NFL Players Association filed a lawsuit against the NFL on behalf of three players suspended in connection with the bounty investigation, calling Commissioner Roger Goodell "incurably and evidently biased."
TheLegalIntelligencer.com

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Body Found in Car Crushed By Derailment, Bridge Collapse

A freight train, carrying tons of coal, derailed in the Glenview-Northbrook area on Wednesday afternoon. The bridge under the train also collapsed. At this point, it is uncertain what came first: the derailment or the collapse of the bridge. A railroad official is cited by the Chicago Sun-Times as stating that the derailment happened before the bridge collapsed. What we do know, however, is that at least one person died after being crushed by the bridge.

What started as a clean-up effort of tons of coal turned into an investigation when the clean-up crew found a bumper of a car. The discovery halted the clean-up and brought out the police. A few hours later, a body was recovered from a car that was crushed under the rubble. It is unknown if there are any additional bodies, but the search effort is ongoing.

Though the train apparently derailed before the actual bridge collapse, some are speculating that the bridge was at fault. Last year, the bridge was closed in June for over three months while repairs were made. Initially, the repairs were expected to be done in 60 days. However, the structure required more repairs than initially thought and the project was extended into October. Bridges are inspected bi-annually.

There is also a possibility that the extremely hot weather could have had something to do with the bridge's collapse. Temperatures reached 102 degrees on Wednesday.

Finding out which caused the other, between the derailment and the bridge collapse, could prove to be very important when it comes time to assign damages for the death of the driver, damage to the street, neighborhood, neighboring businesses, and cleanup costs.

If the train caused the accident, the owner of the train could be liable. If it was the bridge, the Glenview Public Works, and possibly the county and state, could be liable. There is also the possibility, if no determination of fault between the two is able to be made, that they would both be liable under the concept of joint and several liability.

Under the joint and several liability theory, the railroad and those responsible for the bridge are liable for the whole amount. If one party pays the entire bill, it can go after the other party for the second party's respective share.

Related Resources:

Discuss Your Case with a Chicago Personal Injury Attorney (FindLaw)
Body found in car under wreckage of train derailment (Fox Chicago)
The CTA Is Using High-Tech To Prevent Derailments (FindLaw's Chicago Personal Injury Law Blog)
Amtrak Train Derailment, Chicago to SF Line (FindLaw's Chicago Personal Injury Law Blog)

The Chicago Personal Injury Law Blog

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Supreme Court ruling could affect 3 SD inmates

PIERRE, S.D. (AP) - Officials in South Dakota have identified three inmates in the state prison system who are serving mandatory life sentences for murders they committed when they were younger than 18, Attorney General Marty Jackley announced Thursday.
TheLegalIntelligencer.com

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Orie Melvin renews request for out of county judge

PITTSBURGH (AP) - Suspended state Supreme Court Justice Joan Orie Melvin is asking that court to appoint an out-of-county judge to hear her political corruption case.
TheLegalIntelligencer.com

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Judge Denies House Arrest for Lynn

Philadelphia Court of Common Pleas Judge M. Teresa Sarmina denied releasing Monsignor William J. Lynn on house arrest today.
TheLegalIntelligencer.com

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Business Of Law: Three Tips for Creating a Killer Attorney Web Bio

I have reviewed tens of thousands of law firm Web bios during my career. Setting aside the diminution in my visual acuity as a result of that activity, my overwhelming, consensus reaction can be aptly characterized by one word: "meh." While there are some outliers on both ends of the spectrum, the vast majority are unremarkable and seemingly interchangeable.
TheLegalIntelligencer.com

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Young Lawyer: Life, Law and All That Jazz: Improvisation in the Courtroom Is an Important Skill to Learn

Miles Davis' Kind of Blue is one of my desert island, all-time favorite records. I have the album cover for Sketches of Spain framed on my bedroom wall.
TheLegalIntelligencer.com

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Securities Law: A Solution to Market Volatility or a Short-Term Fix?

On May 31, the Securities and Exchange Commission approved two proposals submitted by the national securities exchanges and the Financial Industry Regulatory Authority (FINRA) with the goal of addressing extraordinary volatility in individual securities and the broader U.S. stock market.
TheLegalIntelligencer.com

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2012年7月4日星期三

Seven New Judges Confirmed Amid Budget Battle

Amid the flurry of activity over the state budget last weekend, the state Senate confirmed seven new judges.
TheLegalIntelligencer.com

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More on Phila. Defenders Withdrawing From Courtrooms

No last-minute budget deal was worked out over the weekend to prevent the Defender Association of Philadelphia from withdrawing from some Municipal Court courtrooms because the association says it has not received enough funding from the city of Philadelphia for the fiscal year starting this week.
TheLegalIntelligencer.com

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Fresh Ink: Inside Today's Legal - July 3

Third Circuit OKs Dredging of the Delaware River

The U.S. Court of Appeals for the Third Circuit has greenlighted the dredging of the Delaware River.
TheLegalIntelligencer.com

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Sprint Class Action Settlement Upended by Third Circuit

A federal appeals court has vacated a $ 17.5 million settlement, including nearly $ 5.8 million in attorney fees, in a class suit against Sprint Nextel over illegal service contract termination fees.
TheLegalIntelligencer.com

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Loan Repayment Standards Struck for For-Profit Schools

A Washington federal judge has struck down the U.S. Department of Education's regulation for measuring whether for-profit schools are preparing students for the workforce, finding that certain standards were too arbitrary.
TheLegalIntelligencer.com

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Loan Repayment Standards Struck for For-Profit Schools

'Public' Tweets Subject to DA's Subpoena, Judge Says

Twitter Inc. must produce tweets and user information of an Occupy Wall Street protester, a judge has ruled, discounting objections from the social media website in a case of first impression.
TheLegalIntelligencer.com

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Second AdultBasic Class Action Against Corbett Allowed to Proceed

Two days after issuing its opinion in the first case, a split en banc Commonwealth Court ruled that a second class-action suit over the redirection of tobacco settlement funds away from the defunct adultBasic health insurance program may proceed against Governor Tom Corbett, Budget Secretary Charles Zogby and the state Treasury Department.
TheLegalIntelligencer.com

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2012年7月3日星期二

Pa. Justices Agree To Hear $187.6 Mil. Wal-Mart Case

The state Supreme Court has agreed to hear an appeal on whether a $ 187.6 million class action award against retail titan Wal-Mart over allegations that its Pennsylvania employees were not properly compensated for off-the-clock work and missed rest breaks violated Pennsylvania law.
TheLegalIntelligencer.com

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McCaffery Sounds Off on Providing Insanity Defense to War Vets

When the state Supreme Court denied earlier this year an Iraq War veteran's plea to allow an insanity defense in his Altoona murder trial, Justice Seamus P. McCaffery promised a dissenting statement would follow, and he delivered late last month with a commentary on how the court should recognize a likely increase in veterans with PTSD coming through the courts.
TheLegalIntelligencer.com

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How Not To Do A Fireworks Safety Lesson ... Happy 4th!

As adults, we get it. Fireworks are dangerous things. They can be a lot of fun, but yes, they are dangerous. Unfortunately, kids sometimes need to be reminded. And what better way to remind the kids than to botch a safety demonstration by setting a bystander on fire?

Really? Yes. According to the Chicago Tribune, Hillside Fire Department Chief Michael Kuryla was demonstrating the power of legally purchased novelty fireworks when the accident occurred. He used a sparkler to light two larger fireworks that were placed in a canister on a wooden pallet.

Unfortunately, the canister fell over. Then, it went off, shooting flames directly at the spectators. One woman, who ironically worked for the Fire Safety Alliance, was struck in the foot. Other spectators put the fire out and she was sent to the hospital for treatment.

So yes, children, fireworks are dangerous. And you shouldn't light them up near crowds, residential areas, or dry brush. And thanks to the weather, there's plenty of that.

Instead, consider heading to Mundelin, Wheaton, or Plainfield. Nevermind, those are all cancelled. There's always the Navy Pier, right?

The cancellations do bring up an important point, however. If they are cancelling those massive displays due to the dry weather, perhaps individuals should consider the same. Even legally purchased fireworks can set off a fire, leaving you or someone else homeless, and possibly subjecting you to a massive lawsuit.

Be smart. Be a spectator to the pyrotechnic arts.

Related Resources:

Consult a Chicago Personal Injury Attorney (FindLaw)
Avoid Fireworks Injuries With These Safety Tips (FindLaw's Injured Blog)
Larry Pryzbyla Killed in Memorial Day Fireworks Accident (FindLaw's Chicago Personal Injury Law Blog)
Summer's In Session: Pool Safety (FindLaw's Chicago Personal Injury Law Blog)

The Chicago Personal Injury Law Blog

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Pa. organ harvesting lawsuit set for August trial

ERIE, Pa. (AP) - A federal judge in Erie says jury selection will begin Aug. 28 in an Ohio couple's lawsuit claiming their son's death was hastened so his organs could be harvested after a 2007 skiing accident.
TheLegalIntelligencer.com

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Federal Judge Approves Antidepressant Class Action

A federal trial judge has approved the national settlement of a multidistrict litigation class action alleging that the generic version of the popular antidepressant drug Wellbutrin was not as therapeutically effective as the brand-name version of the drug.
TheLegalIntelligencer.com

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Supreme Court Takes Up Appeal of $187.6 Mil. Wal-Mart Worker Class Action

The state Supreme Court will hear an appeal on whether a $ 187.6 million class action award against retail titan Wal-Mart over allegations that its Pennsylvania employees were not properly compensated for off-the-clock work and missed rest breaks violated Pennsylvania law.
TheLegalIntelligencer.com

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GSK Saves Millions in Legal Fees With Value-Based Programs

In the nearly four years since GlaxoSmithKline looked to revamp the way it hires and pays for outside legal services, the pharmaceutical giant has saved tens of millions of dollars in legal fees.
TheLegalIntelligencer.com

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Criminal Practice: Events Highlight Pa.'s Lack of Indigent Defense Funding

A recent ruling by a Luzerne County trial court ordering the county commissioners to direct more resources to the public defender's office and an ongoing dispute between the Philadelphia Defender Association and city government over incongruous salaries and unfilled vacancies have highlighted a statewide issue in Pennsylvania: underfunding of indigent criminal defense.
TheLegalIntelligencer.com

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Buchanan Ingersoll Settles Adelphia Bankruptcy Claims

The firm, Adelphia's primary outside legal counsel for a number of years, and its insurers will pay an initial $ 20 million to the Adelphia Recovery Trust, which is pursuing claims on behalf of creditors, and $ 40 million to be distributed in a binding mediation proceeding among the trust and other parties with claims against Buchanan.
TheLegalIntelligencer.com

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2012年7月2日星期一

Government: State Child Sexual-Abuse Cases Spur Legislative Response

As the attention in Pennsylvania to the incidence of child abuse reached a crescendo with dual verdicts in the Jerry Sandusky trial and the Philadelphia priest sex-abuse trial last month, a number of public-policy proposals are in the works or waiting in the wings in Harrisburg.
TheLegalIntelligencer.com

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Judge Orders Newman to Sit for Deposition in Family Court Suit

Former Supreme Court Justice Sandra Schultz Newman was ordered to sit for a deposition in the First Judicial District's legal malpractice lawsuit against a former lawyer on the Philadelphia family courthouse deal.
TheLegalIntelligencer.com

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NC fracking bill 1 step closer to law on override

RALEIGH, N.C. (AP) - The Senate has voted to override Gov. Beverly Perdue's veto of a bill that would authorize fracking in North Carolina, but the House still must go along to cancel her objections to the measure on environmental and other concerns.
TheLegalIntelligencer.com

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Third Circuit Authorizes Private Medicare Provider to Sue GSK

The U.S. Court of Appeals for the Third Circuit has decided that private insurers that provide Medicare benefits have the right to recover, just as the government does, from GlaxoSmithKline for expenses incurred for injuries consumers have suffered by taking the drugmaker's Avandia drug.
TheLegalIntelligencer.com

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Fresh Ink: Inside Today's Legal - July 2

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