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'Judges Must Remain Above the Fray': Judge Censured for Failing to Recuse From Child Custody Case

Law.com - 3 hours 2 min ago

"We recognize the challenges faced by district court judges, often presiding over emotionally charged cases involving litigants and lawyers who might challenge their authority, insult their integrity, impugn their good names, and even attempt to bait them into losing control," the New Mexico Supreme Court said in its censure. "In those instances, district court judges, no matter how egregious the behavior by counsel or clients, must remain above the fray in order to carry out their official duties."

       

'Totally Out-of-Bounds for Any Attorney in Any Case:' Federal Judge Slashes Fee Request by 70%

Law.com - 3 hours 17 min ago

"District courts may clearly adjust attorney's fees to the extent that a party is not 100 percent successful at the administrative hearing level."

       

Jennifer Barron, Experienced Civil Litigator, Appointed a Circuit Judge for Illinois Eighteenth Judicial Circuit

Law.com - 3 hours 41 min ago

Barron will step into the trial-court judge position on Feb. 15, and her appointment will end on Dec. 2, 2024, after the November 2024 general election, the Illinois State Bar Association said.

       

Washington State AG Files Fraud, Organized Crime Charges Against Health Business

Law.com - 3 hours 43 min ago

The Washington State Attorney General announced the filing of charging documents in Spokane County Superior Court for multiple fraud and organized

       

'It's Really Created a Buzz': Could McDonald's Decision Expand Scope for 'Caremark' Litigation?

Law.com - 4 hours 40 min ago

The decision over McDonald's officers' liability for fostering a climate of sexual harassment has Delaware lawyers buzzing over how much of it it new law and what the impacts will be.

       

Finding Neither Recklessness Nor Bad Faith, Federal Court Denies Starbucks Attorney Fees Despite Victory Over NLRB

Law.com - 6 hours 26 min ago

"In addition to finding that Petitioner's claims were not frivolous, the Court does not find other evidence of Petitioner's lack of an honesty of purpose in this case," Judge John J. Tuchi wrote. "Moreover, Petitioner did not act recklessly by unreasonably multiplying these proceedings. Finding neither recklessness nor conduct tantamount to bad faith on the part of Petitioner, the Court concludes Respondent is not entitled to attorneys' fees in this matter."

       

Court Overturns $185M Fee Award for Quinn Emanuel in ACA Litigation

Law.com - 7 hours 7 min ago

The panel, in vacating and reversing the claims court's decision, noted that it was an "extraordinarily high award."

       

Court: Defendant Shouldn't Have Been Jailed for Failing to Pay Restitution That Was Never Scheduled

Law.com - 12 hours 13 min ago

"This case demonstrates that these are not merely academic concerns: the defendant's probation was erroneously revoked because neither the parties nor the judge focused on the fact that the defendant had never been adjudged to have the ability to pay restitution and that no payment schedule had been set before the probation department issued the probation violation notice. Worse yet, the defendant was sentenced to a period of incarceration as a result of the error."

       

Voir Dire for Beginners: 2 Southwestern Law Alums Give Students an Intro to Jury Selection

The Litigation Daily RSS - 13 hours 43 min ago

Daniel Kramer of Kramer Trial Lawyers and Robert Glassman of Panish | Shea | Boyle | Ravipudi gave students at their alma mater an experiential introduction to picking a jury during the school's Spring intersession.

       

The Lawyers Are Not Alright: The Morning Minute

Law.com - 15 hours 13 min ago

The news and analysis you need to start your day.

       

A Legal CIO's Guide to Technology Procurement In 2023

Law.com - 20 hours 48 min ago

For a legal CIO, one of the key responsibilities is to establish that the organization has the right technology in place to support its operations and achieve its business goals. This can be challenging, as there are many factors to consider when choosing new technology for your organization. One bad decision can have a material impact on not only the bottom line, but on the ability of your firm to compete in an ever-changing legal market.

       

Ahead of the Curve: The F-Bomb Heard 'Round the Legal Academic World

Law.com - Mon, 01/30/2023 - 21:24

This week, we're discussing the professor whose expletive in response to a student's question—caught on a hot mic—has gone viral.

       

'They've Got the Wrong Defendants': On Day 1 of Trial, Defense Counsel Says Doctors, Not Distributors, Should Be Sued Over Opioid Epidemic

Law.com - Mon, 01/30/2023 - 19:51

The first U.S. state court jury trial in litigation brought by private plaintiffs over the opioid epidemic began in Georgia with opening arguments Monday morning.

       

'We're All Going to Get There': Litigators See Turnaround in Federal Courts

Law.com - Mon, 01/30/2023 - 19:35

But litigating in the District of New Jersey still entails explaining the slow pace to clients, an attorney said.

       

Divided State High Court Reverses $1M Jury Award Against Virginia Beach Officer Involved in Fatal Shooting

Law.com - Mon, 01/30/2023 - 19:19

"Every human being is a creature of eternal moment and infinite worth. Tyree's death constitutes an irreparable loss to his family and friends. Although the outcome was tragic, Detective Colas' decision to fire his weapon, on these specific facts, constituted defense of another as a matter of law," Justice Stephen R. McCullough wrote in the majority opinion.

       

6th Circ.: PREP Act Doesn't Preempt State Claims Over Hospital's COVID Response

Law.com - Mon, 01/30/2023 - 18:55

The Sixth Circuit affirmed a lower court's decision rejecting Elmcroft of Sagamore Hills' attempt to move the case from Ohio state court to the U.S. District Court for the Northern District of Ohio.

       

Judge: ERISA Claims to Proceed Against Late Physician's Employer Alleging Incomplete Communications With Beneficiary

Law.com - Mon, 01/30/2023 - 18:25

"I think the case provides a good summary of the distinction between the duty of a fiduciary under an ERISA plan to provide information generally to employees and that's limited but once an employee seeks the assistance of the HR department and the HR department tells them that they're going to assist them and preserving the benefit, then the level of information that they need to provide becomes greater," said the plaintiff's attorney, Joseph P. Musacchio, of counsel for Kreindler & Kreindler in Boston.

       

Attorney Agrees to Resign for Allegedly Forging Judge's Signature on Fraudulent Adoption Orders

Law.com - Mon, 01/30/2023 - 18:00

The Idaho Supreme Court accepted Marsh's resignation in lieu of disciplinary proceedings. She may not apply for admission to the Idaho State Bar sooner than five years from the Jan. 18. If she does apply for admission, she will be have the burden of overcoming the rebuttable presumption of the "unfitness to practice law," the order said.

       

Federal Judge Sides With Whole Foods in Terminating Employees Who Work 'Black Lives Matter' Masks

Law.com - Mon, 01/30/2023 - 17:50

Whole Foods had argued that the masks were against the company's dress code, which applied to all employees of all races and to masks featuring logos or writing of any kind.

       

Prudenti Stepping Down as Dean of Hofstra Law

Law.com - Mon, 01/30/2023 - 17:45

"It is with a great sense of pride in our accomplishments along with heartfelt thanks that I share with you that I will be stepping down from my position as dean," Hofstra Law Dean A. Gail Prudenti wrote in an email to the Hofstra law community on Friday.

       

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