Judge Reveals Long Witness List in Lori Drew Trial
(27B Stroke 6)... , to provide factual information about themselves; to refrain from soliciting personal information from minors; and forbids members from using information obtained from MySpace services to harass or harm other people. By allegedly violating that click-to-agree contract, Drew committed the same crime as any hacker, prosecutors maintain. To make that charge stick, prosecutors must convince jurors that Drew's alleged terms-of-service violation was done primarily for the purpose of inflicting harm. ...
November 19, 2008 05:55 pm
... Singapore. A Merrill spokesman in Hong Kong said Harjani's allegations are "without merit." Through a lawyer, Harjani declined to comment. His lawyer said Merrill's actions in selling the shares had lost his client money. Could the ... notes that many Asian private-banking clients have complained about losses on so-called accumulators - essentially bundled derivative contracts that offer investors the ability to buy a security or currency at a fixed price over a period of time. The price, writes ...
November 19, 2008 09:21 am
Lawyer: Michael Jackson may be too sick to travel
(LawInfo Weblog)... It would be unwise for him to travel, given what's he's got now," lawyer Robert Englehart said, declining to elaborate "for the obvious reasons." Al Khalifa's ... Hamad Al Khalifa, the second son of the king of Bahrain, claims that Jackson reneged on a contract for an album, a candid autobiography and a stage play, after accepting millions from the sheikh. ... called Al Khalifa to say Jackson no longer wanted any part of the contract. Thanki said. "It's fair to say my client felt a considerable sense ...
November 18, 2008 05:39 pm
Transplant Patient Files Medical Malpractice Suit After Getting HIV
(Illinois Medical Malpractice Blog)A 33 year old woman recently filed a medical malpractice lawsuit against the University of Chicago Medical Center alleging she contracted HIV and Hepatitis C after receiving a kidney transplant. According to the lawsuit, the woman claims U of C failed to warn her that her donor was a gay man with multiple sexual partners. Lawyers for the transplant patient claim the hospital was negligent, because it knew the donor engaged in homosexual activity, which the U.S. Centers ...
November 18, 2008 03:27 pm
... from legal documents - come from a similarly wide range of sources: the minutes of a Novato, California City Council meeting, a manual of contract drafting, a transcript of an Idaho Senate commitee meeting, and more. What's more, all but a few use the word as ... that with a word long ago.) From the comments chez Volokh, I'm getting the impression that "Romanette" is a word used by transactional lawyers and alien to litigators. A shibboleth. Up until now, that is. blog advertising blog advertising
November 18, 2008 10:52 am
Learning From Judges Behaving Badly
(Simple Justice)... it demeans the integrity of the proceeding. Notably, this is the flip side of lawyers rolling their eyes when the judge whose entire career was spent drafting contracts asks a question about a criminal law that any rookie PD know. We ... question that makes sense to the judges because they are supplementing what they are saying with what they are thinking. But for the lawyers these questions can be almost impossible to answer. This is one of the most frustrating experiences during argument, since ...
November 18, 2008 09:22 am
Pretrial Intervention Program
(Jacksonville Criminal Attorney Blog)... . If you have little or no criminal record, your chances of being picked for this program go up. You sign a contract to be placed on a kind of "probation". During that time, your criminal charges will not be filed. You will agree to either pay ... of the bargain, the state attorney will drop your criminal charges. It is very important to contact a criminal defense lawyer as soon as possible after you are arrested on criminal charges in Jacksonville to look at the possibility of being placed in this ...
November 18, 2008 06:29 am
Hurricane Ike Insurance Litigation: Will It Be As Bad As Katrina?
(National Insurance Law Forum)... faith lawsuits that I am aware of were filed in Galveston and Ft. Bend Counties. In Fort Bend County, a breach of contract suit was filed last week titled Gatesco Inc. v. Steadfast Insurance Company in which plaintiffs claim the insurer failed to ... in policy forms among homeowner policies in Texas will likely lead to both more issues and more lawsuits as policyholder lawyers attempt to exploit such policy differences. So, while there will be many similarities in the litigation, it is more likely ...
November 17, 2008 10:28 pm
WDNY Judge Rejects Government's Effort to Confine 5K1.1 Departure to One of Defendant's Two Counts of Conviction
(New York Federal Criminal Practice)... is not quoted in the decision.) He points out: "The Plea Agreement is, of course, a contractual obligation and the Government is obligated to comply with the terms of that contract. Since the Government is the principal author of the document and has virtually complete control over its content, any confusion or ambiguity must be held against it." Lawyers: Donald Thompson and Lawrence Kasperek for the defendant; AUSA Robert ...
November 17, 2008 09:26 pm
Dan Rather Lawsuit Progresses
(TalkLeft: The Politics of Crime)... " Rather and limited his work, effectively forcing his resignation. Rather sued, claiming the rigged investigation violated his contract and damaged his reputation. According to this report, Rather has uncovered evidence to support that claim. [more ...] Among the materials ... are internal CBS memorandums turned over to his lawyers, showing that network executives used Republican operatives to vet the names of potential members of a panel that had been ...
November 17, 2008 08:21 pm
Building Confidence, LLC
(Home Contractor vs. Homeowner)... the launch of my new business, Building Confidence, LLC www.buildingconfidence-llc.com. I am offering consulting services to homeowners and contractors who are about to embark on new construction or renovation projects. For a flat fee, I will write your contract and work with local lawyers to make sure it protects your interests and is in compliance with state law. I will then be available by telephone and e-mail to ...
November 17, 2008 07:20 pm
Illinois Asset Protection Planning
(Illinois Estate Planning and Elder Law Blog)... the property transfer was unrelated to the claim subsequently developed by this patient. Presumably, at the time you implemented your asset protection plan, you did not know or intend that the patient would be injured. Similarly, loans and contracts entered into after establishing a plan, as long as the creditor is not misled, are also outside the scope of the fraudulent transfer rules.". Illinois law is clear that the fraudulent transfer laws can overturn an asset protection plan where the ...
November 17, 2008 04:36 pm
Paying (but not overpaying) the Servicers
(Consumer Law " Policy Blog)... for sending faxes, etc.) which they keep. Modifications and foreclosures both cost money. Servicers and their lawyers have to hire staff to perform these tasks. In the case of foreclosures, however, servicers usually pay a law firm to ... prepayment or foreclosure sale. This is tricky because it would involve some legislation and some altering of securitization contracts, but at this point in the crisis we need to consider all options. Investors are better off if servicers modify loans successfully, ...
November 17, 2008 04:15 pm
RBC Dominion Securities Inc. v. Merrill Lynch
(Toronto Employment Law Blog)... employees do not have the same fiduciary duty, employers may consider including more favorable resignation provisions into its employee contracts. For employees, the decisions confirms the common law duty to provide fair resignation notice. This is much like an employer's duty to provide fair termination notice to an employee. Daniel A. Lublin is a Toronto Employment Lawyer focusing in the law of wrongful dismissal. He can be reached at dan@toronto-employmentlawyer.com
November 17, 2008 03:25 pm
... Craig - a graduate of Harvard and Yale Law, a Williams & Connolly partner and one who enjoys the rare distinction of membership in the Law Blog All-Name Team - has been selected by President-elect Barack Obama to be the next administration's top lawyer. Here's Saturday's report from Politico. Craig, 63, can presumably trace his presidential relationships back to his days at Yale Law, where he graduated in 1972, a year before Bill and Hillary. After law school, according to Craig's W&C ...
November 17, 2008 09:08 am
New "Practice of Law" Definition Written
(A Paralegal's Blog)... to restrict anyone from doing their usual business. Instead, it says no person shall "hold themselves out as a lawyer, or being authorized or competent to practice law in this state unless the person is an active member of the state bar in good standing." The ... page. The latest version is four pages and contains a dozen exemptions, including the preparation of real estate contracts, purchase and lease agreements and tax returns; selling or soliciting insurance and annuity products; performing ...
November 17, 2008 07:00 am
The Vast Mystery of Public Defenders
(Simple Justice)... realize that criminal law stories are much more interesting then the wild and crazy world of contracts. But people, get a grip. You are still lawyers, and others operate under the assumption that as a lawyer you have ... who work for a group, whether quasi-public as in the Legal Aid Society, or private as in The Bronx Defenders under a contract with the government, to provide legal representation to the indigent. There are also indigent defenders, who are private attorneys who represent the poor, ...
November 17, 2008 05:48 am
Black Holes and the Law: This is the End
(PrawfsBlawg)... in a published opinion. Anything less would be very disappointing. Notes 1Since CERN's immunity does not apply to contracting entities doing business with CERN, it would seem that suing for an injunction to stop CERN's contractors or suppliers might be a way to get the case into court. I do not know if the LHC critics' lawyers have explored such a strategy. I also wonder if it would be possible to get an injunction in some non-CERN signatory country against ...
November 17, 2008 03:57 am
FAMILY LAW: Abrogation Of Marital Settlement Agreement: CAMERON V. CAMERON (SC 9/18/2008)
(Kentucky Cases)... which they hold their personal property, including bank accounts; (3) their failure to carry out other executory provisions of the contract; (4) activities of the parties in which normally only married couples participate; and (5) whether the parties attended marriage ... that burden of proof in challenging the agreement was upon Ex-Husband. The separation agreement was prepared by Ex-Husband's lawyer and signed by both parties, though Ex-Wife had no attorney. Though Ex-Husband divested himself of ...
November 16, 2008 11:52 pm
Staffing options to consider before you establish your first lawyer overseas
(Law Department Management)... of contact - SPOC's - and three references.). Third, you might designate circuit riders. Every quarter dispatch a lawyer to the foreign location where they spend a week, to get to know the clients, and the clients develop some comfort and familiarity with the law ... be for the client to send someone to spend time in your law department, not as a practicing lawyer but to learn about common processes like contracts and agreements. As a final idea, you might be able to get by with a part-time lawyer ...
November 16, 2008 08:22 pm