Entries by damg

Charleston South Carolina area car chase causes two highway deaths

Some motor vehicle accidents create situations where liability may not be obvious. In most U.S. states, including South Carolina, negligence laws have adapted to account for the possibility of multiple parties being partially at fault, and all experiencing different kinds of losses. Local news for the Charleston, South Carolina area reported on a vehicle chase […]

South Carolina family receives compensation for lost time as well as other damages after an accident lawsuit related to the death of their son

A motor vehicle accident in Charleston County, South Carolina brought up some interesting issues regarding liability for defendants in a civil lawsuit where the victim experiences some kind of abnormal injury. A family from Seneca, South Carolina was awarded a large amount of damages due to the death of their young boy who had some […]

Charleston bicycle rider is killed while going across a bridge

Cyclists put themselves in danger every time they ride to a destination on busy American roadways. Some incidents involving motor vehicles are severe enough that the bicycle rider has no chance of survival. Local news reported that the Charleston County coroner identified a bicyclist who was fatally injured at the Cosgrove Bridge. Cyclist is killed […]

Charleston area police respond to the scene of a two car crash. How will they generate an accident report and how is this information used later?

After an accident, law enforcement assists the people involved and insurance companies with an official report. This can be used later for many different purposes. Several people had to be treated for injuries near Charleston, South Carolina following a two car collision in the Awendaw area. Police and rescue personnel respond to begin their investigation […]

Workers Compensation Attorney in Johns Island | Repetitive-Stress Injuries Can Be More Damaging Than One-Time Events

Workers Compensation Attorney in Johns Island | Repetitive-Stress Injuries Can Be More Damaging Than One-Time Events Workers Compensation Attorney Johns Island | What sounds worse – breaking your arm in a workplace accident, or dealing with a repetitive stress injury that impacts your lower back, or maybe your wrist? You might think that the broken […]

Injured on The Job Lawyer | Business is Business in the Real World

  Injured on The Job Lawyer | Business is Business in the Real World Injured on The Job Lawyer | It would be great if businesses made a habit of putting the importance of their people ahead of their quest to make as much money as possible. In the real world, however, such an approach […]


Workers Compensation Attorney in James Island | Human Labor Should Not Be a Disposable Commodity

  Workers Compensation Attorney in James Island | Human Labor Should Not Be a Disposable Commodity Workers Compensation Attorney in James Island | Depending on the kind of work you do, your company may burn through disposable materials at an incredible rate. For instance, manufacturing companies need to use significant raw materials in order to […]


Workers Compensation Lawyer Johns Island | Is Your Employer Attempting to Reduce Your Benefits?

  Workers Compensation Lawyer Johns Island | Is Your Employer Attempting to Reduce Your Benefits? Workers Compensation Lawyer Johns Island | In a perfect world, we would all be able to trust our employers to act in good faith as they deal with employees. This is not a perfect world, of course, and employers typically […]

Injured on the Job Lawyer | A Well-Designed Workplace Can Contribute to Safety

Injured on the Job Lawyer | A Well-Designed Workplace Can Contribute to Safety Injured on the Job Lawyer | Some jobs are inherently riskier than others, and that is a fact that employees need to accept when taking a position. However, it’s incumbent on the employer to actively take steps toward a safer workplace, including […]


Injured on the Job | Is Sitting Putting You at Risk?

  Injured on the Job | Is Sitting Putting You at Risk? Have you ever been Injured on the Job? When you think of dangerous jobs, what do you think of first? Certainly, those who work way up high on construction sites face danger, as does anyone working with heavy machinery. But what about someone sitting in […]

Workers Compensation Attorney James Island | Your Reputation or Your Family?

  Workers Compensation Attorney James Island | Your Reputation or Your Family? Workers Compensation Attorney James Island|Depending on your line of work, you may take great pride in the ability to show up every day, week after week, and do your job. This kind of pride is particularly common in physically demanding jobs such as […]

Hurt On The Job | The Unique Nature of Injuries

  Hurt On The Job | The Unique Nature of Injuries With any luck, you’ll never be hurt on the job. Unfortunately, not everyone has that kind of luck during their career, as injuries on the job happen every single day. If you are hurt in a workplace accident, contacting an injured on the job […]


Workers Compensation Attorney James Island | Getting Help with Workers Compensation

Workers Compensation Attorney James Island | Getting Help with Workers Compensation Workers Compensation Attorney James Island | If you have been injured in an on-the-job accident, you may know that you are likely entitled to workers compensation benefits. But how do you go about getting those benefits? That’s where it can get tricky for many […]


Injured On The Job | Denial is Not the End

Injured On The Job | Denial is Not the End Injured On The Job | Having a workers compensation claim denied feels like a big blow to your financial well-being. You have probably been counting on receiving those benefits to help you deal with medical costs and to make up for not getting back to […]

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Charleston Personal Injury Lawyer | Our Locations

  Personal Injury Lawyer Charleston | Where Are We?  Charleston Personal Injury Lawyer| Where Are We? Where We Work If you are injured, it’s important to consult a personal injury lawyer. People who were involved in accidents that have caused personal injuries are often curious about how they can seek compensation for their damages. Although […]

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Personal Injury Lawyer Charleston | Who Is Clekis?

Personal Injury Lawyer Charleston | Who Is Clekis Law?  Charleston Personal Injury Lawyer| Who Is Clekis Law? Who We Are A personal injury lawyer can offer advice and provide a measure of stability during a time of great stress and chaos. Becoming injured is never fun. Seeing friends and loved ones injured or killed is […]

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Personal Injury Lawyer Charleston | Clekis Cares

Charleston Personal Injury Lawyer | Clekis Cares Personal Injury Lawyer Charleston | Clekis Cares Accidents and personal injuries can happen when people least expect them, resulting in pain and growing medical bills. Many law firms simply view their clients as a means to an end, but those who turn to a personal injury lawyer at […]

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Personal Injury Lawyer Charleston | What We Do

Charleston Personal Injury Lawyer | What We Do at Clekis Law Firm Personal Injury Lawyer | What We Do Most people will go their entire lives without needing to worry about accidents or personal injuries. Personal injury victims are often confused about the steps they should take so they can get the compensation they need. […]

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Charleston Personal Injury Lawyer | What Does It Cost?

  How A Personal Injury Affects Your Wallet – Call A Charleston Personal Injury Lawyer Charleston Personal Injury Lawyer | What Does It Cost? After a car accident or other personal injury, you may be unable to work. This means that you may face a loss of income, which is difficult when you have expensive […]


Personal Injury Attorney | Recovery Time

Charleston Personal Injury Attorney | How Long Will It Take You to Recover From Your Car Accident? Car accidents and workplace mistakes have life-changing effects, but they’re not all the same. In addition to resulting in unique personal injuries, a collision or on-the-job incident can have lasting legal and financial ramifications that take unexpected tolls […]

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Personal Injury Attorney Charleston | Do I Really Need One?

Personal Injury Attorney Charleston | Do I Really Need One? Not every personal injury situation benefits from having a lawyer working on the case. If you suffer an injury due to someone else’s negligence but have been offered reasonable compensation, you may not need the assistance of a personal injury attorney. Further, many straightforward legal […]

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Personal Injury Attorney | Decorating For Halloween

Personal Injury Attorney | Preparing Your Own Home for Halloween Some people go for Halloween decorations in a big way, and others don’t. Most homes, though, will participate in giving out candy and enjoying the little faces at the door. Decorating for Halloween is exciting and fun to do as a family. Decorations can sometimes […]

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Personal Injury Attorney | Keep Your Kids Safe on Halloween

Personal Injury Attorney | Safety For Kids on Halloween Sometimes Halloween can present us with dangerous situations. As a personal injury attorney, Clekis wants you and your kids to be safe. Share these personal injury attorney tips with your kids so they stay safe while trick or treating in the neighborhood. A big part of […]

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Personal Injury Lawyer | Trick Or Treat With The Right People

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Supreme Court rules against summary judgment appeal after full trial

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] unanimously Monday in Ortiz v. Jordan [Cornell LII backgrounder; JURIST report] that a party may not appeal an order denying summary judgment after a full trial on the merits. Petiti…

Accused Arizona gunman pleads not guilty to attempted murder

[JURIST] Accused Arizona gunman Jared Lee Loughner [JURIST news archive] pleaded not guilty on Monday to three federal charges in the US District Court for the District of Arizona [official website]. Loughner is charged with attempting to assassinate a…

Supreme Court rules third party may sue employer for retaliation

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] unanimously Monday in Thompson v. North American Stainless [Cornell LII backgrounder; JURIST report] that a third party can sue his employer for retalation. Eric Thompson was fired f…

Supreme Court rules for credit card company on notice issue

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] unanimously Monday in Chase Bank v. McCoy [Cornell LII backgrounder; JURIST report] that Chase was not required to provide a cardholder with a change-in-terms notice before raising the interest rate on his credit card. The case required the court to determine whether an interest rate increase constituted a "change in terms" under Regulation Z, 12 CFR 226.9(c) [text], which requires that a creditor provide a cardholder with a change-in-terms…

Supreme Court to examine inmates' Miranda rights

[JURIST] The US Supreme Court [official website; JURIST news archive] granted certiorari [order list, PDF] in two cases Monday and summarily reversed a Ninth Circuit decision in a California parole case. In Howes v. Fields [docket; cert. petition, PDF]…

California judge approves landmark settlement in teacher layoff case

[JURIST] Los Angeles County Superior Court [official website] Judge William F. Highberger approved a settlement on Friday effectively limiting the use of seniority in layoffs in the Los Angeles Unified School District (LAUSD) [official website]. The cl…

JURIST seeking new Executive Director

JURIST, the 501(c)(3) legal news and research non-profit headquartered at the University of Pittsburgh School of Law, invites candidates to apply for the position of JURIST Executive Director. The Executive Director is responsible for managing JURIST’s…

For-profit schools file suit seeking to overturn new regulations

[JURIST] The Association of Private Sector Colleges and Universities (APSCU) [official website] on Friday filed suit [complaint, PDF] against the US Department of Education (DOE) [official website] in federal court seeking to overturn three regulations…

When Are Employees' Online Postings Fair Game?

Jenner & Block’s Carla Rozycki and Emma Sullivan examine some recent court decisions and NLRB actions illustrating the legal risks that employers face when conducting online searches on employees.

The death knell for capital punishment?

Death penalty opponents are allowing themselves to contemplate that a major Midwestern state, not known as light on crime, is about to take a dramatic stand against the death penalty.

Toyota argues shareholder claims are fatally 'flawed'

Toyota Motor Corp. moved on Thursday to dismiss a consolidated lawsuit alleging that its shareholders suffered massive losses following a string of recent recalls associated with floor mats and accelerator pedals.

Mandate for Growth

The health care law creates new challenges for insurers — and even more work for their already-slammed in-house counsel. Here’s an inside peek at how they’re getting ready to tackle it.

Will Obama's Judicial Nominees Need New Hearings?

Leaders on the Senate Judiciary Committee are in discussions about whether to hold second confirmation hearings for some of President Barack Obama’s judicial nominees, aides say.

UK court approves extradition of terror suspect to US

[JURIST] A British court on Friday approved the extradition of alleged al Qaeda [JURIST news archive] operative Abid Naseer to the US, where he will stand trial on several charges of terrorism [DOJ press release], including providing material support t…

Federal judge denies request to overturn ex-Guantanamo detainee's conviction

[JURIST] A judge for the US District Court for the Southern District of New York [official website] on Friday denied a request [opinion, PDF] to throw out the conviction of former Guantanamo Bay [JURIST news archive] detainee Ahmed Khalfan Ghailani [GlobalSecurity profile; JURIST news archive]. In his ruling, Judge Lewis Kaplan stated that the evidence presented at trial was sufficient to allow the jury to find Ghailani a "knowing and willing participation" in the 1998 bombing [PBS backgrounder] of two…

Verizon files lawsuit challenging FCC 'net neutrality' regulations

[JURIST] Verizon [corporate website] on Thursday filed a lawsuit [press release] in the US District Court for the District of Columbia Circuit [official website] challenging new net neutrality [JURIST news archive] rules that will allow the government to regulate Internet traffic. The company is challenging the regulations, which would prevent Internet providers from selectively blocking web access, saying they "go beyond any authority provided by Congress." The new net neutrality rules were approved last month [JURIST report] by the Federal…

Boston firm sues Merrill Lynch over nondisclosure of fee cap

Boston law firm Davis, Malm & D’Agostine is suing Merrill Lynch in Massachusetts state court, alleging that Merrill’s predecessor company failed to tell the firm that it had agreed to a redevelopment agency’s $50,000 legal fee cap for a bond issue.

Howrey Antitrust Co-Head Leaving Firm

Trevor Soames, co-chair of Howrey’s worldwide antitrust practice, has announced plans to leave the firm. Also, the firm confirmed Thursday it will shutter its Salt Lake City office on Feb. 15.

Key defendant in Galleon insider trading trial pleads guilty

[JURIST] A key defendant in the Galleon Group insider trading case pleaded guilty [press release] Wednesday to three counts of conspiracy to commit securities fraud before judge Richard Holwell of the US District Court for the Southern District of New …

Obama administration may resume military commission trials: NYT

[JURIST] The Obama administration may increase its use of controversial military commissions [DOD materials; JURIST news archive] for Guantanamo Bay [JURIST news archive] detainees, according to a New York Times report [text] Wednesday. Per the report,…

Accused Arizona gunman indicted

[JURIST] Jared Lee Loughner [JURIST news archive; case materials] was indicted [text, PDF; press release] Wednesday by a federal grand jury in Tuscon, Arizona. He is charged with attempting to assassinate a member of Congress [18 USC 351(c)] and two c…

Rights groups urge Lithuania to reopen CIA secret prison investigation

[JURIST] Human rights groups are calling for Lithuania to reopen its investigation into whether the US Central Intelligence Agency (CIA) [official website] had a secret prison in the country. Statements from Amnesty International (AI) and Reprieve [press releases] say that Friday’s decision to stop the investigation [Baltic Times report] was premature. AI says that it has a "dossier of information relevant to the investigation" it was planning to send to investigators this week, and will now do so along with…

U.K. Reform Looms for Success Fees in Wake of Naomi Campbell Case

The U.K. government looks set to reform "no win, no fee" deals in civil litigation following a European ruling that the arrangements risk breaching human rights legislation. A court found that a success fee used by model Naomi Campbell’s lawyer breache…

West Publishing Moves to Overturn $5 Million Libel Verdict

Lawyers for West Publishing are asking a federal judge to overturn a verdict of more than $5.1 million in a defamation suit brought by two law professors who claimed their reputations were damaged when West falsely identified them as the authors of a p…

Judge in Avandia Litigation Opens Door to Plaintiffs' Experts

Litigation over a diabetes drug that allegedly causes heart problems has reached significant milestones with the federal multidistrict litigation judge ruling that the plaintiffs’ experts pass scientific rigor and with more than 1,000 cases in Philadel…

DOJ appeals health insurance mandate ruling

[JURIST] The US Department of Justice (DOJ) [official website] on Tuesday appealed a ruling that found the minimum coverage provision of the recently enacted health care reform law [HR 3590 text; JURIST news archive] unconstitutional. The government fi…

Supreme Court hears arguments on Freedom of Information Act

[JURIST] The US Supreme Court [official website; JURIST news archive] heard oral arguments [day call, PDF; merit briefs] Wednesday in FCC v. AT&T [oral arguments transcript, PDF; JURIST report] on whether exemption 7(C) [DOJ backgrounder] of the Freedom of Information Act (FOIA) [5 USC 552] applies to corporations. Under exemption 7(C), an agency can withhold information pursuant to an FOIA request if that information can reasonably be believed to be a violation of the individual’s privacy. The issue of…

Supreme Court rules NASA background checks are constitutional

[JURIST] The US Supreme Court [official website; JURIST news archive] on Wednesday unanimously overturned [opinion, PDF] a lower court’s ruling [JURIST report] in NASA v. Nelson [Cornell LII backgrounder; JURIST report] and upheld the background checks…

Federal court dismisses ACLU request for Guantanamo transcripts

[JURIST] A three-judge panel of the US Court of Appeals for the District of Columbia Circuit [official website] ruled [opinion, PDF] Tuesday that the US government does not have to release non-redacted transcripts relating to the interrogation of certain "high value" detainees at Guantanamo Bay [JURIST news archive]. The court held that the Department of Defense (DOD) and Central Intelligence Agency (CIA) [official websites] did not improperly deny a Freedom of Information Act (FOIA) [text] request by the American Civil…

White & Case, Covington Hire U.K. Bribery Act Experts

White & Case and Covington & Burling have hired senior officials from the U.K. government’s Serious Fraud Office as firms continue to bolster their white-collar practices ahead of the introduction of a controversial new Bribery Act this April.

Firm Alleges Former Employee Stole More Than $100,000

A Dallas law firm has filed a civil suit against a former employee, seeking payment of more than $100,000 she allegedly stole from its coffers. Dallas’ Owens, Clary & Aiken filed a petition in the 95th District Court, alleging that a former employee, R…

Lawyer for Texas Exonerees Faces Misconduct Suit

The State Bar of Texas has sued attorney Kevin Glasheen, who collected millions of dollars from wrongly convicted ex-inmates, saying the fees he charged were illegal and unconscionable.

Howrey Vice Chairman Leaves for Dewey & LeBoeuf

Marking the latest departure from Howrey, Henry Bunsow, until recently
the firm’s vice chairman and managing partner of its Northern California
offices, is moving to Dewey & LeBoeuf.

Rwanda police issue international arrest warrant for ex-officials

[JURIST] The Rwanda National Police Force [official website] issued an international arrest warrant [press release] Monday for four former Rwandan government officials now living in the US and South Africa. The four include former army chief of staff G…

Impeached former federal judge surrenders law license

[JURIST] The Supreme Court of Louisiana [official website] on Friday granted [text, PDF] the request of a Louisiana federal judge who sought to permanently resign from practicing law. Ex-federal judge Thomas Porteous [JURIST news archive] voluntarily s…

Former Louisiana governor released from prison

[JURIST] Former Louisiana governor Edwin Edwards [official profile] was released from a federal prison Thursday after being allowed to finish the remainder of his sentence in home detention. Edwards has been in prison since 2002 when he was sentenced t…

Judge Acted Beyond Scope of Authority in Death Penalty Case

Judge Kevin Fine (pictured) of the 177th District Court in Houston overstepped his authority when holding a pretrial hearing to determine whether a provision of the Texas death penalty statute is unconstitutional. So said the Texas Court of Criminal Ap…

Security issues raised after standoff with gunman

Clerk of Courts Howard Forman said a standoff with a gunman inside the Broward County Courthouse in Fort Lauderdale should be a warning to county leaders that security improvements are desperately needed.

Circuit Finds 'Crude' Filmmaker Lacked Independence

Independence is the key factor in determining whether journalists can invoke a qualified evidentiary privilege for the information they have gathered. That point was emphasized yesterday as the Second Circuit explained why it upheld a judge’s order tha…

3rd Circuit: Letters to Debtor's Lawyer May Be Actionable

Ruling on an issue that has splintered the circuits, the 3rd U.S. Circuit Court of Appeals has ruled that lawyer-to-lawyer communications may be actionable under the Fair Debt Collection Practices Act if the information conveyed is false.

Hellerstein Vexed on Remedy for CIA Tape Destruction

The destruction of videotapes in 2005 showing abusive treatment of high-level al-Qaida detainees by CIA agents flouted an order by Southern District Judge Alvin K. Hellerstein to preserve the tapes. Five years later, the judge is still looking for a re…

Obama eases Cuba travel restrictions

[JURIST] US President Barack Obama [official profile] on Friday ordered the Departments of State, Treasury, and Homeland Security [official websites] to take steps to ease restrictions on travel and remittances [press release] to Cuba. The new regulati…

Tunisia president declares state of emergency, leaves office

[JURIST] Tunisian President Zine al-Abidine Ben Ali [official website] declared a state of emergency Friday amid nationwide protests, banning public gatherings and allowing police to fire on anyone refusing to obey orders. The declaration came a day af…

Kansas AG requests to join health care lawsuit

[JURIST] Kansas Attorney General Derek Schmidt [official website] sent a letter [text] on Wednesday to Florida Attorney General Pamela Bondi [official website] requesting that Florida add Kansas as an additional party plaintiff to its lawsuit [complain…

Leading U.K. Law Firms Consider Retirement Policy Shake-Up

Some top U.K. law firms may be set to overhaul retirement policies for partners and employees. Discussions have accelerated in the midst of a closely watched case involving a law firm partner and upcoming legislation that will abolish the default retir…

Fla. Judges Apologize for 'Taj Mahal Courthouse'

During a tense legislative session Wednesday, two judges made qualified apologies for their roles in the building of an opulent $48 million courthouse that critics called a "Taj Mahal."

Not All Vaccine Design Defect Claims Pre-empted

Less than a week after another scathing scientific report dismissing the theory that vaccines and autism are linked made international headlines, an en banc state Superior Court panel remanded the products liability case of an 11-year-old autistic boy,…

Superior Court Mulls Dow Employee's Subpoena in Brain Cancer Case

In the wake of Dow Chemical Co.’s acquisition of Rohm & Haas, the state Superior Court is considering whether a plaintiff alleging her husband’s brain cancer was caused by a chemical made by Rohm & Haas Co. can subpoena a Dow corporate designee to test…

ABA panel considering making the LSAT optional

The Law School Admissions Test is a rite of passage for aspiring lawyers, but could go from mandatory to voluntary under proposed changes to the American Bar Association’s law school accreditation standards.

No 'smoking gun' in UnitedHealth-PacifiCare merger

A federal appeals court has ruled that UnitedHealth Group Inc. and PacifiCare Health Systems Inc. did not violate federal antitrust laws by offering Medicare reimbursement rates to pharmacy operators that were lower than the competition.

Bankruptcy judge approves $7.2 billion settlement with Madoff client

[JURIST] A US bankruptcy judge approved a historic settlement on Thursday with the estate of Jeffry Picower, a friend and investor of fraudulent financier Bernard Madoff [JURIST news archive]. As part of the approved settlement, Picower’s widow, Barbar…

Number of free countries and electoral democracies dropped in 2010: Freedom House report

[JURIST] The number of free countries and electoral democracies dropped and the overall freedom in the Middle East and North Africa suffered for the fifth year, according to a report [text, PDF] released Thursday by the US-based rights group Freedom House [advocacy website]. The group’s annual assessment, Freedom in the World 2011 [materials], reports that 25 countries showed significant declines in 2010, while 11 countries showed increases, amounting to what Freedom House calls an "authoritarian challenge to democracy." According to…

Federal judge appointed to hear Arizona shooting case

[JURIST] A California federal judge was appointed Thursday to hear the trial of Arizona shooting [NYT backgrounder] suspect Jared Loughner. Judge Alex Kozinski [official biography] of the US Court of Appeals for the Ninth Circuit [official website] ap…

New York judge allows release of NYC teacher performance data

[JURIST] A New York State Supreme Court [official website] judge on Monday ruled [opinion, PDF] that the New York City Department of Education [official website] may release performance data on 12,000 city teachers. The order permits the Department of …

Mogul Conrad Black returns to court for status hearing

[JURIST] Media magnate Conrad Black [CBC profile; JURIST news archive] returned to the US District Court for the Northern District of Illinois [official website] Thursday for a status hearing before judge Amy St. Eve [official biography]. St. Eve will …

Associated Press, artist settle copyright infringement claims over Obama 'Hope' image

[JURIST] The Associated Press (AP) [official website] and artist Shepard Fairey on Wednesday reached a settlement agreement [AP press release] on their opposing copyright infringement claims stemming from Fairey’s unauthorized use of an AP photo of incumbent US President Barack Obama [official website]. Fairey’s iconic red, white and blue artistic rendering of the AP photo was used on campaign materials during the 2008 presidential election that were captioned with the word "HOPE." According to the agreement, "[n]either side surrenders its…

Part-Time Lawyers Becoming More Common, NALP Says

Part-time schedules at law firms are growing in popularity as a way of improving recruitment and retention, but attorneys working reduced hours — predominantly women — remain a small fraction of the total population, says a new National Association f…

Fed. Judge Finds 'Intentional' Bad Faith on Insurer's Part

Finding that a bad faith claim against an insurer was so strong that it need not be tried, a federal judge in the Western District of Pennsylvania has granted summary judgment to the plaintiff on both her bad faith and breach of contract claims.

Court denies Texas request for stay of new EPA rules

[JURIST] The state of Texas on Wednesday failed for the third time in two months at its attempts to block new Environmental Protection Agency (EPA) [official website] regulations governing greenhouse gas emissions. The U.S. Circuit Court of Appeals for…

Informal Poll Shows Frustration Over Pay Continues for Judiciary

The formation of a commission to recommend judicial salaries, an initiative lauded by state court administrators, has not quelled the frustration of state judges who continue to demand an immediate raise and retroactive salary hikes, according to an on…

Illinois Senate votes to abolish death penalty

[JURIST] The Illinois Senate [official website], sitting in a lame-duck session, on Tuesday passed a bill abolishing the state’s death penalty [JURIST news archive]. The amended bill (SB3539) [amendment, text], approved [JURIST report] by the House las…

Federal judge rules Washington primary election system constitutional

[JURIST] A federal judge on Tuesday ruled [opinion, PDF] that Washington state’s "top-two" primary election system is constitutional. Judge John Coughenour of the US District Court for the Western District of Washington [official website] held that voters were not confused [Seattle Times report] by the current version of Washington state’s ballot, which allows candidates to list which political party they prefer even if that party does not back the candidate. The top two vote-getters in a primary then advance to…

Federal judge rejects Algerian Guantanamo detainee's habeas petition

[JURIST] A federal judge in the US District Court for the District of Columbia [official website] on Tuesday denied [opinion, PDF] the habeas corpus petition of Guantanamo Bay [JURIST news archive] detainee Abdul Razak Ali. The judge rejected Razak Ali…

Supreme Court stays Texas execution

[JURIST] The US Supreme Court [official website] voted Tuesday to stay the execution [JURIST news archive] of convicted murderer Cleve Foster [Texas Department of Criminal Justice profile; case materials] until it decides whether to grant his petition …

Arizona passes emergency law prohibiting funeral protests

[JURIST] Arizona Governor Jan Brewer signed [press release, PDF] emergency legislation [SB1101 materials; text] Tuesday making it a crime to picket or protest a funeral. The move comes after Reverend Fred Phelps’s Westboro Baptist Church [WARNING: read…

Snow Snags Work at Atlanta Law Firms

Snow and ice closed down some of Atlanta’s biggest firms on Monday and Tuesday, including King & Spalding. Alston & Bird and Troutman had skeleton crews stay in hotels and run their offices.

Prius headlights class action certified following settlement

A federal judge on Monday certified a class of potentially 320,000 owners and lessees of Prius hybrids who have reached a settlement with Toyota over claims that their LED headlights are defective because they intermittently shut off.

Justice Kagan Announces Her Debut Opinion

Supreme Court Justice Elena Kagan announced her first opinion Tuesday, ruling in a bankruptcy case in which she was joined by all her colleagues except for dissenting Justice Antonin Scalia.

Rights group asks court to resume consideration of 'Don't Ask Don't Tell' appeal

[JURIST] The Log Cabin Republicans [advocacy website] on Monday urged the 9th U.S. Circuit Court of Appeals [official website] to resume proceedings in their lawsuit against the military’s "Don’t Ask, Don’t Tell" (DADT) policy [10 USC 654 text; JURIST news archive]. The advocacy group filed a response [text, PDF] to a motion to delay that was recently filed by the Obama Administration [JURIST report] in US v. Log Cabin Republicans [case materials]. In its response, the group argues that…

Supreme Court denies tax exemption for medical residents

[JURIST] The US Supreme Court [official website] on Tuesday ruled [opinion, PDF] 8-0 in Mayo Foundation for Medical Research v. United States [SCOTUSblog backgrounder] that medical residents are not classified as students for the purpose of federal tax…

New York high court dismisses case against bond insurer

[JURIST] The New York Court of Appeals [official website] on Tuesday dismissed [opinion] a lawsuit against bond insurance company MBIA [corporate website] alleging breach of contract brought by several of the world’s largest financial institutions. The…

US trial begins for Anti-Castro militant

[JURIST] The trial [court materials] of anti-Castro Cuban militant Luis Posada Carriles [BBC profile; JURIST news archive] began Monday on charges of lying to federal immigration officials that could carry a sentence of up to 60 years in prison. He is …

HRW urges greater efforts to close Guantanamo

[JURIST] Human Rights Watch (HRW) [advocacy website] on Monday urged [press release] President Barack Obama make greater efforts to close Guantanamo Bay [JURIST news archive] despite congressional opposition. In the press release, issued on the eve of …

Slander Suit Pits Houston Lawyers Against Each Other

Houston lawyer Craig Washington has filed a slander suit against solo Seth Kretzer Jr. (pictured), alleging Kretzer said Washington would not provide "effective and competent legal representation" to a client. Kretzer denies the allegations, which he d…

Father-Son Fight Erupts at Furth Firm

Frederick Furth’s stepson is suing for more than $2 million in legal fees he says he’s entitled to under an agreement reached after he left his father’s now-closed firm.

Lawyers: Flat fees pose ethics issues

A flat-fee plan has benefits for the client, but lawyers — like Thomas Harper, who quit his firm rather than work on a flat-fee basis for State Farm — say it could create an ethics conflict.

UN SG renews support for Lebanon tribunal

[JURIST] UN Secretary-General Ban Ki-moon [official website] on Sunday renewed his support for the UN-backed Special Tribunal for Lebanon (STL) [official website], which is investigating the 2005 murders of former Lebanese Prime Minister Rafiq Hariri […

Supreme Court grants certiorari in seven cases

[JURIST] The US Supreme Court [official website; JURIST news archive] on Friday granted certiorari [order list, PDF] in seven cases. In Erica P. John Fund, Inc. v. Halliburton Co. [docket; cert. petition, PDF], the court will determine whether investor…

Charges filed in shooting death of Arizona federal judge

[JURIST] Federal charges [criminal complaint, PDF] were formally filed on Sunday against Jared Loughner, the man is accused of shooting to death [JURIST report] Chief Judge John Roll of the US District Court for the District of Arizona [official websit…

Supreme Court remands tribal sovereign immunity suit

[JURIST] The US Supreme Court [official website; JURIST news archive] on Monday remanded [order, PDF] the case of Madison County v. Oneida Indian Nation [docket; cert. petition, PDF] to the US Court of Appeals for the Second Circuit, ordering the lower…

Dewey's New (Unspecified) Vacation Policy

Dewey & LeBoeuf has a new policy that provides unspecified, possibly increased, paid vacation time. But The Careerist blogger Vivia Chen wonders if the new system amounts to a salary cut for some associates.

Judge killed in Arizona shooting was ardent advocate for his court

Chief judge of the U.S. District Court for the District of Arizona John Roll was killed by a gunman in Tucson on Jan. 8. The 63-year-old judge attended the event to speak with U.S. Rep. Gabrielle Giffords about the volume of federal cases in Arizona, a…

Massachusetts high court rules against banks in crucial foreclosure case

[JURIST] The Massachusetts Supreme Judicial Court [official website] issued a decision [text, PDF] on Friday ruling against banks in two foreclosure cases that could have important implications on similar cases both inside and outside of the state. In the consolidated decision Justice Ralph Gants [official profile] ruled that neither US Bank National Association nor Wells Fargo, which were not the original mortgagees, failed to prove they were the holders of the mortgages at the time of foreclosure. "As a result,…

Arizona's Chief Federal Judge Among Shooting Victims

The death Saturday of U.S. District Judge John M. Roll, at the hands of a gunman apparently intent on assassinating Arizona U.S. Rep. Gabrielle Giffords, stunned those who mourned the loss of a devoted, talented and gentle man.

Amended citizenship requirement bill introduced in US House

[JURIST] US Rep. Steve King (R-IA) [official website] on Wednesday introduced legislation [HR 104 materials] designed to restrict the automatic grant of citizenship to children born on US soil. The bill, designated the "Birthright Citizenship Act of 2011," seeks to deter illegal immigration [JURIST news archive] by amending the Immigration and Nationality Act (INA) [text] to limit citizenship only to those children with at least one parent that is a citizen, legal resident or an alien member of the US…