We wouldn’t exactly call the D.C. Circuit the sleeper circuit, but let’s just say that since it covers a small area, big headlines aren’t made as frequently as say, the Second or Ninth Circuit. Not so, lately. As the Court sits in our nation’s capital, it’s getting politically charged lately with high profile cases making their way into the circuit. Here’s an update on changes to the bench, impending trials and controversies....
Sunline Transit Agency v. Amalgamated Transit Union, Local 1277, E049209, concerned a challenge to the trial court’s denial of defendant employer’s petition to vacate a contractual arbitration award, and grant of a petition to confirm the award, in plaintiff’s suit against her former employer. Starr v. Starr, B219539, concerned a challenge to the family law court’s finding that the house the husband bought in his name only while married to his former wife was community property in ordering him to convey the property to them both as tenants in common, in a marital dissolution proceeding....
In an appeal from a Fed. R. Civ. P. 11 sanction issued against plaintiff’s attorney, the order is vacated where: 1) there is no basis in the text of Rule 11(b)(3) for the legal proposition that an attorney must separately identify “fact” and “inference” in court papers; and 2) the “factual contentions” in plaintiff’s pleadings had “evidentiary support.” Read Lucas v. Duncan, No. 07-5264 Appellate Information Argued December 11, 2008...
In a bizarre legal loophole, Oklahoma’s criminal statutes don’t prohibit forcible oral sodomy if the victim is too intoxicated to consent, even to the point of complete unconsciousness. So said a unanimous state appeals court, confirming a lower court’s dismissal of criminal charges against one teen who had oral sex with another who said she has no memory of the incident and whose blood alcohol content afterwards was .34. In a curt, two-page opinion, four judges on Oklahoma’s Court of Criminal Appeals agreed that they “will not, in order to justify prosecution of a person for an offense, enlarge a statute beyond the fair meaning of its language....
Boxer Floyd Mayweather Jr.’s ears must have been burning. After Manny Pacquiao dismantled Antonio Margarito in a title fight over the weekend, Mayweather’s name was tossed around incessantly: Will the Pacquiao Mayweather bout, the fight all of boxing wants to see, happen now? Is Mayweather scared or just dodging Pacquiao? So perhaps Mayweather was a bit surly from being called out when he allegedly got into it with a security guard Monday, resulting in yet another brush with the law....
Those of us deeply nerded into patent litigation – and let’s face it, if you’re reading this now, that’s you – were pleased and surprised when the U.S. Supreme Court decided Alice Corp v. CLS Bank International last term. With Alice, the Court said that taking an obvious, otherwise non-patentable idea and adding “on a computer” to the end of it doesn’t suddenly make it patentable. In Alice, that was a calculation of risk in a financial transaction, something Justice Thomas said has been around forever....
You know how they say “you snooze, you lose”? Well, as it turns out if the judge is the one that falls asleep, you don’t lose. You get a retrial. At least that’s the case in Sweden. A Swedish judge fell asleep during some legal proceedings. As a result, a retrial was ordered. And the judge will no longer be presiding. The judge maintained that he didn’t fall asleep during the trial....
Why is it that the shady attorneys make the most compelling television characters? Lawyers get a bad rap, but most of us follow the rules. We honor our ethical obligations. We want to do the right thing. But when we see a delightfully unethical attorney on the screen, we can’t look away. Here are three of our favorites from TV shows of the past (and almost past). If you aren’t yet acquainted with this trio, snuggle up on your sofa and queue up your Netflix for some legal drama marathons....
The long saga of Dallas Cowboys running back Ezekiel Elliott versus the National Football League reached the U.S. Second Circuit Court of Appeals this week, where Elliott was granted a stay of his suspension. After a U.S. District Court in New York ruled in the NFL’s favor, the NFL Players Association appealed the ruling to the Second Circuit, and won Elliott at least a brief reprieve – he will play this Sunday against the Kansas City Chiefs....
A recent study by a Florida State University law professor and University of Missouri psychology professor revealed that lawyers making a lot of money in a “prestigious” job are less happy than those working in public service positions, according to the ABA Journal. We’re shocked. It’s ingrained in our minds during law school that grades, honors, and awards are everything when it comes to achieving that dream job in the legal world – but what happens when you get that big, fat paycheck, and you still aren’t happy?...
Here at FindLaw, we understand the pressures of being a legal professional - most of us are recovering lawyers - so we want to help by tossing you that preferred life preserver of the legal profession, the short list. Today’s offering: Top five things to know about Federal Circuit Court of Appeals Judge Alan Lourie. Judge Lourie recently told a crowd at the George Washington University Law School that he doesn’t sweat Supreme Court review of the Federal Circuit’s decisions because it “clearly perceives patent law not as an obscure backwater but an important part of the economy,” reports BNA....
Cops have heard most excuses for speeding but Mandy Ramsey of Fort McCoy, Florida may have a new one. She couldn’t stop because she was topless. At least it’s original. To be fair, Ramsey wasn’t speeding because she was topless. But she did allegedly lead police on a car chase because she wasn’t wearing a shirt. Somehow we don’t think that will help with the charges against her. Police tried to pull Ramsey over for driving 70 in a 50 mph zone but she sped away so they went after her....
You didn’t think you were speeding. You definitely had your blinker on. And there’s no way you rolled through that stop sign without stopping. But here you are, pulled over on the side of the road, with an officer writing you a traffic ticket. She’s probably explaining your legal options to either pay the ticket online or by mail, appear in court, or challenge the ticket. But how long do you have to challenge a traffic ticket before it’s too late?...
Is it harder to pass the Mississippi bar exam or to spell the state’s name – without looking or repeating that memory jingle? If that mnemonic jumped into your head or you looked, no worries – let’s just say 50 percent of the people can’t spell “Mississippi” without cheating a little. But did you know that barely 36 percent of the people who took the Mississippi bar exam in February passed?...
According to a recent study discussed in the Harvard Business Review, lawyers are the loneliest group of workers in America. Given the legal profession’s proclivity for long hours, alcoholism, and depression, most lawyers are probably thinking: I am Jack’s complete lack of surprise. The study surveyed almost 2,000 full time employees across various industries. Interestingly, the findings correlate higher education with higher levels of loneliness and suggests that: “The solitude of the ivory tower seems to be a real phenomenon....
In a recent report, there seems to be a tone of shock that the complaints lodged against federal judges rarely see the light of day. As an attorney, you not only know better than to be shocked, you’ve probably considered filing complaints yourself for all sorts of reasons. Judges, right? However, with former Justice Kozinski’s recent resignation amid damning allegations, the Chief Justice of the Supreme Court decided to investigate the whole complaint process....
Women at Microsoft in U.S.-based technical jobs filed 238 internal complaints about gender discrimination or sexual harassment between 2010 and 2016, according to newly released court records. In a proposed class action, the plaintiffs cite the numbers to allege the company routinely denies pay raises and promotions to women. With up to 8,000 possible plaintiffs, the numbers are daunting. For a company with 124,000 workers worldwide, however, the complaints represent less than two tenths of a percent of the total workforce....
The Internet got a load of a University of Iowa student’s vodka-fueled antics after she tweeted her “epic” blood alcohol level with the hashtag “#YOLO.” (For our readers over 30, that stands for “You Only Live Once.”) Known to her friends and family as Samantha Lynn Goudie, the 22-year-old was arrested after allegedly trying to “jump onto the field during a Northern Illinois-Iowa game” on Saturday, reports The Huffington Post. After police restrained her, Goudie registered a whopping 0....
In both Minnesota and California this past week, two cities elected dead candidates to lead them. In Oceanside, CA, Gary Ernst was elected as treasurer, despite having died in September before the election. In Lindstrom, MN, Joe Wishy was also elected and also passed away in September before the election. In both unfortunate scenarios, the ballot process prevented any changes from being made to remove the deceased candidates from the ballot....
When companies evaluate their legal departments, generally, the most important metric involves cost: Did the lawyers save the company more money than they cost? However, this metric is incredibly elusive, as litigation/legal exposure is about as far from an exact science as it gets. In addition to the various dollars and cents metrics that companies have used for years, there are quite a few metrics that go beyond the usual. Below you can read about three less common metrics you can use to evaluate your in house legal team....
