Here is a story of woe about Juliet, and for once, there is no Romeo in sight. No, this Juliet is facing the unhappy situation of a negligence lawsuit where an elderly lady was hit by a bike, injured and later died. Did we mention Juliet is 6? At the time of the accident, Juliet was three months short of her 5th birthday. Due to her advanced age, the judge in the case ruled she can be sued for negligence....
Durell v. Sharp Healthcare, D054261, and Hale v. Sharp Healthcare, No. D054637, both involved a putative class action against defendant-healthcare provider, alleging violations of the unfair competition act and the Consumers Legal Remedies Act (CLRA) and other claims, claiming that defendant engaged in deceptive and unfair practices by billing uninsured patients the full standardized rates for their services, while giving substantial discounts to patients who are covered by Medicare or private insurance....
Indianapolis Colts owner Jim Irsay has pleaded guilty to a misdemeanor count of operating a vehicle while intoxicated. The OWI charge stems from an arrest earlier this year after Irsay was pulled over and found to have oxycodone and hydrocodone – both powerful painkillers – in his system as well as the anti-anxiety drug alprazolam, reports ESPN. What criminal penalties is Irsay now facing? In Indiana, DUI is known as OWI or operating while intoxicated, though the laws governing OWI operate in much the same way as DUI laws in other states....
In a weird story out of Georgia, a woman spent a month in jail because police refused to believe that the residue on her spoon wasn’t meth. Turns out, it was actually the remnants of the SpaghettiOs the woman had eaten earlier. Of course, when the crime lab analysis on the spoon came back negative for methamphetamine, the district attorney’s office was forced to drop charges against the woman, reports the Gainesville Times....
The past few weeks have been busy for cases originating in the D.C. Circuit Court of Appeals. The Supreme Court of the United States granted certiorari in three cases, two of them related, and issued a decision today. The two related cases involve the interpretation of the Administrative Procedure Act, the third case granted cert. involves the delegation doctrine, while the High Court decision issued today interprets the Clean Air Act....
FERC Oil Pipeline Order Affirmed In Flint Hills Resources Alaska, LLC v. FERC, No. 08-1270, a petition for review of the Federal Energy Regulatory Commission’s orders finding certain oil pipeline rates filed for 2005 and 2006 to be unjust and unreasonable, but not discriminatory or unduly preferential, the court denied the petition where: 1) by the time of the ratemaking settlement agreement at issue, any reasonable investor would have abandoned any hopes in the valuation methodology; 2) the Commission’s alleged miscalculation had no impact on the rates and refunds at issue here; and 3) it was unclear how a non-shipper complainant, with interests such as those of the state of Alaska, could show competitive injury....
We know: “Top 10” posts are way overdone, as are year-in-review posts. But we’re doing one anyway, and expanding our list to 11. Why? Because it’s a great way to survey the pulse of the young law student/young lawyer community. (This is FindLaw’s Greedy Associates blog, after all.) What sparked your interest this year? Free and cheap things. Lawyers who starred in porn. And debt, law school, and women in the legal profession....
Indianapolis police say Bellamy was pulled over for an unrelated traffic violation. As the officer approached, he saw Bellamy digging around the back seat. (Criminal law hint 1: digging around your car in a panic as police approach is unwise.) After witnessing Bellamy’s frantic movements, the officer asked Bellamy if there were any guns in the car. Bellamy’s reply: “No…you’re not going to search the car, are you?” (Criminal law hint 2: don’t say that, ever....
As the old saying goes, where there’s smoke, there’s fire. Harvard is learning the hard way that though it’s great to give someone the benefit of the doubt, sometimes the risk is miscalculated. Harvard’s newly minted diving coach, Chris Heaton, resigned less than a week after he was put on leave, due to sexual allegations which came to light in a recent lawsuit filed against RipFest Diving. Prior to Harvard, Heaton had been a coach at RipFest, as well as Ohio State Diving Club....
In plaintiffs’ tort action arising from a car accident against the defendant on theory of respondeat superior, trial court’s grant of summary judgment in favor of defendant is reversed where an employee’s attendance at an out-of-town business conference may be considered a special errand under the special errand doctrine, and in addition, when an employee intends to drive home from an errand, the errand is not concluded simply because the employee drives his regular commute route, but rather, the errand is concluded when the employee returns home or deviates from the errand for personal reasons....
We get it, we really do. Some jokes are begging to be told. They’re absolutely inappropriate, yet they need to be shared. If you’re with your friends, go ahead and tell them. But if you’re talking to the Wall Street Journal, you might want to reconsider. Especially if it concerns a client’s mangled penis. San Diego’s Carpenter, Zuckerman & Rowley, LLP unfortunately did not heed this advice. The firm, which recently won a $7....
Ever thought about ditching the profession and going into business? Think it’ll be easy with a law degree in your back pocket? Think again. Paul Mandell left his high-paying job at Arnold & Porter and has since started two companies. He says his legal education initially “created significant hurdles.” It made him “risk-averse and perfection-obsessed” such that he wasted time and possibly lost out on unique opportunities. In one poignant example, Paul Mandell explains that he spent hours editing a 4-page commercial lease....
Millennials are taking over. With more than 75 million 20- to 30-somethings in their ranks, Millennials now outnumber Baby Boomers as America’s largest generation. They recently became the largest part of the workforce, as well, and by 2025 they’ll make up 75 percent of all workers. But what do in-house counsel think of this new generation? According to a recent survey by Thomson Reuters, many in-house attorneys think Millennials will bring much-needed changes to the profession, while some of the old guard still have concerns about these upstarts....
A federal court in Oakland, California, has begun hearing the much-discussed lawsuit pitting college athletes, led by former UCLA basketball standout Ed O’Bannon, against the National Collegiate Athletic Association. What is this federal antitrust lawsuit all about, and what might it mean for the future of big-time college athletics? Here are the answers to five key questions about O’Bannon v. NCAA: Who is Ed O’Bannon? Ed O’ Bannon was a star player for UCLA’s 1995 National Champion basketball team....
Petition for Review of Nuclear Regulatory Commission’s Order In Shieldalloy Metallurgical Corp. v. Nuclear Reg. Comm’n, No. 09-1268, a petition for review of the Nuclear Regulatory Commission’s (NRC) transfer of regulatory authority to New Jersey, that New Jersey’s nuclear energy program was incompatible with the federal scheme and that the transfer of authority was arbitrary and capricious, the court granted the petition where the NRC should have explained how petitioner’s decommissioning process could proceed under the New Jersey regime free of the interference and interruption sought to be avoided by the NRC’s Criterion 25 and why the partial transfer was not an appropriate alternative arrangement....
Some people take their artificially flavored fruit punch power-mix very seriously, as evidenced by what happened in a recent Kool-Aid fight that ended up in an assault. Brandon Antron Crosley, 22, of Cocoa, Florida, was apparently making Kool-Aid last week when his father, 48-year-old Greg Crosley, tried to share some tips on how to prepare it more properly. Brandon did not take this well. He allegedly punched his dad in the head a few times....
In plaintiff’s case against defendant claiming political abuse and misuse of campaign funds in connection with a measure, trial court’s denial of defendant’s motion to strike the ninth cause of action in plaintiff’s complaint is reversed as plaintiff does not have the right to prosecute her ninth cause of action as a private attorney general under sections 89512.5, 89513, and 89514 of the Political Reform Act. Read Steadman v. Osborne, No....
Christopher Lee, a Texas justice of the peace, is up front with the people in his courtroom. “This is a redneck court,” he liked to say when opening for business. Then the judicial performance commission warned him that was not how he should start the day. It’s a reminder that cultures clash sometimes, but we shouldn’t cause them. “Redneck Court” Lee presides over small claims cases in Riviera, a farming community of about 2,000 people....
The Elbit Systems v. Thales Visionix appeal came down to a battle of experts, and it was the more supported expert’s testimony that carried the day for Thales Visionix. Thales Visionix is a French defense company that has vigorously defended their motion tracking patent. It has accused the U.S. Government as well as Elbit Systems of infringing on their IP. In response, Elbit brought an inter parties review action, which has not been successful....
If you try to kill someone, blame it on a board game. It’s the best defense ever. Or not. A 15-year-old boy in Weslaco, Texas, has been charged with attempted murder and is accused of stabbing a friend with a 4-inch knife. When asked about his motivation, he claimed the Ouija board told him to do it. After further investigation into the Ouija board stabbing, police realized that the board game operates on teenage logic....
