Law 360

MAY 19, 2023

The firm Butzel Long cannot defend itself from a malpractice suit using a time-barring statute of repose that hadn't been enacted as law yet at the time when the firm signed a tolling agreement with its former client, a Michigan appellate court ruled.

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SCOTUSBlog

APRIL 25, 2022

Tax Court has the power to excuse the missed deadline for equitable reasons, the Supreme Court ruled on Thursday in a unanimous decision. It held instead that the statute is not jurisdictional, and that equitable tolling is an available argument in Tax Court. But the court rejected the government’s argument.

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LawSites

JULY 19, 2022

Recently, I reported here on the “quiet” launch of a new legal research service, Decisis , targeting bar associations and 1-2 lawyer law firms. Virgin Islands, and four-dozen metropolitan, county and specialty bar associations, for a total number of users of more than 1 million lawyers, out of an estimated 1.3

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MyCase

OCTOBER 20, 2022

When it comes to litigation, missing a deadline isn’t an option, and with so many shifting statutory and court rules to adhere to, that can be difficult to manage. A rules-based calendaring system not only houses your calendar and upcoming deadlines but also syncs with any rules you set, including a specific court’s rules.

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SCOTUSBlog

JANUARY 20, 2021

In a speech at Harvard Law School in 2015, Justice Elena Kagan told the audience that “we’re all textualists now” – that is, that any effort to interpret a statute begins (and often ends) with the language of the statute. Representing the oil and gas companies, lawyer Kannon Shanmugam told the justices that 28 U.S.C.

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SCOTUSBlog

DECEMBER 2, 2021

Though some justices seemed receptive to the availability of emotional distress damages, questions from the bench also suggested concern about the size of emotional distress awards and the absence of explicitly defined remedies in the statutes Cummings invoked. Cummings’ lawyer, Andrew Rozynski, and Colleen Sinzdak, arguing for the U.S.

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MyCase

AUGUST 16, 2022

Whether your retirement is around the corner or further down the road, retirement for lawyers requires extensive preparation. There are certain lawyer retirement rules and regulation requirements you’ll need to follow—and they vary from state to state. . When Do Lawyers Retire? ABA rule 1.4 According to the U.S.

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LawSites

NOVEMBER 8, 2023

primary law library of cases, statutes, regulations, court rules and constitutions. The e-discovery company DISCO said today it has entered into a long-term license with the international legal research company vLex to obtain access to its U.S.

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SCOTUSBlog

JUNE 1, 2023

Pirani rejected a lower-court ruling that had substantially broadened liability for publicly traded companies under Section 11 of the Securities Act of 1933. The “challenge” in understanding the statute, Gorsuch pointed out, is that “there is no clear referent in § 11(a) telling us what ‘such security’ means.”

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Statute Technology Court Court Decisions 103

JonathanTurley

NOVEMBER 8, 2022

Democratic Senate candidate John Fetterman and other Democrats have filed a federal lawsuit to strike down parts of Pennsylvania’s election law after the state Supreme Court ruled that mail-in ballots with incorrect dates or no dates should not be counted.Fetterman is challenging the state law on constitutional and federal statutes.

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SCOTUSBlog

APRIL 18, 2023

Pirani suggest a court leaning toward a split decision, rejecting liability under only one of the two securities-law statutes at issue in the case. Slack Technologies asks the court to apply two provisions of the Securities Act of 1933 to a relatively new method of going public known as a “direct listing.”

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Statute Court Rules Technology Court 101

Day on Torts

FEBRUARY 16, 2022

The Court noted that plaintiff’s only evidence that the cap was dangerous was the evidence of her own fall and the fall of the alleged other unnamed homeowner, and that “[n]egligence cannot be presumed by the mere happening of an injury or accident.” internal citation omitted). Code Ann. § This opinion was released 1.5

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Day on Torts

MAY 18, 2022

Plaintiff asserted various claims against defendants, including breach of contract, fraud, intentional misrepresentation, and negligence, all of which the trial court dismissed as untimely pursuant to the three-year statute of limitations applicable to claims of injuries to real property. In Simpkins v. John Maher Builders, Inc. ,

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SCOTUSBlog

JULY 7, 2021

This is not something contemplated by the text of the statute or its legislative history. For practicing election lawyers, this is virtually the same thing as a test. It would create a standard that would make it difficult for a state to ever make any changes to its election laws.

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Day on Torts

JANUARY 15, 2022

In the year ending June 30, 2020 (the last period for which information is publicly available) the High Court was asked to accept review in 569 cases. These are the cases where the Court has the discretion whether to hear the case or allow the lower court ruling to stand. Code Ann. § 20-12-119(c).

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SCOTUSBlog

JUNE 28, 2022

The court ruled for the doctors, with Breyer writing for six justices, and Justice Samuel Alito concurring in the judgment on behalf of himself, Justice Clarence Thomas and, in part, Justice Amy Coney Barrett. And Breyer was clear that circumstantial evidence might be important to such an inquiry.

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SCOTUSBlog

SEPTEMBER 29, 2023

But the lower courts ruled, and the federal government contends, that the “safety value” is only available to defendants who do not have any of the indicators. He argues that the “safety valve” therefore applies because he has two of the “indicators” that can disqualify someone from relief, but not all three.

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SCOTUSBlog

JULY 9, 2024

A federal district court in Florida tossed their paperwork, given the requirement in the federal drug statute that third-party petitions to reclaim seized assets “be signed by the Petitioner under penalty of perjury.” The two business owners, the lower court ruled, must forfeit the $9,000. In Sanchez v.

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Small Business Court Statute Court Decisions 84

JonathanTurley

JUNE 29, 2022

In an unanimous 6-0 ruling, the Michigan Supreme Court held that her office committed a fatal and inexplicable error in prosecuting nine officials for the Flint water crisis, including former Gov. Nessel then restarted the prosecutions anew but ignored statutes that clearly do not allow the use of a single judge to issue indictments.

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Day on Torts

OCTOBER 3, 2022

Defendant filed a petition for dismissal pursuant to the TPPA, and after finding that the TPPA applied, that plaintiff was a limited-purpose public figure in the context of this action, and that plaintiff “had not established a prima facie case for actual malice,” the trial court dismissed the case. The TPPA, Tenn. Code Ann. §

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Day on Torts

DECEMBER 8, 2022

Under Tennessee Rule of Civil Procedure 41.01, “the right of the plaintiff to dismiss the action without prejudice is free and unrestricted except in limited and well-defined circumstances.” Rule 41.01 internal citation omitted). internal citation omitted). internal citation omitted). internal citation omitted). exceptions in general.

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Day on Torts

MAY 31, 2022

When that friend could not find a Tennessee lawyer to take her case before the statute of limitations ran out, he sent her a sample pre-suit notice form. BirdDog Law also provides Tennessee lawyers with free access to user-friendly versions of the Tennessee rules of evidence and procedure.

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Tort Statute Court Construction 59

Day on Torts

MAY 11, 2022

In subsection (a)(1), which was the subsection at issue in this case, the statute only states that the certificate must say that “there is a good faith basis to maintain the action consistent with the requirements of § 29-26-115.” 3, 2019), the Court ruled that “language in a complaint cannot substitute for a proper certificate of good faith.”

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SCOTUSBlog

JANUARY 12, 2021

Court of Appeals for the 11th Circuit upheld that decision, Uzuegbunam went to the Supreme Court, which agreed last summer to weigh in. We have “very imaginative lawyers with imaginative damages theories,” Gorsuch quipped. Those statutes deter wrongdoers in the regulated industries and allow consumers to vindicate their rights.

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Day on Torts

SEPTEMBER 9, 2022

Plaintiff attempted to rely on additional documents referred to in the SCES manual to support a finding of duty, but the Court noted that the Manual specifically referred to these additional documents in an attempt to provide proper pruning methods, not to add to defendant’s contractual duty. internal citations omitted).

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LawTechnologyToday

NOVEMBER 24, 2021

The most popular usage of e-books by those who do access them was to conduct research on statutes, followed by forms/agreements/contracts, court rules, regulations, and cases in that order. A plateau has been reached with e-books and their use amongst lawyers, it seems. Legal-Specific Software.

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Technology Metadata Attorney Project Management 100

CARET Legal

JULY 19, 2024

The court rules in favor of the opposing party, and your client loses the case. According to a study at Lawyer Mutual, missed deadlines remain the number one source of malpractice claims. By the time you realize your mistake, it’s too late.

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Calendaring Law Firms Law Firm Legal Technology Solution 98

At the Lectern

FEBRUARY 13, 2024

Supreme Court’s Dred Scott decision, the court stated, “where slavery exists, the right of property of the master in the slave must follow as a necessary incident.” Lee later got his freedom from a federal court ruling. ” Historic Supreme Court justices. ” (9 Cal. Flood (1874) 48 Cal.

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MyCase

DECEMBER 15, 2022

This is particularly important for busy lawyers and those handling multiple complex or long-term cases. Also, most lawyers already know how to manage their own calendars. . Additionally, MyCase offers a direct LawToolBox integration that provides access to a library of hundreds of court rule sets across the U.S.

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Day on Torts

FEBRUARY 24, 2022

Regarding the permanence of plaintiff’s injury, the Court found that plaintiffs’ experts had testified to some permanence for both his leg and back and his cognitive injuries, and that the medical testimony was “corroborated by [plaintiffs’] respective testimony that [plaintiff’s] physical and cognitive symptoms have not improved since the accident.”

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Day on Torts

MARCH 28, 2022

The Court ruled that this response was insufficient and that the statement was thus admitted, explaining: Rule 56.03 Accordingly, the Court ruled that the fact was admitted and defendant could not “be charged with actual notice.”. internal citations and quotations omitted). Summary judgment was therefore affirmed.

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Day on Torts

SEPTEMBER 14, 2022

After discovery, DSS filed a motion for summary judgment, which the trial court granted. The trial court ruled that plaintiff had asserted a premises liability claim, and that “DSS did not owe Plaintiff a duty of care under premises liability.” Plaintiff then amended his complaint to assert claims against DSS as well.

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Tort Construction Court Statute 59

Day on Torts

FEBRUARY 8, 2022

Because of this, the Court held that the HCLA applied “regardless of the theories of liability.”. Plaintiff argued that the misrepresentations negated her consent, making the surgical procedure a medical battery, but the Court ruled that the HCLA still applied. Click on the link to see the book’s Table of Contents.

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Day on Torts

DECEMBER 5, 2022

The Court noted that this exact issue had been addressed in a 2020 Court of Appeals case, where the Court stated: “The law in Tennessee is well-established on this issue, and it is not the role of this Court to depart from it.” Accordingly, the Court ruled that, pursuant to Tenn. internal citation omitted).

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The Researching Paralegal

APRIL 26, 2020

I was impressed to see that both students and professors have access to online exercises for each chapter using Core Knowledge for Lawyers ( [link] ). Everyone learns in a different way, but I think the opportunity to practice what you have learned is one of the strongest ways to teach.

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Rocket Matter

AUGUST 12, 2022

Let’s look at how attorneys can use calendar software and integrations to streamline workflows and better manage rules and deadlines. One of the most important responsibilities as a lawyer is to hit all the filing deadlines. Plus, deadlines are automatically updated when the court rules change. LawToolBox.

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Day on Torts

OCTOBER 24, 2022

Plaintiff argued that Erlanger’s payments to UT were essentially funneled to defendant, but the Court rejected this argument. The Court noted that defendant was not a party to the contract between UT and Erlanger, and that both UT and Erlanger benefited from the affiliation agreement.

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