EvidenceProf Blog
JANUARY 1, 2021
Assume that a defendant is charged with murder. Further, assume that, during defense counsel's opening statement, a spectator in the courtroom yells, “That's all lies!” Does the judge need to declare a mistrial, or will a curative instruction suffice? That.
JURIST
DECEMBER 28, 2020
Rights organizations decried the four year prison sentence handed down to Zhang Zhan, a citizen-journalist, by a Chinese court on Monday. She was found guilty of “picking quarrels and provoking trouble,” charges sometimes used by authorities to quell dissent. Zhang, a 37-year-old former lawyer, had reported on the COVID-19 outbreak in Wuhan beginning in February.
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Diane Drain
JANUARY 1, 2021
The Paycheck Protection Program (the second round): On December 27, 2020 a new bill was signed into law, now referred to as the Consolidated Appropriation Act of 2021, or ‘CAA’, This bill is 5,593 pages long (knowing how the legislative process works, there is no a single person involved who knows the entire bill and the consequences of the various provisions).
LDA PRO
DECEMBER 30, 2020
The presence of both the mother and father is crucial in a child’s life. But if things do not go as planned, and the issue of joint custody arises, the custody laws decide the outcome. Every parent has an equal right to the custody of the child even after separation. Joint custody is usually granted if both the parents have proved to be dutiful. In California, custody laws require the child to have frequent contact with both parents.
Speaker: Joe Stephens, J.D., Attorney and Law Professor
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EvidenceProf Blog
DECEMBER 31, 2020
On December 17, 2020 North Carolina Governor Roy Cooper issued a Pardon of Innocence for Ronnie Long. And yesterday, a settlement was reached, pursuant to which Chester Hollman III will be awarded $9.8 million for his 28 years of wrongful.
Paralegal Brief brings together the best content for paralegals and legal professionals from the widest variety of industry thought leaders
Diane Drain
JANUARY 1, 2021
CFPB Settles with Discover Bank, the Student Loan Corporation and Discover Products for violating a consent order and other unlawful practices. December 22, 2020 Consumer Financial Protection Bureau issued a consent order that Discover must pay at least $10 million to consumers, and $25 million as a penalty for their unfair acts and practices. Below is a reprint of the CFPB’s announcement and Order.
NCBA Law Practice Management Blog
DECEMBER 28, 2020
Most law firm data and information is ‘siloed’. What I mean by that is that most law firm software is not able to ‘talk’ to each other. In other words, data cannot be effectively pushed into or out of systems. This is most always true of premise-based systems. But, it can also be the case with cloud-based software s , which can be directly connected, but is often not linked by law firms.
EvidenceProf Blog
DECEMBER 27, 2020
It is well established that “Any criminal defendant.being tried by a jury is entitled to the uncoerced verdict of that body.”.Impermissible coercion occurs “when jurors surrender their honest opinions for the mere purpose of returning a verdict.” United States v.
JURIST
DECEMBER 30, 2020
According to Reuters, Russian President Vladimir Putin signed multiple laws Monday to restrict the influence of US social media companies, like YouTube, Facebook, and Twitter. The first law signed allows for Russia to block internet sites that allegedly discriminate against Russian media, while the second law imposes a substantial fine for social media companies that fail to remove content banned by Russia.
Speaker: Amanda Adams, Fractional CFO, CPA
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ClimateChange-ClimateLaw
DECEMBER 29, 2020
Georgetown, Capital of Guyana (Credit: amanderson2 ). By Melinda Janki*. In a climate litigation win, the High Court of the Supreme Court of Guyana accepted a settlement between a scientist, the Environmental Protection Agency (EPA) of Guyana, and Esso (a subsidiary of ExxonMobil) to limit the company’s environmental permits to produce oil from more than 23 years to five years.
NCBA Law Practice Management Blog
DECEMBER 28, 2020
The chief method for law firm business management is inertia, largely. That means you can pretty much default to lawyers doing nothing, rather than something, anything. That, of course, extends to financial management. Lawyers tend to run up accounts receivable, because they don’t bill regularly. They never run revenue projections, either; so , they can’t build to specific financial goals.
EvidenceProf Blog
DECEMBER 29, 2020
Illinois and a number of other states allow for a convicted defendant to bring a freestanding claim of actual innocence. The issue that has divided the states is whether such a claim can only be made by defendants convicted after.
JURIST
DECEMBER 28, 2020
The government in the Indian union territory of Jammu and Kashmir issued an order Friday extending the suspension of high-speed 4G internet services until January 8 across the union territory excluding the districts of Ganderbal and Udhampur, citing post-election unrest and border infiltration. The government said it received credible reports concerning terrorists attempting to infiltrate from across the border.
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Diane Drain
JANUARY 1, 2021
CFPB and State Attorneys General Settle with Nationstar, aka Mr. Cooper, accused of unfair and deceptive practices. On December 7, 2020, the Consumer Financial Protection Bureau (Bureau) filed a complaint and proposed stipulated judgment and order against Nationstar Mortgage, LLC, which does business as Mr. Cooper (Nationstar). The Bureau alleges that Nationstar violated multiple Federal consumer financial laws, causing substantial harm to the borrowers whose mortgage loans it serviced, includin
HowAppealing
DECEMBER 28, 2020
“The Supreme Court considers when the U.S. can judge other nations’ human rights violations”: Columnist Charles Lane has this essay online at The Washington Post.
EvidenceProf Blog
DECEMBER 30, 2020
Federal Rule of Evidence 609(e) states that A conviction that satisfies this rule is admissible even if an appeal is pending. Evidence of the pendency is also admissible. Conversely, Texas Rule of Evidence 609(e) states that A conviction for which.
JURIST
DECEMBER 27, 2020
According to China Daily , China will now hold children as young as 12 years old criminally liable for crimes deemed “abominable.” The Standing Committee of the National People’s Congress ( NPC ) on Saturday also introduced punishment for intellectual property infringement that could lead to 10 years in prison. The Standing Committee said an “abominable” crime would occur. if a person who has reached 12 years of age but not 14 commits intentional homicide, intentio
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Your auto accident clients don’t realize that they have lost value in their vehicle because the insurance company covered their repairs and gave them a rental to drive until their vehicle was “brand new.” When they realize that loss in value is when they go to trade or sell their car.
Diane Drain
DECEMBER 31, 2020
How Does the Consolidated Appropriation Act Intersect with Bankruptcy? December 27, 2020 Congress passed the longest bill ever – 5,600 pages. The Consolidated Appropriation Act “CAA”, I can only assume, like so many of the other laws created by the Legislative branch, that this huge Act contains lots of special interest provisions, but I regress.
HowAppealing
DECEMBER 28, 2020
“Westport mural honoring late Supreme Court Justice Ruth Bader Ginsburg vandalized”: Alan Shope of ABC affiliate KMBC 9 News in Kansas City, Missouri has this report.
EvidenceProf Blog
DECEMBER 28, 2020
In Ramos v. Louisiana, the Supreme Court held that "if the Sixth Amendment’s right to a jury trial requires a unanimous verdict to support a conviction in federal court, it requires no less in state court." In State v.
JURIST
DECEMBER 30, 2020
The Parliament of Montenegro Tuesday amended parts of the Law on Freedom of Religion or Belief and the Legal Status of Religious Communities that related to property and were allegedly anti-Serbian. The option of nationalizing church property has now been removed. Thousands of Montenegro nationals had taken to the streets of the capital Podgorica in protest to the amendments, accusing lawmakers of treason with chants like, “t his is not Serbia,” while also calling the lawmakers R
Speaker: Kaitlyn "The Persnickety Paralegal" Story
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Patently O
DECEMBER 29, 2020
by Dennis Crouch. Simio, LLC v. FlexSim Software ( Fed. Cir. 2020 ) (opinion by Chief Judge Prost and joined by Judges Clevenger and Stoll). In this case, the Federal Circuit has affirmed the lower court’s summary dismissal of Simio’s infringement lawsuit on eligibility grounds. The appellate panel also upheld the lower court’s refusal to permit the patentee to amend its complaint — seeing the proposed amendment as “futile.” Dennis Pegden has received many aw
HowAppealing
DECEMBER 31, 2020
“State Supreme Court upholds Lamont’s authority to close businesses through COVID emergency orders”: Edmund H. Mahony of The Hartford Courant has this report.
EvidenceProf Blog
DECEMBER 26, 2020
Federal Rule of Evidence 106 states that If a party introduces all or part of a writing or recorded statement, an adverse party may require the introduction, at that time, of any other part — or any other writing or.
JURIST
JANUARY 1, 2021
The Iowa Supreme Court ruled Thursday that plaintiffs cannot recover punitive damages from the state when a law enforcement officer uses excessive force. Punitive damages are awarded as a way to punish the defendant and to deter that same conduct in the future. The Iowa Tort Claims Act (ITCA) prohibits an award of punitive damages against the state.
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