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URL :http://writ.news.findlaw.com/
Filed Under:Industries / Law
Posts on Regator:8159
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Archived Since:April 9, 2008

Blog Post Archive

Holler: 3 Cases of Schadenfreude for Lawyers to Learn From

What do we have for you this week, in our favorite posts from across the blawgosphere roundup? How about three cases of lawyers behaving stupidly, all of which you can learn a lesson from. A copyright defender turns troll, both for himself and his clients. A judge has a "shocking"......

#DearFindLaw: Legal Writing is a Freaking Nightmare

Everyone goes into law school worried about class: cold-calling, reading for class, case briefing, supplements, any prep possible to avoid being embarrassed in front of 120 classmates. But do you know what law school is really about, besides Socratic mental torture? Writing. Legal writing class, clinical work, and well-written......

Dear Pharma GCs: Wyeth v. Weeks Isn't the End of the World

We recently reported on the Alabama Supreme Court decision allowing brand-name drug manufacturers to be held liable for injuries sustained from generics. The decision has prompted a whole host of hand-wringing and a parade of horribles from places like The Wall Street Journal and Claims Journal. The three separate dissents......

Can You 'Share' Your 'Rental' with the Disabled?

By now, hopefully we've grown up and realized the fiction that is the "sharing" economy; that is, it's not a lot of "sharing" but a lot of "regular economy." The San Francisco Chronicle pored through Airbnb's data for that city and found that, far from letting Mom and Pop rent......

10th Cir. Refuses to Go Further than NLRB in Teamsters Lock-Out Claim

When the U.S. Supreme Court invalidated President Obama's NLRB "recess" appointments in NLRB v. Noel Canning, the question arose: what happens to all the decisions these now-unlawfully-appointed NLRB members made? That's the first issue the Tenth Circuit had to grapple with in Teamsters Local Union No. 455 v. NLRB (Harborlite).......

3d Cir: Warrantless Auto Search Was OK

The so-called automobile exception to the warrant requirement is like Prince: constantly changing, keeping you guessing, but retaining a certain timeless sex appeal with its intricacies and exceptions. (Is it Gant or is it Belton? Only her hairdresser knows for sure.) Joseph Donahue was staring down the short end of......

No Need to Dispute Debt to Receive FDCPA Protections

Dianne Russell owned $501 for an unpaid hospital debt. The hospital sicced Absolute Debt Collection Services on her. They sent a threatening letter. She paid the hospital directly. ADC continued to bug her, even after she told them about her payment to the hospital. She, predictably, sued under the Fair......

6th Cir. Rules Against Bible Believers in 'Heckler's Veto' Case

The "Heckler's Veto" isn't just a vestige from your constitutional law class. It's alive and well -- so much so that the Sixth Circuit brought it back into the spotlight in a case about unruly mobs, freedom of religion, and freedom of speech. Dearborn, Michigan boasts a significant Arab-American population.......

Corrections Officer's Leak to Press Was Grounds For Termination

The obvious case is, well, obvious. Shift Sergeant Rodricus Carltez Hurst worked in a Lee County, Mississippi jail. The operations manual at the jail stated that only the Sheriff or his "designee" could talk to the media, though the rule doesn't seem to have been enforced all that well --......

Alabamans File Class Action for Patient Data Hack

It's been a slow week in the Eleventh Circuit. Last week, though, was a doozey. A Florida judge ruled the state's same-sex marriage ban unconstitutional. Alabama's Supreme Court said that injured consumers could go after brand-name pharmaceutical companies for problems caused by generics (provoking no small amount of controversy). With......

Feds Release Two Detainees -- A Move to Circumvent Cert.?

After years of fighting for their freedom in U.S. courts, Fadi al-Maqaleh and Amin al-Bakri, who had been detained at Bagram Air Force Base in Afghanistan for at least a decade, were repatriated to Yemen earlier this week. The timing of the release was curious: not only is al-Bakri is......

Cloud Storage Price Wars: Best Free and Paid Options

Remember when everyone offered free email? At a certain point, it didn't matter which one you picked because they were all free. The only differentiator was feature set, and for a while, all the freebies (Hotmail, Yahoo) looked exactly the same... until Gmail shook things up and everyone else......

2nd Cir: No Qualified Immunity for SWAT Team Raid

Recent in events in Ferguson, Missouri have prompted questions about the militarization of police: why do SWAT teams need to be armed like they're going into Kandahar? Last week, the Second Circuit Court of Appeals criticized this militant response in an appeal over police conduct during a drug raid --......

The New Law Firm: Ditch Old Traditions to Grow a Business

In the time of the "start up" business, where young people fresh out of college start a business, get some venture capital, and then make a bajillion dollars, the law firm seems like a vestige of an older time, when we were genteel country lawyers writing on parchment with quill......

FedEx Ruling: Form, Rather Than Label, Determines Independent Contractor Status

Independent contractor or actual employee? An employee gets Fair Labor Standards Act protections, including overtime and benefits. Independent contractors get, well, their salary. The appeal of contractors then, is obvious for big companies like FedEx. Unfortunately, as FedEx just learned, often it's not the label that matters -- it's the......

5 Classic Civil Procedure Cases Made Easy for 1Ls

Hello, there, 1Ls! It's time for civil procedure -- a class you'll either love or hate. By the end of this course, if you hear "sufficient minimum contacts" one more time, you're going to want to strangle someone. To help lower the tension in the room, here are five "classic"......

Snippets: Lyrical Threats, SSM Victors Want Cert., SCOTUS

Today's all about the music: rap lyrics as threats, the final countdown for same-sex marriage advocates, and cops facing the music in court (or not). Here are today's three selections for our SCOTUS roundup: If a man writes criminal threats in the form of rap lyrics, is he actually making......

Gun Owners Won't Have to Wait 10 Days to Add to Arsenals

"For those who already own a firearm and are known to be trustworthy due to the licenses that they hold and a history of responsible gun ownership, there is no justification for imposing the full 10-day waiting period." That's District Court Judge Anthony W. Ishii's holding: For Californians who already......

Officers Need Warrant to Extract Drugs From Man's Rectum

Sheriff's deputies at the Long Beach jailhouse understandably don't want drugs circulating around the facility. So when Mark Fowlkes was brought in on drug and weapons charges, and officers allegedly peeped a portion of a plastic baggie poking out of his rectum, they were understandably concerned. Their response, however, crossed......

Employees Wrongly Fired for Complaining on Facebook: NLRB

Section 7 of the National Labor Relations Act says employers can't prohibit employees from talking about unions, working conditions, or pay. Section 8 prevents employers from punishing employees for these activities. Employees of Triple Play Sports Bar and Grille in Watertown, Connecticut, took to Facebook to complain that Triple Play's......

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