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LawReader News

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Can the Supreme Court rescue drowning homeowners?

[Apr 3rd, 2015]
  By Noah Feldman, Bloomberg NewsBloomberg Critics of the Supreme Court’s conservative wing like to say it’s instinctively pro-business. The justices on Tuesday tested that proposition in a fascinating case about whether bankruptcy law instructs judges to void liens on underwater properties. On one side lie the interests of Bank of America, which is the petitioner [...]

Supreme Court on Obama coal pollution rule: ?game over? if costs not assessed

[Apr 3rd, 2015]
Justices concerned about costs of Obama administration?s new standards Industry groups and 21 states challenge regulations on power plants Coal-burning power stations, such as the Jim Bridger Power Plant in Wyoming, are at the centre of a case currently before the US supreme court about new pollution regulations. Photograph: Jim Urquhart/Reuters/Corbis Reuters in Washington Wednesday [...]

WITHOUT MERIT: THE EMPTY PROMISE OF JUDICIAL DISCIPLINE

[Apr 3rd, 2015]
  Elena Ruth Sassower Judicial independence is predicated on “good faith” decision-making.  It was never intended to include “bad-faith” decision-making, where a judge knowingly and deliberately disregards the facts and law of a case.  This is properly the subject of disciplinary review, irrespective of whether it is correctable on appeal.  And egregious error is also misconduct, since its [...]

ANOTHER PLEADING ? U.S. SUPREME COURT REVIEW OF FEN PHEN CASE DEFENDANT WILLIAM GALLION

[Apr 3rd, 2015]
  by  Hon. Michael Dowling Another argument to consider…. (Please take a go at polishing the foregoing) The “one bite at the apple rule” should have been applied to Gallion as a consequence of the near acquittal of Gallion in the first trial that was fair.   Gallion’s life Vis a Vis the just administration of [...]

U.S. Supreme Court Revives Pregnancy Discrimination Act Claim

[Apr 3rd, 2015]
3/25/2015 On March 25, 2015, the U.S. Supreme Court issued a ruling overturning a lower court?s decision dismissing a woman?s Pregnancy Discrimination Act (?PDA?) case and remanded the case for further proceedings. By overturning the Fourth Circuit?s decision to reject that UPS driver?s pregnancy discrimination claim today, the Supreme Court has resuscitated the question of [...]

COURT ACCEPTS DOJ?S ?STATE SECRETS? CLAIM TO PROTECT SHADOWY NEOCONS: A NEW LOW BY GLENN GREENWALD

[Apr 3rd, 2015]
@ggreenwald March 26, 2015  AT 10:34 AM   A truly stunning debasement of the U.S. justice system just occurred through the joint efforts of the Obama Justice Department and a meek and frightened Obama-appointed federal judge, Edgardo Ramos, all in order to protect an extremist neocon front group from scrutiny and accountability. The details are crucial for understanding the [...]

Billion-dollar OxyContin verdict rests on disputed missed deadline

[Apr 3rd, 2015]
BY ADAM BEAM Associated PressMarch 26, 2015 Updated 2 hours ago   What does it cost to miss a deadline? For the company that makes the prescription painkiller OxyContin, the answer could be more than $1 billion. Kentucky is suing Purdue Pharma on claims that the company misrepresented its prescription painkiller, resulting in a wave of [...]

Kentucky Voir Dire Rule Process

[Apr 3rd, 2015]
  By David Kramer | dkramer@dbllaw.com In a May 2014 post we discussed the case of Oro-Jimenez v. Com. 412 S.W.3d 174 (Ky. 2013), in which the Kentucky Supreme Court held, under a palpable error review standard, that the voir dire process used in Jefferson County, which does not follow the method prescribed by Kentucky court rules and administrative procedures, [...]

U.S. Supreme Court Rules Borrowers May Rescind Residential Mortgage Loans by Written Notice

[Apr 3rd, 2015]
4/1/2015 By  Adam Brandon | Rogers Towers – Florida Banking Law Contact The Truth in Lending Act (?TILA?) requires lenders to make certain disclosures to borrowers before the parties close on a residential mortgage. TILA also affords borrowers the right to rescind a mortgage for any reason for three days after the transaction. Furthermore, if a lender [...]

Ruling restricts court power to intervene in interrogations

[Apr 2nd, 2015]
  BY BRUCE SCHREINER Associated PressApril 2, 2015 Updated 3 hours ago s LOUISVILLE, KY. ? Kentucky’s Supreme Court on Thursday restricted the authority of courts to intervene in police interrogations, ruling in a case dealing with the questioning of a man during an investigation into his mother’s slaying. In his majority opinion, Chief Justice John D. [...]

Did Forty-Seven Senators Violate the Logan Act In Writing IRAN Leaders During U.S. Negotiations?

[Mar 21st, 2015]
Logan Act From Wikipedia, the free encyclopedia Logan Act Long title An Act for the punishment of certain Crimes therein specified. Enacted by the 5th United States Congress Citations Statutes at Large 1 Stat. 613 Codification U.S.C. sections created 18 U.S.C. § 953 Legislative history Introduced in the House by Roger Griswold (F?CT)on December 26, 1798[1] Passed the House on January 17, 1799 (58?36) Passed the Senate on January [...]

TODAY IN 1816: SCOTUS RULES THAT IT HAS THE FINAL SAY ON FEDERAL LAW QUESTIONS

[Mar 20th, 2015]
LAW March 20, 2015 In case you hadn?t been following the story, there?s quite a dispute in Alabama between state and federal judges. The spat began with a January 2015 federal court ruling that struck down Alabama?s same-sex marriage bans as violating the U.S. Constitution.  After a couple of unsuccessful attempts to stay the ruling, the U.S. Supreme [...]

Rogue Alabama Chief Justice has no legal rationale

[Mar 19th, 2015]
March 18, 2015 1:01 AM   Nancy Marcus Alabama Supreme Court Chief Justice Roy Moore?s unauthorized, so-called ?administrative order? to state officials instructing them to deny same-sex couples marriage licenses, in defiance of a federal court order (and Supreme Court order), continues to inspire vigilante behavior weeks later. The continuing chaos from Moore?s ?order? has [...]

This Ain?t Your Daddy?s Markman Hearing ? What deference should Ct of Appeals give to U.S.District Court?

[Mar 19th, 2015]
James Day and Andy Nguyen, The Recorder March 18, 2015    | 0 Comments The U.S. Supreme Court in January issued its opinion in Teva Pharmaceuticals USA Inc. v. Sandoz,13-854, which changed the level of deference the Federal Circuit must show to district court claim construction orders?in part. For more than two decades, the U.S. Court of Appeals for the Federal [...]

What A Fishy Case Tells Us About How The Supreme Court Views Criminal Law

[Mar 17th, 2015]
posted on: Tuesday, March 17, 2015 The Supreme Court?s recent decision on the scope of a criminal anti-shredding law in Yates v. United States, 135 S. Ct. 1074 (2014), caught headlines in legal and mainstream publications for its unusual fact pattern. In short, a fisherman was accused of destroying fish that he had caught and stored that [...]

Ohio Supreme Court weighs ex-inmate?s unlawful imprisonment suit

[Mar 12th, 2015]
  Filed on March 12, 2015 by Associated Press   Dale Johnston was sent to death row in 1984 for a double homicide he didn?t commit. He?s spent the years since his 1990 release trying to get back the life he lost. The Ohio Supreme Court heard arguments Wednesday in Johnston?s latest attempt to win a [...]

Innocence is not enough to get you out of prison.

[Mar 11th, 2015]
  By Lara Bazelon   Innocence Network In May, the Innocence Network will hold its annual conference at a glitzy Hilton in Orlando, Florida. Lawyers, students, and activists from all over the country who work to overturn wrongful convictions will gather to do all the regular conference-like things: attend panel discussions, listen to inspirational talks from [...]

Did Wisconsin Bar Counsel Overprosecute An Attorney?

[Mar 11th, 2015]
Tuesday, March 10, 2015 By Legal Profession Prof   A five-month suspension has been ordered by the Wisconsin Supreme Court for client-related misconduct in several matters. One in particular may be of interest On June 13, 2011, Attorney McClure sent an electronic response via a “legalmatch” website to M.K., J.K.’s mother, saying that Attorney McClure was a respected [...]

How the US Supreme Court Has Treasonously Destroyed America?s Democratic Republic

[Mar 8th, 2015]
  By Joachim Hagopian   Global Research, March 08, 2015 This presentation will focus on how our Big Government in general and the US Supreme Court in particular have undermined and destroyed America?s onetime democratic republic. The judicial branch of the American government consisting of the federal district courts, the circuit courts of appeal and the Supreme Court in [...]

jury instruction in a medical negligence claim based on an alleged lack of informed consent should be a general professional duty instruction

[Mar 7th, 2015]
By David Kramer | dkramer@dbllaw.com More Sharing ServicesShare|Share on facebookShare on twitterShare on emailShare on print In a recent 2-1 decision (see it here) by Chief Judge Glenn Acree, the Kentucky Court of Appeals held in Horsley v. Smith that the jury instruction in a medical negligence claim based on an alleged lack of informed consent should be a general [...]
 

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