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LawReader News

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Making laws challenge-proof

[Aug 21st, 2014]
Posted: Wednesday, Aug. 20, 2014 Here?s an unreasonable solution to unreasonably bad legislation: If an N.C. lawmaker votes for a bill that is subsequently rejected by the courts, that lawmaker must help pay for resources that went into defending the flawed law. Absurd? Well, yes. But no more so than the latest legislative gem from [...]

The Alabama legislature must respond to tort liability expansion

[Aug 21st, 2014]
  August 21, 2014 By Richard Garrett Last Friday, the Alabama Supreme Court denied a rehearing in the case ofWyeth v. Weeks. This let stand a holding that name-brand drug manufacturers can be held liable for alleged misrepresentations or failures to warn in regard to generic drugs that they did not manufacture or distribute. The [...]

Kentucky?s troubled public employee pension system to get $23 million from Bank of America settlement

[Aug 21st, 2014]
  BY JOHN CHEVES jcheves@herald-leader.comAugust 21, 2014 Kentucky State Employees Pension system receives $23 million from Bank of America’s $16.65 billion national settlement with the federal government over accusations that the bank improperly dumped “toxic” mortgage-backed securities on the market, helping fuel the economic recession of 2008. KRS executive director Bill Thielen confirmed the sum [...]

The ne Texas two-step: Texas Supreme Court articulates evidence spoliation framework

[Aug 20th, 2014]
Jones Day Scott Fletcher,Shawn Cleveland,Joshua L. Fuchs,Matthew D. Orwig,Deborah Savarese SloanandRobert A. Dahnke USA August 19 2014 Spoliation of evidence has, for some time, remained an important topic relating to the discovery of electronically stored information. Many companies continue to struggle with the burden and expense of various retention requirements in the era of “big [...]

California State Bar?s Institutional Memory is Failing?.It forgets a Speaker Named Earl Warren

[Aug 19th, 2014]
  PERSPECTIVES (Column) State Bar?s Institutional Memory Is Failing; It Forgets a Speaker Named Earl Warren By ROGER M. GRACE   The State Bar has announced that U.S. Supreme Court Justice Antonin Scalia will be a speaker at its convention next month in San Diego, advising on its website: ?Anthony Kennedy, the keynote speaker [...]

Electronic case filing now available in Fayette County

[Aug 19th, 2014]
Media invited to eFiling news conference Wednesday in Lexington Electronic case filing now available in Fayette County FRANKFORT, Ky.,Aug. 18, 2014 ?Attorneys may now file Fayette County civil cases electronically since the Administrative Office of the Courts recently launched its eFiling program there. Media are invited to learn about the program at a news [...]

Electronic case filing now available in Fayette County

[Aug 18th, 2014]
  Media invited to eFiling news conference Wednesday in Lexington Electronic case filing now available in Fayette County FRANKFORT, Ky.,Aug. 18, 2014 ?Attorneys may now file Fayette County civil cases electronically since the Administrative Office of the Courts recently launched its eFiling program there. Media are invited to learn about the program at a [...]

PUT NOT YOUR TRUST IN JUDGES

[Aug 18th, 2014]
  Conservatives shouldn’t look to courts to fix political problems. ByF.H. Buckley?8.18.14r   Wikimedia Commonsr I?m old enough to remember the ?Impeach Earl Warren? bumper stickers. They were produced by the hard-right John Birch Society, and most people thought them kooky. Still, they reflected the way many conservatives felt about the then-Chief Justice of the [...]

NC Supreme Court?s inaction on state redistricting plan raises questions

[Aug 16th, 2014]
  NC Supreme Court?s inaction on state redistricting plan raises questions BY ANNE BLYTHE ablythe@newsobserver.comAugust 15, 2014Updated 17 hours ago FacebookTwitterGoogle PlusRedditE-mailPrint   RALEIGH? Three years have passed since Republican lawmakers redrew North Carolina?s political landscape with redistricting maps that Democrats and voting rights advocates have challenged as discriminatory to African-Americans. Republicans contend the lines [...]

Justices Asked to Rule on Judicial Campaign Fundraising

[Aug 16th, 2014]
Marcia Coyle, New York Law JournalAugust 18, 2014| Michael Kimberly, Mayer Brown partner As the amount of money in judicial elections swells across the nation, a major barrier to the candidates themselves directly soliciting the funds is under constitutional attack in the U.S. Supreme Court. Thirty-nine states use elections to choose or retain their [...]

Obama order rights a wrong

[Aug 15th, 2014]
  Michael Hiltzik, McClatchy-Tribune News Service10:36 a.m. EDT August 14, 2014   (Photo: AP ) 4CONNECTTWEETLINKEDIN3COMMENTEMAILMORE Little noticed in coverage of President Barack Obama?s signing of the Fair Play and Safe Workplaces executive order July 31 was a provision that has been called ?one of the most important positive steps for civil rights in the [...]

Miami judge declares Florida workers comp law unconstitutional

[Aug 15th, 2014]
  BY CAROL MARBIN MILLER cmarbin@miamiherald.comAugust 13, 2014 FacebookTwitterGoogle PlusRedditE-mailPrint   RECENT HEADLINES Medical marijuana lures Lakewood Ranch resident out of retirement Miami judge declares Florida workers comp law unconstitutional Bradenton gas prices drop under $3.20 per gallon Bradenton company’s device to keep drivers’ hands on the wheel, eyes on the road East Manatee EMS [...]

Justice Department has widened involvement in local law enforcement in past two decades

[Aug 13th, 2014]
  By Chuck Raasch craasch@post-dispatch.com 202-298-6880   The memorial for Michael Brown on Canfield Drive in Ferguson as seen on the morning of Monday, Aug. 11, 2014. Brown was shot and killed by a Ferguson police officer on Saturday. The fatal shooting has sparked protests, looting and riots in the city. Photo By David Carson, [...]

KRS 453.050 provides for an ?allowance to witnesses? to be included in the prevailing party?s bill of costs. It further provides that the trial court ?may by order confine [the recoverable allowance] to not more than two (2) witnesses on any one (1) point.?

[Aug 12th, 2014]
ByDavid Kramer|dkramer@dbllaw.com In a December 2013 post (http://civilprocedure.dbllaw.com/2013/12/recent-coaky-decision-discusses-award-of-witnesss-per-diem-expense-or-allowance-as-recoverable-cost-including-for-expert/), I blogged about the Kentucky Court of Appeals? opinion inBryan v. Correctcare-Integrated Health, 2012-CA-1500, which was not final at that time. In March 2014 the decision became final, and it was published in April at 420 S.W.3d 526 (Ky. App. 2013). The decision discussed a seldom-cited Kentucky [...]

Why couldn?t the prosecutor just call Deters before having him jailed on a traffic ticket

[Aug 12th, 2014]
Eric Deters, 51, was arrested Monday and booked into the Kenton County Detention Center for failure to appear in court. He was released before midnight. Deters has been a resident of Kentucky his whole life, and is well known. We would welcome the prosecutor to explain why they just didn’t call Deters and ask him [...]

LAWREADER?S SEARCH ENGINE / FASTCASE?IS BACK ON LINE AFTER AN EMBARRASSING DELAY

[Aug 12th, 2014]
We are sorry for the inconvenience caused b y the failure of the FastCase data base link. We are glad to announce that this problem is fixed and Fast Case is again accessible to our members.   Stan Billingsley Senior Editor, LawReader.com  

BLUEGRASS CASTLE OWNER THOMAS POST HOSTS VISIT FROM LAWREADER STAFF

[Aug 12th, 2014]
  Miami Attorney Thomas Post invited Judge Billingsley and the LawReader staff to tour the Castle located on Versailles Road between Frankfort and Lexington. A photo of the Castle is featured on the cover of Judge Billingsley?s novel, ALICE VS. WONDERLAND. The Castle was the home of the fictional ?Kentucky Ministry of Lawyer?s Ethics?, published [...]

Arkansas Calls for Appointment of Appellate Judges

[Aug 10th, 2014]
Kentucky has been allowed to tolerate the judiciary to disclose their political affiliation and to receive endorsements by private-interest groups. Arkansas has long been a legal in legal ethics. Arkansas is one state that, unlike Kentucky, has changed the ABA ethics rule that allows any attorney who critizes a judge or public legal [...]

The Most Overlooked Element in a Winning or Losing a DUI Case: Is the Officer Properly Trained to Determine Probable Cause? Using Expert Witnesses.

[Aug 9th, 2014]
  DUI Expert Witness Advises on The Most Overlooked Element in Winning or Losing a DUI Case AUGUST 5, 2014Written by:TEI Expert This article was authored by a DUI expert witness with nearly 20 years experience as a police officer. He is also a field training officer at a county police department and serves as [...]

ATTN. GEN. CANDIDATE ANDY BESHEAR VISITS LAWREADER

[Aug 8th, 2014]
. ANDY BESHEAR VISITS LAWREADER’S OFFICE! (LEFT TO RIGHT) LAURA JUNG, AND REBECCA KINMAN LAWREADER PARA – LEGALS ANDY BESHEAR, CANDIDATE FOR KENTUCKY ATTORNEY GENERAL STAN BILLINGSLEY, SR. EDITOR LAWREADER. AND GWEN BILLINGSLEY, C.E.O. LAWREADER.  
 

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