Allison Dunn is a reporter on ALM's Rapid Response desk based in Ohio, covering impactful litigation filings and rulings, emerging legal trends, controversies in the industry, and everything in between. Contact her at [email protected]. On Twitter: @AllisonDWrites.
April 17, 2023 | Law.com
'Text-Book Contempt': Attorney Faces Indefinite Suspension, Daily Fine for Disregarding Disciplinary OrdersThe court also considered whether the attorney, who had previously been suspended for 18 months by the state high court, was still considered to be engaged in the practice of law based on her online presence and her firm's voicemail message—neither of which indicated that she was suspended or unauthorized to practice law.
By Allison Dunn
6 minute read
April 12, 2023 | Law.com
Several Attorneys Suspended for Allegedly Failing to Complete CLE RequirementsThe West Virginia Supreme Court of Appeals has unanimously opted to suspend 15 attorneys from practicing law for allegedly failing to complete mandatory continuing legal education requirements.
By Allison Dunn
1 minute read
April 12, 2023 | Law.com
State High Court Instructs PCR Court to 'Analyze Counsel's Strategy' in Failing to Assert Client's Speedy Trial Rights"Because the PCR court utilized a faulty analysis to conclude there was no merit to the speedy trial claim, it did not analyze counsel's strategy in failing to assert Winchester's right to a speedy trial at any stage of the proceedings," Associate Justice Catherine R. Connors wrote on behalf of the unanimous court.
By Allison Dunn
6 minute read
April 11, 2023 | Law.com
Humana's RICO Claims Against MS Drug Manufacturer Barred by 'Indirect Purchaser' Rule, Judge Concludes"Under the 'indirect purchaser rule,' first developed by the Supreme Court in the antitrust context, only a direct purchaser of goods has standing to assert a claim for violation of the antitrust laws," U.S. District Judge F. Dennis Saylor wrote. "Every circuit to have considered the issue has held that the rule also applies to civil RICO actions, and that indirect purchasers therefore do not have standing to assert RICO claims. The First Circuit has not yet addressed the question. While there may be practical and policy reasons to question the application of that rule in the health-insurance context, for the reasons that follow, this Court will follow the majority rule. It will therefore dismiss the civil RICO claims for failure to state a claim on that basis."
By Allison Dunn
6 minute read
April 10, 2023 | Law.com
'Exaggerated Response to Legitimate Objectives': Davis Wright Tremaine Leads Pro Bono Win in Battle Over Jail's Mail Policy"Very few organizations can commit the time and resources to litigating these cases for the long haul to ensure the outcome and that the First Amendment's respected and that the court does the proper analysis. It's been a long time," one of the pro bono attorneys on the case, Caesar D. Kalinowski IV, an associate at Davis Wright Tremaine, told Law.com.
By Allison Dunn
6 minute read
April 06, 2023 | Law.com
Colorado Appeals Court Directs Lower Court to Apportion Liability Between Defendants in Toxic Tort CaseThe Colorado Court of Appeals concluded that a trial court erred when it failed to appropriate liability between two defendant property owners for $409,000 in damages after toxic substances leaked from underground gasoline storage tanks to a neighboring property for several years.
By Allison Dunn
7 minute read
April 04, 2023 | Connecticut Law Tribune
Appellate Court: Yale Police Not Required to Turn Over Recordings of 'Uncorroborated Allegations of a Crime'The Connecticut Appellate Court upheld an administrative appeal concluding that the Yale University Police Department properly denied a student's request to access certain body camera recordings created when officers were responding to "an uncorroborated allegation of a crime."
By Allison Dunn
5 minute read
April 03, 2023 | Law.com
North Dakota High Court Calls for New Trial After Lower Court Improperly Merged DUI-Related Offenses"The jury instructions impermissibly allowed the jury to convict [defendant] without unanimously agreeing as to the singular criminal act [defendant] committed. We reverse the judgment and remand for a new trial," Chief Justice Jon J. Jensen wrote for the court.
By Allison Dunn
4 minute read
April 03, 2023 | Law.com
State High Court: Prosecutor Can't Offer New Justifications for Juror Strike on Remand"It's unclear what else the prosecutor could have done to explain what 'completely nonresponsive' meant, short of repeating herself verbatim," Chief Justice Brian D. Boatright wrote in the lone dissent, adding, "In these circumstances, the line between 'completely nonresponsive' and 'unengaged' is not immediately apparent."
By Allison Dunn
7 minute read
March 31, 2023 | Texas Lawyer
Artist Ordered to Pay $100K in Attorney Fees to Art Studio Owner and Greenberg Traurig CounselThe judge declined, however, to grant the defendants' request for sanctions against plaintiffs counsel Mathew Kidman Higbee and his firm Higbee & Associates, which specializes in copyright law.
By Allison Dunn
5 minute read
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