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.
December 09, 2022 | Law.com
One Year Later: Candle Factory Employees in Deadly Tornado File 'Mass Action for Total Accountability' Against SupervisorIn May, the plaintiffs sought to add Mayfield Consumer Products supervisor Justin Bobbitt as a party, but the federal court has yet to make a ruling. Out of "an abundance of caution that the federal court may deny the motion to add" Bobbitt as a party, the original plaintiffs were joined by members of the estates—a total of 18 individuals—in filing the present state action against the supervisor.
By Allison Dunn
4 minute read
December 08, 2022 | Law.com
Dissenting Justice: Lawyer's Ethical Violations, Evidence of Depression 'Do Not Warrant Putting a Wrecking Ball to His Career'"There have been only nine occasions on which this court has suspended an attorney's license for two years or longer without staying any part of the penalty. In light of the facts and circumstances of this case, I cannot agree that the respondent should be the 10th member of this Ring of Dishonor," West Virginia Supreme Court Justice William R. Wooton wrote.
By Allison Dunn
6 minute read
December 07, 2022 | Texas Lawyer
Special Review Court: Judge's Comment That Defendant 'Should Die in a Locked Closet' Did Not Violate Judicial Canons"Although we recognize that Judge Burns's comment was intemperate and regrettable, we find that it was an isolated and unplanned statement that was not intended to degrade the defendant. At best, the comment reflected a momentary 'error of judgment' rather than gross indifference, intentionality, or moral turpitude that would rise to the level of a sanctionable Canon 3(B)(4) violation," the review panel said.
By Allison Dunn
5 minute read
November 30, 2022 | Law.com
Divided State Court Ruling Sparks 'a Lot of Uncertainty' About Workers' Comp for Mental Injuries, Attorneys Say"You can read it as saying that a workers' comp injury has to be a physical harm related to an unexpected incident at work or the cause of which was unseen. If that's the case, this decision breaks the grand bargain that was struck in 1912 between Arizona workers and Arizona industry. The court doesn't seem to appreciate how destabilizing that could be," said attorney Laura Clyme.
By Allison Dunn
8 minute read
November 29, 2022 | Connecticut Law Tribune
Judge: Prelitigation 'Business-Related' Work Was Not Unauthorized Practice of Law"Defendants have not established that Mr. Kaufman's conduct qualified as the unauthorized practice of law. Some of Defendants' evidence shows that Mr. Kaufman corresponded repeatedly about the potential FHR deal with an attorney for the bank. ... But these documents merely show that Mr. Kaufman was acting as Mr. Feinberg's representative or intermediary in a business deal," Judge Victor A. Bolden wrote in his ruling.
By Allison Dunn
6 minute read
November 28, 2022 | Daily Business Review
Connecticut Contempt Order, Capias Entitled to 'Full Faith and Credit' Under Florida Enforcement of Foreign Judgments Act"The orders before us meet the finality requirement under Curcio because they terminated a contempt proceeding by determining the monetary sanction—the bond that was equal to the three months in arrears coupled with the coercive requirement to produce the belated financial records," Judge Andrea Teves Smith wrote on behalf of the unanimous, three-judge panel. "Accordingly, the trial court erred in holding that the Connecticut contempt order and capias were nonfinal and, thus, not entitled to full faith and credit under FEFJA."
By Allison Dunn
4 minute read
November 23, 2022 | Law.com
Attorney Says His Dishonesty Doomed His Texas License While His Honesty Led to Maryland Disbarment"My question to the court would be that if a lawyer who reports his or her own misbehavior is going to be disbarred anyway, then what incentive does that lawyer have to report the misbehavior in the first place?" said former Maryland attorney Edward A. Malone.
By Allison Dunn
7 minute read
November 23, 2022 | Daily Business Review
Appellate Court: Legal Malpractice Suit Not Time-Barred, Can Proceed on 'Due Diligence Checklist' Claim"On behalf of Mr. Gavin, Mr. Carlisle, and Liles, Gavin & George, P.A., we are pleased that the appellate court upheld the trial court's dismissal of the majority of the substantive allegations against our clients," said Sarah Hulsberg, an associate at Murphy Anderson in Jacksonville said on behalf of the defendants.
By Allison Dunn
5 minute read
November 22, 2022 | Law.com
New Boston Attorneys Invited to Bar Association's In-Person 'Ice-Breaker' EventThe Boston Bar Association is hosting the no-cost event Friday, Dec. 2, beginning at 6 p.m. at the Hotel Commonwealth. Reservations are required.
By Allison Dunn
1 minute read
November 22, 2022 | Law.com
Attorney Suspended, but Mental Impairments Mitigate Against Harsher Sanctions for 53 Ethics Violations"We recognize how respondent's mental impairment affected his client representation, and we afford it due mitigating weight," Justice Elizabeth D. Walker wrote on behalf of the court. "We also commend his actions to address it, and we acknowledge his continued efforts toward mental health recovery. But his impairment does not insulate him from meaningful sanctions."
By Allison Dunn
6 minute read