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.
October 28, 2022 | Connecticut Law Tribune
Judge: 1963 Royalties Agreement Between 'Funny Girl' Lyricist, Producer Cannot Be Canceled Under Copyright Law"I agree with the Hymans. Although Merrill may terminate her late husband's licensing deals, she has no right to cancel his royalty deals," Judge Jeffrey Alker Meyer wrote.
By Allison Dunn
6 minute read
October 26, 2022 | Law.com
No 'Professional Norms' or Case Law Applied to Trial Attorney Failing to Object to 'CSI-Effect' Voir Dire Question"In sum, we conclude that McGhee's counsel performed within the accepted professional norms of 2007, which did not require objecting to the CSI-effect voir dire questions in this case," Biran wrote. "Thus, McGhee's claim of ineffective assistance of counsel fails on the performance prong, we need not address McGhee's arguments concerning the prejudice prong."
By Allison Dunn
6 minute read
October 25, 2022 | Law.com
Ex-Chief Medical Examiner's Testimony at Chauvin Trial Spurs Audit of 100 In-Custody Death Determinations Made Under His WatchDr. David Fowler's controversial defense expert testimony at Derek Chauvin's trial led to the creation of a state-appointed team tasked with reviewing more than 1,300 in-custody death determinations made during Fowler's tenure as Maryland's chief medical officer. Now, the review team has recommended a deeper probe of approximately 100 of those decisions by a new panel of forensic pathologists.
By Allison Dunn
5 minute read
October 25, 2022 | Law.com
Immigration Attorney Agrees to Suspension for Failing to File Clients' Paperwork, Mishandling FeesVictor Rivera-Nieves, an attorney licensed to practice law in Puerto Rico and Washington state, and maintained a home office in Virginia, a state he was not licensed to practice, was issued separate sanctions by the Disciplinary Board of the Virginia State Bar in February and Oct. 14 for allegedly mishandling three client immigration matters.
By Allison Dunn
5 minute read
October 24, 2022 | Law.com
Workers' Comp Law Change Prompts State High Court to Remand Claim for Further Consideration"Though Mr. McCune had acromioclavicular joint arthritis prior to the compensable injury, the record is unclear when, or if, his symptoms ceased before the compensable injury occurred," the per curiam opinion said. "Due to the recent changes in workers' compensation case review procedure, we remand this case to the Board of Review for such evidentiary development."
By Allison Dunn
4 minute read
October 21, 2022 | Law.com
Maine Courts, Clerks Offices Scheduled to Close For Administrative WorkUnless otherwise noted, the courts will be closed starting at 8 a.m. Monday, Oct. 24 through Friday, Oct. 28 to allow court staff to complete administrative work. The closures last until noon each day.
By Allison Dunn
1 minute read
October 21, 2022 | Law.com
Breach of Implied Contract Claim May Continue Against Brandeis University Over Move to Online Learning During Pandemic"The fact that Brandeis offered both in-person and online graduate programs, but only in-person undergraduate programs, could allow a jury to infer that Brandeis reasonably expected plaintiffs (both undergraduates) had paid tuition in exchange for in-person instruction," the judge wrote. "Finally, although classes might be moved with some frequency from one meeting place to another, a jury could find that this did not disturb a reasonable expectation that plaintiffs paid tuition in anticipation of classes meeting in-person somewhere on campus."
By Allison Dunn
6 minute read
October 20, 2022 | Law.com
7th Circ.: Insurer Has No Duty to Defend or Indemnify Fireworks Distributor for Volunteers' July 4 InjuriesUnder Spielbauer's general and excess liability insurance policies, the "shooters endorsement" says: "This policy shall NOT provide coverage of any kind (including but not limited to judgment costs, defense, costs of defense, etc.) for any claims arising out of injuries or death to shooters or their assistants hired to perform fireworks displays or any other person assisting or aiding in the display of fireworks whether or not any of the foregoing are employed by the Named Insured, any shooter or any assistant."
By Allison Dunn
6 minute read
October 19, 2022 | Law.com
Split State Supreme Court Indefinitely Suspends Judge for Conduct 'Befitting a Game Show Host'"Carr's unprecedented misconduct involved more than 100 stipulated incidents that occurred over a period of approximately two years and encompassed repeated acts of dishonesty; the blatant and systematic disregard of due process, the law, court orders, and local rules; the disrespectful treatment of court staff and litigants; and the abuse of capias warrants and the court's contempt power. That misconduct warrants an indefinite suspension of law," the majority opinion said.
By Allison Dunn
9 minute read
October 19, 2022 | Law.com
Federal Judge Dismisses Class Action Suit Seeking Damages for 'Heavy Metals' Contained in Gerber Baby Food Products"[The] plaintiffs' only purported basis for economic injury stems from their allegation that the Baby Food Products posed a threat of future harm...," Judge Michael S. Nachmanoff wrote, dismissing the case.
By Allison Dunn
6 minute read