Allison Dunn

October 18, 2022 | Law.com

"A judge's independence may be further compromised by his or her attendance because the necessary separation between judicial duties and law enforcement activities is not properly maintained," the Ohio advisory opinion said. "This is particularly apparent and most concerning when the course, using law enforcement instructors, provides training to judges about the 'admissibility, judicial notice and testimony pertaining to Speed Measuring Devices.'"

By Allison Dunn

3 minute read

October 17, 2022 | Law.com

"Plaintiff's claim that Liberty owed her a duty to take administrative action either before or after a sexual assault fails because such a duty is not recognized in Virginia," wrote U.S. District Judge Norman K. Moon of the Western District of Virginia. "Second, Plaintiff argues that Liberty had a duty to Plaintiff via Oasis Defendants' actions, because The Oasis is a 'de facto' student dormitory ... This claim fails as well. As mentioned above, Liberty does not have a special relationship to Plaintiff solely by virtue of being the university she attended. Now, assume arguendo that a close relationship exists between Liberty and Oasis Defendants such that Oasis Defendants' duties became Liberty's. Even then, Oasis Defendants ... had no duty to Plaintiff."

By Allison Dunn

6 minute read

October 17, 2022 | Law.com

"Whether Cares Act funding was a subsidy or compensation, the Court concludes that Congress did not intend to circumvent the procedures for handling claims of disability discrimination against the airlines under the ACAA [Air Carrier Access Act of 1986]," U.S. District Judge Patti B. Saris wrote in the present matter.

By Allison Dunn

5 minute read

October 17, 2022 | Daily Business Review

"This area of the law needed that analysis and that type of clarity to assist parties going forward in the future when a party tries to garnish a joint bank account," said Alejandro Brito, the founding partner of Brito PLLC.

By Allison Dunn

5 minute read

October 13, 2022 | Law.com

A district court judge in Virginia looked to two recent federal appellate decisions when concluding a U.S. Army veteran did not have standing to sue his insurance provider for a ransomware attack because there was no evidence to show that his personal identifying information had been stolen or used.

By Allison Dunn

6 minute read

October 13, 2022 | Law.com

"Raising state revenue from convicted individuals and their families who are too poor to pay is counter-productive," the Boston Bar Association's report said on the matter. "Changes in the laws, many proposed by Massachusetts legislators and judges, should be adopted to improve the prospects for successful reentry following conviction and help stem the cycle of recidivism. Although the recommended reforms would deprive the Commonwealth of a relatively small amount of revenue in the short term, implementing them is the right thing to do and will save money in the long run."

By Allison Dunn

2 minute read

October 11, 2022 | Law.com

Shena Dixon Mason simultaneously represented the couple in matters adverse to one another where there was a significant risk that Mason's representation of each was materially limited by her responsibilities to the other. On behalf of the wife, Mason proceeded with obtaining divorce by publication and sought divorce by default when Mason knew the husband would be adversely affected, while representing him in a separate matter, according to the disposition filing.

By Allison Dunn

7 minute read

October 10, 2022 | Law.com

"The statement most favorable to the Estate boils down to: 'He threw a knife at me, so I shot him.' The Estate maintains that this admits a temporal sequence of knife first, shot second. That is not clear to us; it could mean that the two events were simultaneous," Judge Frank H. Easterbrook wrote for the Seventh Circuit. "But let us take the Estate's perspective. Would that permit a reasonable jury to find that O'Neill shot Logan after O'Neill was out of danger? Not at all. Logan evidently was bent on harming the officer. Why would anyone in O'Neill's position believe that the knife was the only weapon at Logan's disposal?"

By Allison Dunn

4 minute read

October 07, 2022 | Law.com

Attorneys, parties to cases, jurors, and others who handle business in the First, Fourth, Eighth, Ninth, and Twelfth Judicial Districts will be asked to participate in a pilot of a revamped program gathering feedback from court users, the Colorado Judicial Branch announced Friday.

By Allison Dunn

1 minute read

October 06, 2022 | Law.com

Details and online nominations can be found at www.marylandbarfoundation.org/awards.

By Allison Dunn

2 minute read