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.
September 23, 2022 | Daily Business Review
State Agencies Engaged in 'Game of Bait-and-Switch' When Revoking Nursing License, Florida Appeals Court Rules"The Board and the Department engaged in a game of bait-and-switch. The Department provided no notice to Appellant of its intent to seek revocation, and its communications had the effect of lulling her into complacency," the per curiam opinion said. "More egregious than this, there was no mention in the amended complaint of an alleged violation of section 464.018(1)(h), pertaining to 'unprofessional conduct.' In essence, though, the Board punished Appellant for this uncharged violation."
By Allison Dunn
5 minute read
September 22, 2022 | Law.com
Appeals Court: Attorney Fee Award Should Have Delineated Between Sanctionable and Non-Sanctionable Conduct"Here, the circuit court failed to make any attempt to segregate the amounts incurred because of the appellants' sanctionable conduct, namely, the costs incurred defending the Audi penalty claim. ... Therefore, the award of sanctions in the full amount of Gebreyessus' requested attorney's fees was improper and an abuse of discretion," Justice Stephen R. McCullough wrote on behalf of the 5-2 majority.
By Allison Dunn
5 minute read
September 22, 2022 | Law.com
State Appellate Court Reinstates $26M Jury Verdict in First Impression Quantum Meruit Case"Here, Dyess asked for simple money damages via a quantum meruit claim, which courts of law have historically enforced," Judge David J. Richman wrote on behalf of the three-judge panel. "We conclude that, under applicable Colorado precedent and persuasive precedent from other jurisdictions, Dyess's claim was legal, not equitable. The trial court erred by deeming the claim equitable and treating the jury's verdict as advisory."
By Allison Dunn
5 minute read
September 22, 2022 | Law.com
State High Court Agrees to Three-Year Suspension for Attorney's 'Insulting and Threatening Communications' to Other LawyersGomez, a former solo practitioner, has denied any misconduct and maintains that his statements were constitutionally protected speech.
By Allison Dunn
5 minute read
September 21, 2022 | Law.com
Attorneys Encouraged to Apply for Available Seat on Massachusetts Board of Bar ExaminersThe board is responsible for evaluating the qualifications of individuals seeking admission to the bar of the Commonwealth of Massachusetts. Its activities are governed by Supreme Judicial Court Rule 3:01 and the Rules of the Board of Examiners.
By Allison Dunn
1 minute read
September 20, 2022 | Law.com
State Still Has Burden of Establishing 'Reasonableness' for GPS Monitoring as Probation Term, High Court Holds"I think the decision provides insight into how to assess the reasonableness of imposing GPS monitoring as a condition of probation," Roderick's attorney, Edward Crane, a solo practitioner, told Law.com. "A few points are the most critical. First, the commonwealth has the burden of establishing reasonableness and thus has to provide the judge with an address around which a GPS exclusion zone will be created. Second, a serious offense does not automatically establish the reasonableness of GPS monitoring. Lastly, a defendant's criminal history is very important in assessing reasonableness."
By Allison Dunn
5 minute read
September 19, 2022 | Connecticut Law Tribune
Appellate Court: Bar Admissions Committee Had Duty to Question Attorney About 'Pre-Suspension Misconduct'Despite most of his criminal convictions being reversed, a Connecticut Appellate Court said the New Haven County Standing Committee, a subcommittee…
By Allison Dunn
7 minute read
September 19, 2022 | Law.com
Federal Judge Orders Plaintiff to Pay $63K to Defendants for 'Frivolous' Conspiracy, Legal Malpractice Claims"The Court finds that an award of attorney's fees and costs is a necessary deterrent to Plaintiff and others similarly situated from pursuing frivolous litigation, especially where an improper purpose may be inferred," U.S. District Judge Claude M. Hilton of the Eastern District of Virginia wrote in an opinion filed Sept. 1. "As to Plaintiff's ability to pay, there is no evidence that Plaintiff lacks the financial resources to pay this sanction. She claims to be an extremely frugal retiree without any real property or assets, however, she has not provided any supporting financial information or documentation."
By Allison Dunn
5 minute read
September 16, 2022 | Law.com
'Boss, I F--ked Up': Reddit Users Offer Support, Suggestions on How to Handle Associate's Mistake"My issue is telling my boss," attorney and Reddit user SomewhereBig4473 said in the r/LawFirm community. "I am constantly messing up little things and they think I'm not on top of my cases enough. Any advice would be appreciated. I'm crying even thinking about telling my boss. I don't know what to even say. I don't know to do [sic]. I hate myself for this."
By Allison Dunn
5 minute read
September 16, 2022 | Law.com
'The Law Is Not a Game': Plaintiff Awarded Default Judgment, Defendants Sanctioned for 'Extreme' E-Discovery Misconduct"At the end of the day, we're officers of the court. At some point if you realize your client is unwilling to or incapable of doing this right, it's going to fall on you," said the plaintiffs' lead attorney, John Sten, a partner at Armstrong Teasdale in Boston. "Your client not having the ability to afford it is no excuse if you're going to represent them. I hate that because you don't want to take it out of your own pocketbook, but I bet they wish they would have done that now."
By Allison Dunn
7 minute read
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