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.
June 02, 2023 | Law.com
Federal Judge: Attorney's Cancer Treatment Constitutes Excusable Neglect to Justify Request for Late FilingAn attorney who had technical problems filing documents in federal court before starting treatment for a recurrence of cancer has shown excusable neglect to justify his motion for leave to file a statement of additional material facts in his client's gender and age discrimination suit, a district judge in Maine concluded this week.
By Allison Dunn
5 minute read
May 30, 2023 | Law.com
Can Mandatory Reporters Be Held Liable for Failing to Report Risk of Future Harm?"Once you've done that, you've satisfied your requirement. If you fail to do that, you could potentially be liable. I suppose at that point it would be strict liability of some kind. It would be some kind of liability. It would be up to a jury to decide what happens in the end," the plaintiff's attorney, David L. Abney said, during oral arguments.
By Allison Dunn
5 minute read
May 25, 2023 | Law.com
'Let's Get Married': Description of Private Vows Sufficient to Establish Dispute of Common Law Marriage Under Pa. Law"Moreover, Mr. Zadnik was, from the evidence, the only other person in the room when the purported common law wedding ceremony occurred. There was no officiant. Perhaps I said that too quickly. Let me repeat that. There was no officiant," Circuit Judge Marilyn F. Bentley said from the bench, according to the opinion, that "There were no other witnesses; whether they be follow [sic] employees of either Mr. Zadnik or Ms. [Conway]; no neighbors; no friends; no siblings of Ms. [Conway]; no anyone." and that the "'testimony of one party alone is insufficient to confirm the existence of a valid and lawful marriage.'"
By Allison Dunn
6 minute read
May 25, 2023 | Law.com
'They've Already Had Three Bites': How Many Attempts Does a Prevailing Party Get to Show Citizenship of LLC Members?"I'm somewhat disappointed from the standpoint that they've had three opportunities to document the citizenship of all of the members of each one of the LLCs—and there's a myriad of them. They've failed to do so to the satisfaction of the court or to us, for that matter," John S. Davagian, II, managing partner of Davagian Grillo & Semple, who represents the plaintiffs, told Law.com.
By Allison Dunn
6 minute read
May 24, 2023 | Law.com
Federal Judge: 'Bank Owes No Duty' to Stop $3.68M in Wire Transfers in Suspected Elder Financial Exploitation CaseWhile the number of elderly people targeted slightly decreased from 2021 compared to 2022, the amount of money collectively lost nearly doubled from $1.7 billion to $3.1 billion, respectively, according to the FBI's most recent report.
By Allison Dunn
8 minute read
May 19, 2023 | Law.com
Legal Aid Works Managing Attorney Selected for State Legal Aid Award, Obtaining $1.13M in Support Awards"Working with Tamara for the past three years has been an experience like no other and is truly an honor," Intake Specialist Tamesha Cook wrote. "She is a logical and analytical thinker who asserts confidence and empathy. ... I believe her dedication for justice is unshakable and makes her the perfect candidate for this award."
By Allison Dunn
2 minute read
May 19, 2023 | Law.com
Virginia State Bar Seeking Comments on New Rule Prohibiting Agreement Not to File Bar ComplaintWritten comments in support of or opposition to the proposal may be submitted to the Virginia State Bar by Aug. 31. Statements may be emailed to [email protected] or mailed to Cameron M. Rountree, executive director of the Virginia State Bar, 1111 East Main St., Ste. 700, Richmond, Virginia, 23219.
By Allison Dunn
1 minute read
May 19, 2023 | Law.com
Finding 'Actual Value of Online, Post-COVID Education' to Be 'Indeterminable,' Judge Rejects Class Certification vs. Brandeis University"The Court's conclusion as to superiority depends upon its findings on predominance. Because the actual value of online, post-COVID education in Spring, 2020 is indeterminable and there is no damages model applicable class-wide, individual issues prevent a finding of superiority," wrote U.S. District Judge Nathaniel M. Gorton for the District of Massachusetts.
By Allison Dunn
6 minute read
May 18, 2023 | Law.com
Maine Supreme Court Accepting Comments on Proposal to Allow Mediation of Consumer Collection ActionsThe proposed amendment to Rule 92 regarding mediation is consistent with new legislation. Comments must be submitted to the Clerk of the Supreme Judicial Court by 4 p.m. on Thursday, June 1.
By Allison Dunn
1 minute read
May 16, 2023 | Law.com
'Completely Farfetched, Tinfoil-Hat-Wearing Doubt': Court Says Prosecutor's Remarks Don't Warrant New Trial"The judge instructed the jury that closing arguments are not evidence, and that it was their duty to determine the facts and to apply the facts to the law as explained by the judge. The judge also properly instructed on the meaning of reasonable doubt. In light of these instructions, and the strength of the Commonwealth's case, we are confident that the ill-advised comment would have had no effect on the jury's verdict," Justice Frank M. Gaziano wrote on behalf of the unanimous Massachusetts Supreme Judicial Court
By Allison Dunn
5 minute read