Allison Dunn

April 12, 2023 | Law.com

The West Virginia Supreme Court of Appeals has unanimously opted to suspend 15 attorneys from practicing law for allegedly failing to complete mandatory continuing legal education requirements.

By Allison Dunn

1 minute read

April 12, 2023 | Law.com

"Because the PCR court utilized a faulty analysis to conclude there was no merit to the speedy trial claim, it did not analyze counsel's strategy in failing to assert Winchester's right to a speedy trial at any stage of the proceedings," Associate Justice Catherine R. Connors wrote on behalf of the unanimous court.

By Allison Dunn

6 minute read

April 11, 2023 | Law.com

"Under the 'indirect purchaser rule,' first developed by the Supreme Court in the antitrust context, only a direct purchaser of goods has standing to assert a claim for violation of the antitrust laws," U.S. District Judge F. Dennis Saylor wrote. "Every circuit to have considered the issue has held that the rule also applies to civil RICO actions, and that indirect purchasers therefore do not have standing to assert RICO claims. The First Circuit has not yet addressed the question. While there may be practical and policy reasons to question the application of that rule in the health-insurance context, for the reasons that follow, this Court will follow the majority rule. It will therefore dismiss the civil RICO claims for failure to state a claim on that basis."

By Allison Dunn

6 minute read

April 10, 2023 | Law.com

"Very few organizations can commit the time and resources to litigating these cases for the long haul to ensure the outcome and that the First Amendment's respected and that the court does the proper analysis. It's been a long time," one of the pro bono attorneys on the case, Caesar D. Kalinowski IV, an associate at Davis Wright Tremaine, told Law.com.

By Allison Dunn

6 minute read

April 06, 2023 | Law.com

The Colorado Court of Appeals concluded that a trial court erred when it failed to appropriate liability between two defendant property owners for $409,000 in damages after toxic substances leaked from underground gasoline storage tanks to a neighboring property for several years.

By Allison Dunn

7 minute read

April 04, 2023 | Connecticut Law Tribune

The Connecticut Appellate Court upheld an administrative appeal concluding that the Yale University Police Department properly denied a student's request to access certain body camera recordings created when officers were responding to "an uncorroborated allegation of a crime."

By Allison Dunn

5 minute read

April 03, 2023 | Law.com

"The jury instructions impermissibly allowed the jury to convict [defendant] without unanimously agreeing as to the singular criminal act [defendant] committed. We reverse the judgment and remand for a new trial," Chief Justice Jon J. Jensen wrote for the court.

By Allison Dunn

4 minute read

April 03, 2023 | Law.com

"It's unclear what else the prosecutor could have done to explain what 'completely nonresponsive' meant, short of repeating herself verbatim," Chief Justice Brian D. Boatright wrote in the lone dissent, adding, "In these circumstances, the line between 'completely nonresponsive' and 'unengaged' is not immediately apparent."

By Allison Dunn

7 minute read

March 31, 2023 | Texas Lawyer

The judge declined, however, to grant the defendants' request for sanctions against plaintiffs counsel Mathew Kidman Higbee and his firm Higbee & Associates, which specializes in copyright law.

By Allison Dunn

5 minute read

March 31, 2023 | Law.com

"The circuit court here recognized correctly that allowing an applicant to sue personally the members of a local character committee for acts performed as part of that role would be participating in the undermining of the Supreme Court's exclusive jurisdiction. It did not err by refusing to do so," wrote specially-assigned senior Judge Glenn T. Harrell Jr.

By Allison Dunn

4 minute read