May 03, 2004 | National Law Journal
'State Farm' fires up debate�once againRevisiting the landmark State Farm case, in which the U.S. Supreme Court reiterated the message that the due process clause puts a cap on verdicts, Utah's highest court slashed punitive damages from $145 million to just above $9 million.
By Gary YoungStaff reporter
4 minute read
September 20, 2004 | National Law Journal
DOJ policy limiting inmate placement unlawfulA controversial U.S. Department of Justice policy that severely curtails the placement of federal prisoners in halfway houses unlawfully limits the discretion of the Bureau of Prisons, according to the 1st U.S. Circuit Court of Appeals, the first appellate court to look at the issue.
By Gary YoungStaff Reporter
4 minute read
March 01, 2004 | National Law Journal
FDA strategy would pre-empt tort suitsUnder the Bush administration, the U.S. Food and Drug Administration (FDA) has adopted a novel legal strategy that would, if successful, leave many consumers claiming injury from pharmaceuticals or medical devices with no recourse to tort law, critics and attorneys charge. That strategy is pre-emption, basically the nullification of state actions that conflict with or supplement FDA decisions.
By Gary YoungStaff Reporter
9 minute read
February 23, 2004 | Law.com
So Much for GravityDo law firms raise their rates no matter what? It sure looks like it. Despite last year's stagnant economy, hourly billing rates still inched up in 2003, according to a recent survey. A look at billing data from 114 firms that responded to a National Law Journal survey shows that all but three increased their rates in at least one category last year.
By Gary Young
3 minute read
January 23, 2004 | Law.com
Ohio Newspaper Editor, Judge Tussle Over Divorce RecordsAn Ohio controversy that pits a newspaper editor against a judge who wants to keep her divorce proceedings out of the public eye illustrates a national tug of war over the openness of court records. In an extra twist, the judge, Paulette Lilly, sits on the Lorain County Domestic Relations Court; she and Douglas Clifton, editor of the Cleveland Plain Dealer, both serve on the privacy subcommittee of the Supreme Court of Ohio Advisory Committee on Technology and the Courts.
By Gary Young
2 minute read
November 08, 2001 | Law.com
Ship Lines May Owe Higher Duty of CareA Florida appellate court has lowered the boom on a cruise line, ruling that in some circumstances it may owe a greater duty of care to its passengers than a landowner owes to potential slip-and-fall victims. The court, citing federal case law, ruled that a maritime passenger faces dangers that "are different from those encountered in daily life and involve more danger."
By Gary Young
3 minute read
February 01, 2004 | Law.com
What Goes Up, Never Goes DownDo law firms raise their rates no matter what? It sure looks like it. Despite last year's stagnant economy, hourly billing rates still inched up in 2003, according to a recent survey.
By Gary Young
3 minute read
March 25, 2003 | Law.com
'Scorched Earth' as a Wartime TacticWhen he gave Saddam Hussein 48 hours to get out of Iraq, President Bush warned Iraqi soldiers and civilians that they could be tried as war criminals if they destroy oil wells. That a nation's destruction of its own oil wells could qualify as a war crime might surprise those who recall that "scorched earth" tactics are as old as war itself. But some international law experts say it has legal merit.
By Gary Young
6 minute read