Mason Lawlor

August 03, 2022 | Daily Business Review

"The district court erred in this case when it applied the legal malice standard — instead of the actual malice standard — and determined that an arrest without probable cause by itself establishes that the officers acted with malice for purposes of § 768.28(9)(a). It doesn't," 11th Circuit Judge Ed Carnes wrote.

By Mason Lawlor

4 minute read

August 02, 2022 | Daily Report Online

"No employee should live in fear of what will happen to them if they report misconduct, least of all misconduct that affects millions of Americans."

By Mason Lawlor

3 minute read

August 02, 2022 | Daily Report Online

'"A defendant must have notice and an opportunity to be heard on the issue of probation revocation,' and 'any hearing must comport with principles of fundamental fairness."'

By Mason Lawlor

4 minute read

August 01, 2022 | Law.com

"We conclude that this ruling requires we now hold Maryland's 'good and substantial reason' requirement unconstitutional. And were the similarities between this requirement and New York's now stricken proper cause requirement not self-evident enough, the Bruen Court expressly noted that Maryland was one of six states to 'have analogues to the 'proper cause' standards,' citing Md. Pub. Safety § 5-306(a)(6)(ii) and quoting its 'good and substantial reason' language," Chief Justice Gregory Wells wrote on behalf of the appellate panel.

By Mason Lawlor

4 minute read

July 26, 2022 | Daily Report Online

Brad Carver of Atlanta and Daryl R. Moody of Alpharetta were reportedly notified that, on July 15, complaints made against them by The 65 Project have been moved to a bar investigation.

By Mason Lawlor

3 minute read

July 22, 2022 | Daily Report Online

"[A]s noted by the State, the state court similarly failed to address whether either of those delays should be weighed against either party. And as also noted by the State, the state court neither identified the weight to be assigned to those delays nor made any factual findings in support thereof. Absent the required findings on these issues, we must vacate the state court's order and remand the case for the state court to complete the necessary analysis," Appellate Judge Herbert E. Phipps wrote in the opinion.

By Mason Lawlor

6 minute read

July 20, 2022 | Law.com

"It's a sad state we're in for criminal trials when the only thing a prosecution needs to convict you is your own words," defense counsel said. "I think it'll have a chilling effect on other defendants."

By Mason Lawlor

4 minute read

July 19, 2022 | Law.com

"Plaintiffs have not offered any argumentation as to why Defendants are not entitled to qualified immunity," Judge Eric L. Clay wrote on behalf of the panel. "Nor do they direct the Court to any caselaw indicating that Defendants' various orders violated a clearly established constitutional right. And for good reason: there is no clearly established precedent that pandemic-era regulations limiting the use of individuals' commercial properties can constitute a Fifth Amendment taking. In fact, the overwhelming majority of caselaw indicates that such regulations are not takings."

By Mason Lawlor

5 minute read

July 18, 2022 | Law.com

"Without more, this activity cannot be deemed 'outrageous' in the legal sense. Rather, it is free expression,"' the appeals court wrote.

By Mason Lawlor

3 minute read

July 15, 2022 | Daily Report Online

"It's our position that when a student reports that she has suffered sexual harassment, that it's clearly unreasonable to punish the student for engaging in sexual conduct," counsel for the student argued Thursday.

By Mason Lawlor

4 minute read