June 30, 2022 | Daily Report Online
Wrongful Death Case Over Flea Market Vendor's Shooting Settles for $6M"You have a legal duty to exercise reasonable care to keep them safe from foreseeable hazards," plaintiffs counsel Arthur York said.
By Mason Lawlor
4 minute read
June 30, 2022 | Daily Business Review
11th Circ.: ERISA Beneficiary Can Sue Employer for Breach of Fiduciary DutyIn a case of first impression, the U.S. Court of Appeals for the 11th Circuit has ruled that the Employee Retirement Income Security Act creates a cause of action for a beneficiary to recover monetary benefits lost because of a breach of fiduciary duty in the plan enrollment process.
By Mason Lawlor
4 minute read
June 30, 2022 | Law.com
6th Circ.: Blocking Commenter on Facebook Was Not a 'State Action' by City ManagerJames R. Freed, appointed city manager in 2014, listed his title on Facebook as a father, husband, city manager and chief administrative officer for the citizens of Port Huron.
By Mason Lawlor
4 minute read
June 24, 2022 | Daily Report Online
11th Circuit Tosses Former In-House Lawyer's Case, Expands Whistleblower Protections for Employees of Federal Grantees"Without question, the district court was correct that § 4712 protects 'employee[s]' of 'contractor[s]' and 'subcontractor[s]' from being 'discharged, demoted, or otherwise discriminated against as a reprisal' for whistleblowing," the appeals court said. "But the district court failed to appreciate that Congress did not stop there."
By Mason Lawlor
5 minute read
June 23, 2022 | Daily Report Online
Appeals Court: Parents of Children Shot and Killed Are Not Considered 'Victims' in Wrongful Death Suit"Put succinctly, the crime at issue here is murder, and the parents have not been murdered," Presiding Judge Sara L. Doyle wrote in the court's opinion, filed June 17. "Under this natural construction, the parents are not victims of the crime of murder."
By Mason Lawlor
4 minute read
June 21, 2022 | Daily Report Online
State Appeals Court: Insurer's Attempt to Add Party to Proposed Personal Injury Settlement Was a Counteroffer"[A]n agreement between two parties will only occur when the minds of the parties meet at the same time, upon the same subject matter, and in the same sense," Judge M. Yvette Miller wrote in her opinion.
By Mason Lawlor
3 minute read
June 16, 2022 | Law.com
Ex-Prosecutor Suspended After Pleading Guilty to Taking Bribes From Injury Attorney in Exchange for Automobile Crash ReportsFormer Shelby County Assistant District Attorney Glenda Adams pleaded guilty in March to counts of bribery of a public servant and conspiracy to violate the Travel Act.
By Mason Lawlor
2 minute read
June 15, 2022 | Law.com
Appeals Court Orders New Murder Trial, Finding Judge Failed to Properly Instruct JuryThe North Carolina Court of Appeals has vacated a murder conviction and ordered a new trial due to what it said was a failure by the trial judge to instruct the jury on "defense of others."
By Mason Lawlor
4 minute read
June 14, 2022 | Daily Business Review
11th Circuit: Violent Felon's Previous Cocaine Charges Are Not 'Serious Drug Offenses'The U.S. Court of Appeals for the Eleventh Circuit has remanded the enhanced sentence of a five-time violent felon under the Armed Career Criminal Act of 1984.
By Mason Lawlor
4 minute read
June 14, 2022 | Daily Report Online
Georgia Court of Appeals Shoots Down Ineffective Counsel Claims Stemming From Aggravated Assault CaseThe Georgia Court of Appeals has upheld a conviction for aggravated assault, despite the defendant's claims that his trial attorney neglected to request a proper jury charge or move for a mistrial based on the prosecutor's closing statement.
By Mason Lawlor
4 minute read
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