August 18, 2003 | National Law Journal
Canadian law, American convictionA recent decision by the 4th U.S. Circuit Court of Appeals not only creates a conflict with the 1st Circuit and perhaps the 2d Circuit over the little-known common law revenue rule, it also offers a peek into the world of modern-day bootlegging.
By Gary YoungStaff reporter
4 minute read
November 24, 2003 | National Law Journal
Loss of airport security work sparks a lawsuitAn airport security company's suit against the federal government for cutting into its business promises to test the limits of the Constitution's takings clause.
By Gary YoungStaff Reporter
4 minute read
February 09, 2004 | National Law Journal
The run-down on remedy exhaustionA federal prisoner's complaint about his missing personal belongings provided the vehicle for the 10th U.S. Circuit Court of Appeals to weigh in on a question of exhaustion under the Prison Litigation Reform Act.
By Gary YoungStaff Reporter
4 minute read
July 19, 2004 | National Law Journal
ARBITRATION | A profusion of extra-statutory groundsThe circuit courts differ in their opinions on how to handle judicially created, extra-statutory grounds for vacating arbitration awards.
By Gary Young Staff reporter
3 minute read
July 20, 2001 | Law.com
Defective Latex Glove Costs $1 MillionBucking a national trend in design defect cases, the Wisconsin Supreme Court upheld a jury's finding that a brand of latex gloves was defectively designed, even though no one, including the manufacturer, was aware of latex-related health problems until years after the brand was put on the market. Smith & Nephew AHP Inc. will have to pay $1 million to Linda M. Green, a health care worker who became ill after using the gloves.
By Gary Young
3 minute read
January 19, 2004 | National Law Journal
A tussle over Ohio court 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.
By Gary YoungStaff reporter
3 minute read
June 14, 2004 | National Law Journal
CRIMINAL LAW | Making noise over the right to silenceThe 9th and 11th Circuits have said that a defendant�s silence before being taken into custody may be used against him for impeachment purposes. The 1st, 7th and 10th say that's not the case in their jurisdiction.
By Gary Young
3 minute read
August 30, 2004 | National Law Journal
TORTS | Vaccine claims sidestep 1986 tort capThe 5th U.S. Circuit Court of Appeals ruled that no violation took place when a team of attorneys maneuvered around the tort limitations in the National Childhood Vaccine Injury Act of 1986.
By Gary Young
3 minute read
December 22, 2003 | National Law Journal
A new path in malicious prosecutionThe 5th U.S. Circuit Court of Appeals undertook to clean out the Augean Stables of federal malicious prosecution actions in a Dec. 5 en banc decision.
By Gary YoungStaff reporter
4 minute read
June 07, 2004 | National Law Journal
CIVIL PROCEDURE | Is 10th Cir. out of step on motion rules?The 10th U.S. Circuit Court of Appeals plans to review a lower court's refusal to order judgment despite the moving party's failure to renew a preverdict motion.
By Gary YoungStaff Reporter
4 minute read
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