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Law.com

After 'Baseless' Accusations Against Judge, Lawyer's Third Petition for Admission to Federal Court Rejected

The "new allegation of the chief judge's supposed involvement in the death of a court employee gave only more reason for the district court to conclude that the same character traits that led to denial of [Frank] Lawrence [Jr.]'s petition [for admission to that Michigan Western District federal court] in 2018 continued to plague him in 2021," the Sixth Circuit panel said.
6 minute read

Law.com

10th Circuit Joins Sister Courts in Holding Presence of COVID-19 Does Not Constitute 'Direct Physical Loss or Damage'

"As an initial matter, whether COVID-19 causes direct physical loss or damage under a property insurance policy is an open question in Colorado," Judge Timothy M. Tymkovich said. "Relying on relevant precedent from Colorado and other jurisdictions, we answer that question in the negative and conclude Sagome was not covered."
5 minute read

National Law Journal

Eight Reasons Climate Lawsuits Should Be Rejected by Local Officials and Dismissed by the Courts

Evidence is plentiful that public officials should reject pleas to pursue these frivolous lawsuits. America's climate agenda should not be driven by outside special interests.
7 minute read

Law.com

6th Cir. Tosses Ohio Lawyer's Suit Alleging NBA, Players' Union Unlawfully Blocked Him From Becoming an Agent

"Generally speaking, the Sherman Act prohibits monopolizing or unreasonably restraining trade and commerce," wrote the Sixth Circuit panel. "But Congress did not dispatch the Act to cover all actors," and one example of that is labor unions, such as the NBPA, which "Congress broadly exempted them from the Act's prohibitions."
5 minute read

Law.com

10th Circuit: 'Plot-Centric Unit of Prosecution' Allows for Joe Exotic's Consecutive Sentences for Hitmen Plots Against Rival

"As a threshold matter, the district court did not abuse its discretion by limiting its sentencing scope and refusing to reconsider Maldonado-Passage's previously denied motion to dismiss for multiplicity," stated Senior Judge Michael R. Murphy in his written opinion for the court. "Therefore, no vehicle to challenge the § 1958(a) components of his sentence as multiplicitous remains. Nonetheless, this court also confirms § 1958(a)'s 'plot centric' unit of prosecution permits separate offenses and consecutive sentences when, as here, two unrelated hitmen are hired to kill the same person."
6 minute read

Law.com

State Court Divided: Is a Lack of Safety Equipment in Classroom Considered a 'Physical Defect'?

The plaintiffs alleged in part that Greenville failed to provide proper safety equipment, including a fire extinguisher.
7 minute read

The Legal Intelligencer

Commonwealth Court Overstepped by Sua Sponte Invoking Statute in Environmental Dispute, Pa. Supreme Court Says

Donohue said sua sponte consideration of issues "deprives counsel of the opportunity to brief and argue issues" and "disturbs the process of an orderly judicial decision making."
4 minute read

National Law Journal

Leaders of the Plaintiffs Bar—NLJ's 2022 Profile Interviews in Review

A collection of our conversations with plaintiffs bar leaders in 2022.
1 minute read

Law.com

Caseworker's Placement Recommendation Was the 'Catalyst That Led to the Children's Harm' and Could Be Basis for Liability, Sixth Circuit Says

"Through Von Sacken's efforts, plaintiffs went from a neglectful (and in the baby's case, abusive) home to a living hell, which certainly meets the definition of an affirmative act," Senior Judge Richard F. Suhrheinrich wrote on behalf of the unanimous panel.
6 minute read

National Law Journal

2023 to Be a Busy Year for the Plaintiffs Bar—Here Is What You Need to Know

Plaintiffs bar leaders are mostly optimistic about business and litigation trends in 2023, but are also seeing some bumps on the road ahead.
8 minute read

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