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Policastro v. Tenafly Board of Education
A school's content-neutral mailbox policy was a valid time, place and manner limitation and did not violate plaintiff's First Amendment rights.Property Right Denied Over Dead Body
California's 2nd District Court of Appeal has concluded that property rights don't apply to dead bodies, finding that a contrary 9th Circuit decision was at odds with over 100 years of state court precedent. The state decision turns away a family's negligence suit against the Los Angeles county coroner's office for keeping a shooting victim's remains unembalmed and unrefrigerated for a week. The court also found that the coroner had no duty to preserve the remains under the state's Health and Safety Code.Bar may Require Higher Marks on Ethics Exam
State Bar leaders, worried that law students aren't being drilled sufficiently on legal ethics, are leaning toward toughening the state's requirements for passing a nationally administered test on the subject. Meeting in San Francisco on Saturday, the State Bar Board of Governors voted 13-5 to ask the Committee of Bar Examiners to consider raising the minimum passing score.Calif. Bar Aims Fat Fee Hike at Inactive Lawyers
California Bar dues could be going up, with the heftiest increase being borne by lawyers who don't practice law. The organization is seeking to increase dues by $5 per year for the state's active members and a whopping $85 for inactive attorneys. Bar leaders retreated from an earlier proposal that would have forced bad lawyers to pay a substantial portion of the costs of their own disciplinary proceedings. The idea had come under heavy attack from both inside and outside the Bar.Is Your Business Well Dressed?
Business owners are familiar with the trademark protection available for words and logos that identify a company's products and services. Less well known is that it is also possible to protect the packaging and format of those products and services, as well as various features of a business, under federal trade dress law. A crucial element, says attorney Alan J. Haus, is whether the features are non-functional, and whether they distinctively identify a business so as to distinguish it from competitors.Elder Abuse Suits� Swelling Wave
Assisted-living cases are keeping health care practices busy, for plaintiffs and for defense lawyers like Gordon & Rees partner John Supple.Trending Stories
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