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December 27, 2013

WHAT ABOUT DAD?

It is inevitable, in a nation of laws, that Courts should become involved in those highly emotional matters of life and love and family fights.  This […]
December 24, 2013

MERRY CHRISTMAS

Merry Christmas to all those who celebrate it – and a merry day off to those who do not. And as you celebrate, we urge only […]
December 12, 2013

CLEARLY ESTABLISHED RIGHTS

A police officer may only be sued for violating someone’s constitutional rights if those rights are “clearly established” under the law.  (For those who are interested, […]
December 9, 2013

BLAME THE PONIES

Last week, in our weekly diversion from heavier topics, we tried to “blame the dog” for a bad shipment of garlic.  Today, we blame the ponies […]
December 5, 2013

WHAT CAN YOU PROVE

Hollywood portrays many aspects of litigation incorrectly.  This is less of a criticism than it might sound like.  It is natural that the needs for drama and […]
December 2, 2013

NOT BATTING 1.000

Over the last few months, I have posted a fair share of entries on the endless stream of regulations that Washington’s administrative agencies tend to promulgate, and the […]
November 28, 2013

BLAME THE DOG

That solution was not available to a court having to decide whether the crop itself, or the condition under which it was stored aboard the cargo […]
November 25, 2013

CORPORATE WITNESSES

It never feels nice to be sued.  If you head a company, come time to have the corporation’s deposition taken, chances are that the other side […]
November 22, 2013

PRIVACY IN ONE’S YARD

The concept of reasonable expectation of privacy is often more complicated than it appears.  There are reams of cases involving the constitutionality of police observations from […]
November 20, 2013

REASONABLE FEAR

Unemployment compensation is reserved for employees who lose their jobs through no fault of their own.  This is most often understood to mean those who are fired but did […]
November 17, 2013

TO LIEN OR NOT TO LIEN

Florida has powerful lien laws for most people working on a home – most, but not all, or at least not for all of their work.  […]
November 14, 2013

HOOD OF A CAR

A pedestrian is hit by a car.  She is thrown onto the hood of the offending vehicle.  Liability is established.  While the story does not say, we […]
November 12, 2013

IF YOU LIKE PINA COLADA

As Holiday office parties approach, many companies may understandably worry about their liability if they serve alcohol.  How worried they should be depends on the state in […]
November 7, 2013

ONE LAST GHOST

Halloween is behind us and already we look toward Thanksgiving.  But as the last ghost takes its leave, I am reminded of what many realtors know.  […]
September 8, 2013

WHAT’S IN A NAME

We have all heard of Blue Ivy and North.  But celebrities do not have a monopoly on unusual names.  An unmarried couple went to court over […]
September 6, 2013

THE THIN BLACK-ROBED LINE

The economic crisis, whether or not one deems it to be over, will leave its imprint on the courts for a long time to come.  Foreclosures […]
September 1, 2013

TOO BUSY, JUST TOO BUSY

Everyone who watches enough police drama on television knows the Miranda warnings as well as any police officer or lawyer.  They include the ubiquitous “you have […]
August 29, 2013

GIVE UNTO CAESAR…

We are happy here to give our CPA friends their due.  A closely held company recently had a bad surprise when the IRS disallowed the premiums […]
August 28, 2013

UPDATES

In the blog “APPEALS FROM THE GRAVE,” I recounted how a federal court of appeals rejected Louisiana’s attempts to regulate the sale of coffins within the […]
August 25, 2013

GETTING FIRED

People behaving badly are often cause for a chuckle.  Litigants and lawyers alike have had their day in our Sunday Funnies.  Today, it’s the employees’ turns […]
August 22, 2013

JUNK SCIENCE

When it comes to deciding whether expert testimony should be heard by the jury, Florida recently adopted the standard used in Federal Courts.  The judge’s role, […]
August 20, 2013

PUBLIC PROCUREMENT PROBLEMS

Sale or purchase of goods or services to the public, or between private businesses, requires attention.  So long as the parties genuinely understand each other though, and their […]
August 18, 2013

CHINESE CAUSATION

People injured as a result of others’ negligence must not only prove that those they sue were negligent, but that the negligence caused their injuries.  At least, […]
August 15, 2013

CRIMINAL APPEALS, SENTENCING REVISITED

I will close for the moment our series on criminal appeals with an example on the sentencing appeals I talked about last week.  That example from […]
August 11, 2013

BAD DRIVERS

There are bad drivers out there.  And then there’s this guy. He was observed driving east in the west-bound lane, with the driver’s side of his […]
August 9, 2013

CRIMINAL APPEALS, PART II

Earlier this week, I talked about evidentiary issues as a frequent ground for criminal appeals.  Another frequent ground for criminal appeals, when the conviction itself may […]
August 5, 2013

CRIMINAL APPEALS, PART I

Being an appellate lawyer is different from being, say, a personal injury lawyer or a real estate lawyer. Handling an appeal requires above all the ability to […]
August 4, 2013

LIFESTYLE CHANGES

People who file for bankruptcy and agree to a payment plan instead of an outright discharge have the right to set aside money they need to […]
August 2, 2013

NOT ALL LIES ARE FRAUD

The word “fraud” is one of the most used legal terms in every-day language, and, as a result, one of the most misused too.  It takes […]
July 28, 2013

ATTORNEYS WITH TOO MUCH TIME ON THEIR HANDS

I suspect one has a lot of idle time in prison.  That may be part of what leads to so many frivolous suits by prisoners.  Attorneys […]