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It’s not often that a court will go out of its way to expound on how a prior court got it wrong when it is nonetheless bound to follow that court’s precedent. However, in the recent Bayview Park cross case, the Eleventh Circuit didn’t hold back on explaining how the prior Eleventh Circuit panel got it so wrong. Despite the fact that the whole decision could have fit within a few pages, the judges devoted over 80 pages, with each of the panel judges writing separate concurrences practically begging for the en banc court to rehear and overturn the case....

The Eleventh Circuit Court of Appeals heard oral arguments in the Georgia and Alabama immigration law appeals yesterday, but the appellate court will not issue an opinion on the laws any time soon. The presiding judge in the case announced before arguments started that the circuit will wait to rule on the matter until the Supreme Court issues an opinion on Arizona’s immigration law, reports WBRC. The Supreme Court will hear arguments in Arizona v....

Few other times in history has the subject of accounting been so captivating as it was in the criminal fraud scandal of executives at the collapsed law firm of Dewey & LeBooeuf. The trial revolved around the arguably gray-area practices of three executives in the law firm who were charged of just falling short of cooking the books in order to “inflate” income of the once venerated law firm. Who would have believed that such a precise professional service could be so murky?...

In September, Eleventh Circuit Judge J.L. Edmondson called out fellow Circuit Judge Ed Carnes for his lengthy opinions. (While Judge Carnes’ writing may be verbose, we gravitate toward his opinions because he is easily the most engaging writer on the Eleventh Circuit bench.) This week, Judge Carnes authored a 25-page opinion explaining why a disgruntled Alabama telecomm customer can’t recover improperly assessed fees from AT&T. In true Carnes fashion, rife with analogies about donkeys in lions’ hides, Carnes explains why the district court didn’t have subject matter jurisdiction to hear the case....

Law firms big and small are using dynamic, interactive such as Facebook and Twitter to connect with the public. Here is rundown of recent social networking tech news that your firm should be aware of. Facebook did some back-to-school shopping this week, grabbing up the 12-member company FriendFeed for $50 million. And to further primp and preen for the new school year, it also starting testing out “Facebook Lite”–a streamlined, Twitter-like feed for microblogging....

The Eleventh Circuit Court of Appeals recently ruled that Fastcase’s petition for declaratory relief against Lawriter may proceed to the merits stage. In short, this case relates to Lawriter’s claim that Fastcase is infringing upon its rights to the Georgia code by accessing the code that Lawriter publishes on behalf of the state. Interestingly though, the federal district court dismissed the matter due to its belief that Lawriter doesn’t actually have any rights to enforce, and due to a lack of jurisdiction....

There’s no question that Microsoft Word is the standard when it comes to computer word processing. The program, which was first released over 32 years ago, is installed on over 1 billion machines and used for just about all non-specialized word processing needs. But it’s starting to see its dominance challenged, as consumers move to online word processors and tablets, where Word’s reign is much less established. If you’re looking to break free from Bill Gates or simply want to explore other options for your firm, there are alternatives out there....

Google announced last week the creation of a “Google Scholar” button for Chrome. The button sits in your tool bar and allows you to search for terms on a Web page in Google Scholar without actually going to the Google Scholar website. No less an authority than Professor Orin Kerr of George Washington University Law School lauded the button last week – because Google Scholar also searches case law. That it does, but for practitioners, a legal research database is still the best solution....

Looking for ways to survive that post-Thanksgiving weekend slump? While it may be mid-week already, some of us might have had a little too much turkey and pumpkin pie (with leftovers to boot) over the past weekend that we are still feeling those sleepy side-effects of wanting to remain in bed. With the weather getting chillier, who can blame you? Well, your clients, for one. So, with that said, here are some ways to help you survive that post-long weekend slump:...

Setting an amount for an initial demand can often be a rather nerve-wracking exercise in futility. You know the other side isn’t going to just say yes, but on the off chance they do, are you going to regret coming in too low? If you value the case at a certain dollar amount, what’s the litmus for settlement value on an initial demand? If you go too low and still get rejected, will you sour future negotiation attempts?...

The Judicial Conference of the United States recently adopted a new court fee schedule in response to inflationary expenses. It is the first increase in court filing fees in eight years. Fee increases will become effective November 1, 2011. The income the Judiciary receives through miscellaneous fees allows it to reduce its annual appropriations request to Congress. Fees in appeals, district, and bankruptcy courts are affected, and expected to result in an estimated $10....

If your firm is growing, it may soon be time to hire your first new associate. This sounds great, but beware: you should be cognizant that legal pitfalls await the employer who fails to properly navigate the small business legal labyrinth. Below, we introduce some of the very basics of new associate hiring. Small Business, Big Consequences What’s the difference between a small business and a large business? The most relevant is the larger firm’s ability to handle legal rough patches....

The Fifth Circuit Court of Appeals decided this week in a matter of first impression that the loss of an association’s right to collect assessments on condemned properties does not require just compensation under the Takings Clause of the Fifth Amendment. According to the court, compensating for these types of assessments “would allow parties to recover from the government for condemnations that eliminate interests that do not stem from the physical substance of the land” and “unjustifiably burden the government’s eminent domain power....

We’re a week deep in the embarassing U.S. Federal Government shut down, but one thing remaining open? SCOTUS. Yep, today is the first Monday of October and that means one thing: SCOTUS is in session and beginning to hear oral arguments. One of the cases that will no doubt stir emotions and public opinion is McCullen v. Coakley, an abortion buffer zone case out of the First Circuit. MORE COVERAGE:...

It was barely a few months’ time before a nominee was put forward to fill Senior Judge Andre Davis’ seat. At the time, we were shocked; considering the number of vacancies nationwide, some of which were many years old, a vacancy being filled this quickly was basically a modern miracle. Pamela Harris was the nominee. And only a few months later, she is now confirmed. Welcome to the Fourth Circuit, Judge Harris!...

In 1994, a class-action lawsuit was brought against Big Tobacco, including R.J. Reynolds, in Florida state court on behalf of all Florida citizens and resident who have suffered or died as a result of medical conditions caused by their addiction to cigarettes. The trial court, realizing the enormity of the task at hand, split the trial into three phases: Phase I “consisted of a year-long trial to consider the issues of liability and entitlement to punitive damages for the class as a whole;” Phase II was a determination of the liability of the tobacco companies to three individual class representatives, compensatory damages for those individuals, and a determination of class-wide punitive damages; Phase III would evaluate the individual claims of the remaining class members....

Evangeline Parker never wanted to be a benchmark in sexual discrimination law. She began as a low-level clerk when she started her job, but ultimately rose to assistant operations manager. That’s when it turned ugly with rumors she slept her way to the top. Adding injury to insult, the company fired her. In Parker v. Reema Consulting Services, Inc., she sued for sex discrimination based on a hostile work environment. The U....

FindLaw columnist Eric Sinrod writes regularly in this section on legal developments surrounding technology and the Internet. Many of us feel the need for control - we need to be behind the wheel when in a car. We do not like others to drive us, and when they do, we become the classic backseat drivers - constantly critiquing the technique of whoever is driving besides ourselves. And then there is the issue of people beyond the wheel in other cars....

In the never-ending saga of Uber finding themselves in legal trouble over acting like, well, Uber, the ride hailing behemoth has been sued by Sidecar. Remember Sidecar? They basically pioneered the concept of ride sharing with an upfront price, and were a real competitor in the industry, at least until, as the company alleges in its lawsuit, Uber engaged in anti-competitive conduct which crushed any chances the company had of competing in the industry....

‘The hardest thing in the world to understand is the income tax,’ Albert Einstein once said. We’d say, though, that any lawyer who can figure out the Rule Against Perpetuities or the proper use of Latin legalisms can probably handle tax season. That doesn’t mean you won’t need help though. We’re no accountants, but we do have a few tips to aid solo practitioners and small firm lawyers during these trying times....