Schools in American have faced many challenges over the years. But at least they no longer have to deal with problems like racial segregation. Or, do they? This month, the 4th Circuit Court ruled in a split decision that Pitt County Schools in North Carolina are officially desegregated. Although good news for the school district, this comes as a failure for the plaintiffs, who included African-American parents in the community....
Want to make it rain? Hire a rainmaker. And no, we’re not talking about a superstar lawyer able to bring on clients with millions of dollars in billings. We’re talking about a sales person. Could one be good for your firm? Lawyers are often skeptical of marketing. For almost 70 years, lawyer advertising was simply banned, under the belief that it cheapened the profession. Solicitation was simply unprofessional, as were “all of the methods of shop keepers....
In a conviction of defendant for forcibly assaulting a correctional officer at the Federal Correctional Institution and resisting and opposing correctional officers, district court’s refusal to give defendant’s form of instruction for his affirmative defense is affirmed as, a prisoner charged with a violation of 18 U.S.C. section 111 must, to succeed on the affirmative defense of self-defense, demonstrate that he responded to an unlawful and present threat of death or serious bodily injury....
Defendant’s assault conviction is affirmed, where the “premises” of Asadabad, Afghanistan, where the offense occurred, constituted a United States “military mission” under 18 U.S.C. section 7(9), so as to render it within the criminal jurisdiction of a district court. However, his sentence is vacated where the district court must explicitly find by a preponderance of the evidence what, if any, instrumentality constituted the basis for a dangerous weapon enhancement. Read US v....
Culverts can be tricky things, especially if you’re a fish. Culverts, those tunnels and pipes that carry creeks and streams under roadways, are an easy way to allow traffic to cross small waterways. But some of them also choke off fish entirely, becoming obstacles for salmon swimming from their upstream breeding grounds to sea. The problem is particularly pronounced when culverts are aging or in disrepair. And plenty of Washington State’s culverts are aging and in disrepair....
Lawyers who sue people en masse for pirating pornography are often demonized as ‘copyright trolls’ but at least one of those people is satisfied with his chosen legal career. Meet John Steele, who is often on the filing end of lawsuits alleging copyright infringement of porn films. While the Internet may hate him, he’s got a full caseload and business doesn’t look like it’s slowing. He’s even proud of his accomplishments....
In USA v. Pabon, the First Circuit helped clarify that under applicable laws, sex offenders must not violate the registration requirements of local laws of sex offenders or of the Sex Offender Registration and Notification Act. Defendants would do well to understand that the more egregious their criminal background is, the harder it is to secure sympathy from the court. Luis Pabon pled guilty for violating registration requirements of the Sex Offender Registration and Notification Act....
We recently reported on the Alabama Supreme Court decision allowing brand-name drug manufacturers to be held liable for injuries sustained from generics. The decision has prompted a whole host of hand-wringing and a parade of horribles from places like The Wall Street Journal and Claims Journal. The three separate dissents in the case also insisted that the ruling was anti-business and would lead to more lawsuits. If you’re the GC of a drug company, should you be worried?...
My Facebook page contains 222 likes, some of which are probably embarrassing and not at all representative of my actual interests. Sometimes you “like” something because there is a giveaway. Sometimes you do so sarcastically. Then again, sometimes, you “like” something because you appreciate the brand or person and want the world to know. And, of course sometimes, you get caught “liking” your boss’s opponent in the next election. ‘Like’ Is Speech The district court, while noting that Facebook posts had previously been recognized as speech, held that free speech required something more substantive than clicking a button....
FindLaw columnist Eric Sinrod writes regularly in this section on legal developments surrounding technology and the Internet. An appellate court in Paris has ruled recently that Facebook can be sued in France and a case thus can proceed against the social media giant in France with respect to Facebook’s decision to remove the account of a user in France who posted a well-known 19th century nude painting, according to Reuters....
We’ve written before about the importance of net neutrality when it comes to the Internet, but with mobile devices being what they are, there are two Internets. One is the one in your house that comes through the cable or phone line. The other is the one that comes to your smart phone via your cell phone company. The FCC held a roundtable discussion Tuesday about whether net neutrality should apply to “mobile broadband,” the Internet connection available over cell phones....
If you’re a legal professional in the Peach State, consider yourself lucky. Not only do you have access to the culture of Atlanta, the beauty of the barrier islands, and the history of Savannah, you’ve now got access to the best state codes around. FindLaw’s new Georgia Code and Constitution section is your best source for Georgia laws, all available for free. So if you’re looking for information about bonds and pretrial release in Athens or if you need to know about workers’ comp claims procedures, FindLaw’s got you covered....
An Australian appellate court recently ruled that rapper Flo Rida could not be served via Facebook in a breach of contract lawsuit. Reversing a lower court’s decision, the court ruled the social media site was not an appropriate means to serve notice to the elusive hip hop artist. Though the decision took place in an Australian court, the case raises an interesting question: Can you get served via Facebook in the U....
Generic Paxil may soon be headed to the Third Circuit Court of Appeals. A federal judge in New Jersey has ruled in favor of GlaxoSmithKline, giving it permission to sell generic Paxil to Apotex, a Canadian pharmaceutical company. The ruling comes in a 2010 lawsuit filed by generic drug manufacturer Mylan. The company accused Glaxo of breaching a licensing agreement that gave it an exclusive right to market and sell generic Paxil....
In the Star War’s movie Rogue One, a droid and a human learn a lesson on trust in the workplace. Jyn Erso, questioned about the blaster she’d been hiding, says she found it. “I find that answer vague and unconvincing,” says K-2SO in his best lawyer impression. “Trust goes both ways,” the rebel replies. In human resources language, that means “intelligent trust.” Intelligent Trust Feature films usually aren’t made to teach workplace productivity, but Rogue One did make $1 billion....
It’s hard to find a lawyer who is a hero for everybody. That’s because for every hero, there is an enemy – and in the law it is often the same person. It’s the nature of the adversary system; even the devil has an advocate. It may be wishful thinking, but the legal profession needs a hero. It’s not easy in America, even when everybody is supposedly on the same side....
Slocking. It’s nothing new. Rappers Kool G and Tupac referenced padlocks in socks years ago. And if softcore adult films on Netflix are your cultural reference points of choice, [spoiler alert] Red got slocked by Vee in the penultimate episode of the second season of “Orange is the New Black.” Take a prison-issued padlock. Put it in a sock. Beat your fellow prisoners. It’s ingenious and not altogether unheard of. And that’s these two prisoners’ point: Why are prisons still handing out padlocks?...
Women have closed the gender gap in law schools, and they are gaining in the attorney ranks. But they are far from parity in law firm ownership. Nicole Galli, who left BigLaw to found her own law firm, wants to see that change. Leading a new group called Women Owned Law, she said it will take some effort. “I think that there is a real difference between being a woman lawyer and a woman entrepreneur,” she told Big Law Business....
A bill in the Oklahoma legislature seeks to make it more difficult for some married Oklahomans to get divorced. House Bill 1277, introduced by Representative Travis Dunlap, would get rid of incompatibility as a reason for divorce in many circumstances. If passed, no fault divorces could be a thing of the past in Sooner State, with quick separations turned into week-long trials. The proposed legislation, titled the “Fairness in Fault Act,” was introduced last week and would eliminate incompatibility as a justification for divorce if there are living minor children from the marriage, the parties have been married for ten years or more, or if either party objects in writing....
In-house attorneys are generally aware that workplace safety can be one of the most pressing concerns for a business client, but they might be less familiar with the implications of OSHA’s Multi-Employer Citation Policy. If you’re wondering, what is OSHA’s Multi-Employer Citation Policy? Then you’re in luck. This quick overview is for you. The Big Four According to the Bureau of Labor Statistics, the most common “Fatal Four” injury types are:...
