Montalvo V Gonzalez Amparo No 08 1405

District court’s dismissal of plaintiff’s suit as time-barred, alleging malpractice by her deceased mother’s medical care providers, is vacated and remanded where: 1) the date of accrual for plaintiff’s personal claim was within the one-year statute of limitations; and 2) under 32 L.P.R.A. section 255, plaintiff is entitled to bring her mother’s medical malpractice claim because it was brought within one year of her mother’s death. Read Montalvo v. Gonzalez-Amparo, No....

February 13, 2022 · 1 min · 173 words · Sara Jacobson

No Need To Look Beyond Guidelines For Conspiracy Definition

Jesus Rodriguez-Escareno pleaded guilty to illegal reentry following a deportation. He had earlier been convicted of conspiracy to distribute methamphetamine. At his sentencing for illegal reentry, the district court increased his sentence because it considered his earlier crime to be a “drug trafficking offense,” which permitted a 16-level enhancement under the Sentencing Guidelines. Rodriguez-Escareno received a 48-month prison sentence. Rodriguez-Escareno didn’t object to the Presentencing Report application of the Sentencing Guidelines....

February 13, 2022 · 2 min · 423 words · Randall Bergman

Ramirez Lebron V Int L Shipping Agency Inc No 08 2321

In a labor dispute involving seniority rights between two employee groups of defendant’s, district court’s dismissal of the complaint is reversed and remanded as, the district court erroneously dismissed plaintiffs’ complaint, as the factual allegations are sufficient under section 301 to establish plaintiffs’ standing and sustain their claim that defendant, by entering into a side agreement with the other employees designed to procure an arbitration award, breached the CBA and effectively repudiated its arbitration provision, thereby estopping defendant from posing the defense of exhaustion....

February 13, 2022 · 1 min · 178 words · Diana Brewer

Resources For Lawyers Offering Pro Bono Services During The Immigration Ban

When President Trump issued his executive order barring visitors, immigrants, and refugees from seven majority-Muslim countries, hundreds of lawyers rushed to major airports, where they set up camp and begin filing lawsuits and habeas petitions on behalf of those detained. Maybe you were one of them. Maybe you want to be one of them. If so, here are a few resources to help you out. Many lawyers came to airports like JFK, Dulles, and LAX spontaneously, but many had been prepared in advance....

February 13, 2022 · 3 min · 525 words · Linda Wojciak

Revocation Of Electronic Supervision Program And Reimprisonment Constitutional

In Gonzalez-Fuentes v. Molina, No. 08-1818, the First Circuit faced a challenge, by the Commonwealth of Puerto Rico, of a district court’s judgment in a 42 U.S.C. section 1983 suit brought by former inmates and a petition for habeas relief by inmates, re-imprisoned after being admitted into an electronic supervision program (ESP). In reversing the judgment and vacating the permanent injunction, the court held that the district court erred in finding an ex post facto violation against either group....

February 13, 2022 · 2 min · 239 words · Jena Warren

Social Media Shouts Metoo And Biglaw Listens

In case you missed it, social media is a force to be reckoned with in the law. It’s not just a medium for social connections, like Facebook. And it’s more than a referral medium, like LinkedIn. Social media has the power to change the law, like it just did at BigLaw. Munger, Tolles & Olson has abandoned mandatory arbitration agreements for its employees because social media said so. No Mandatory Arbitration Munger Tolles announced it will no longer require employees to sign mandatory arbitration agreements as a condition of employment....

February 13, 2022 · 2 min · 416 words · Stanley Taylor

Tips To Make A Coworking Space Work For A Solo Lawyer

‘Coworking space’ is not new anymore, and so we have learned how to use it. It wasn’t even new when people started using the term; it used to be “office sharing.” It meant sharing expenses by working with other people in close quarters. With the ascension of tech companies, however, coworking space evolved to become entrepreneurial space. As it turned out, coworking is also perfect for the modern solo practitioner....

February 13, 2022 · 2 min · 382 words · Darrell Cole

Top 5 Compliance Trends In House Counsel Need To Know

Your job is to make sure the company is dotting its I’s, crossing its T’s, and generally staying on the right side of the law. In other words, compliance. Regulatory compliance should be one of the largest parts of any legal department’s work. And though the law moves slowly, it does move, so in-house counsel need to stay on top of the latest compliance trends. Sadly, when it comes to compliance, one of the main trends is a lack of resources....

February 13, 2022 · 3 min · 462 words · June Maines

What Will Law Firms Do As Net Neutrality Dies

For most everyday internet users, including lawyers, net neutrality has been a good thing. But that Obama-era idea was so yesterday. In the Trump era, net neutrality as we know it will soon be dead. So what will law firms do when internet service providers raise rates for fast-lane internet and slow down traffic for everybody else? After paying the premium, of course, lawyers will sue. New Legislation New legislation almost always means new lawsuits....

February 13, 2022 · 2 min · 308 words · Melvin Barb

Why Lawyers Should Publish

We’ve said it before and we’ll say it again: lawyers are writers. Whether it’s a motion to suppress, an email to a client or draft legislation, the legal craft is often a written craft. Sure, your Brief in Support of Plaintiff’s Motion for Summary Judgment might not be a literary masterpiece, but it’s at least a testament of your skill with the written word. So why not put that skill to better use?...

February 13, 2022 · 3 min · 481 words · Robert Reed

Mobile Tuesday Revived Will Consumers Want To Phone It In

If you’re worried there won’t be enough time to get your discount shopping in, never fear: Mobile Tuesday is here. Yes, in addition to Black Friday, Small Business Saturday, and Cyber Monday, now Mobile Tuesday is trying to reel in tech-savvy shoppers. The idea is to create deals that are only available to consumers who make purchases on their smartphones or mobile devices, according to Forbes. The company’s goal is to create a space to pull together all shopping deals available for smartphones and mobile devices, and make it available Nov....

February 12, 2022 · 2 min · 329 words · Bobbie Stoltz

3 Good Reasons To Use Tech To Manage Talent

For corporate employers, managing talent can often be a real burden. In addition to legal compliance, getting employees and managers to comply with performance evaluations, self-evaluations, and goal setting, can be as difficult as nailing jelly to a tree. However, if your company uses the right tech, it might actually be able to get its talent to manage themselves, improve its talent management, and even avoid some litigation. Tech enables employees to be part of their own management process....

February 12, 2022 · 2 min · 424 words · Felicia Curtis

5 Things To Know About New Fifth Circuit Chief Judge Carl Stewart

Here at FindLaw, we understand the pressures of being a legal professional - most of us are recovering lawyers - so we want to help by tossing you that preferred life preserver of the legal profession, the short list. Last week, Fifth Circuit Chief Judge Edith Jones announced that she would be stepping down from her chief-dom “a bit early” due to family problems. We’re going to miss the feisty Judge Jones as the head of the court, but today we’re focusing on the future and welcoming the new chief: Judge Carl E....

February 12, 2022 · 3 min · 503 words · Alice Morgia

5 Tips For Setting Up Holiday Out Of Office Replies

It’s a good idea to take a vacation during the holidays. But before you check out for some much-needed time off, you need to set up your out-of-office email reply. As an attorney, forgetting to set up an out-of-office reply can be a dangerous move. Even if you’re only missing one day for the holidays, if an emergency comes up, clients need to know what to expect. Setting up a quick out-of-office reply is a good start, but taking some extra time to be thoughtful about it is even more beneficial....

February 12, 2022 · 1 min · 165 words · Andrea Godine

5 Top Tips For Letting Employees Go

No one likes to be fired and few people like to fire others. But if the firing is tough, the resulting litigation can be tougher. For, as inevitable as terminations are in the business world, they’re also often fodder for lawsuits. As in-house counsel, you can have a role in reducing firing-related litigation and making sure terminations are done right. To help, here’s our top firing tips, from the FindLaw archives....

February 12, 2022 · 3 min · 479 words · Norman Schiel

Activist Loses Appeal For Appointed Counsel In Fight Against Tsa Body Scanning

It has not easy being Sai. The activist, who goes by a mononym to reject any authority to make him use another name, got rejected by a federal appeals court in his case against the Transportation Security Administration. He wanted the court to appoint a lawyer for him in his fight against body scanning by the TSA. The First Circuit Court of Appeal had one word for him: “No.” Remove Everything from Your Wallet Sai, who claims poverty and funds “advocacy litigation” through donations, sued the TSA in pro per....

February 12, 2022 · 2 min · 412 words · Juana Martin

Attorney General Eric Holder Resigns What S Next

Conservatives finally got their wish: Attorney General Eric Holder is stepping aside, though it remains to be seen whether they will have any input on his successor. Earlier today, President Barack Obama and Holder made a joint announcement about the resignation, with Obama saying that Holder did a “superb job” and confirming that Holder would leave once his successor was lined up. In his prepared speech, Holder thanked the president, the vice president, and his family, and celebrated the administration’s achievements in pushing for LGBT equality and reform of the criminal justice system, among others....

February 12, 2022 · 3 min · 506 words · Jason Simmons

Attorneys Rss Is Alive And Well

Is RSS over? There has been a lot of chatter recently about whether RSS, or Really Simple Syndication, is dying. But it turns out that RSS is alive. While many attorneys make use of the technology to organize what they read online, a post from UK-based web designer Kroc Camen sent RSS lovers into a bit of a frenzy. The post was picked up by Hacker News and re-tweeted quite a lot....

February 12, 2022 · 2 min · 336 words · Gloria Niesman

Disabled Lawyers Compete With Tech And Time

It wasn’t a joke when the law firm sent a yellow school bus to pick up a summer associate for a firm function. It was just insensitive. Stuart Pixley had cerebral palsy and used an electrical wheelchair to get around. The office party was two miles away and the firm couldn’t figure out how to get him there. That was in the mid-1990s; in some ways, things haven’t changed much....

February 12, 2022 · 2 min · 318 words · Theresa Kubinski

Feds Leave Puerto Rican Political Case To Commonwealth Courts

Political patronage is a dirty word to many. It is one of the principles of the American Idea that in this land of opportunity, we’ll choose the best person for the job, no matter their political affiliation. For about a century after our modern Constitutional government was formed, patronage was the name of the game and each change in administration meant a massive civil service turnover, and of course, corrupt bargains and payoffs for positions....

February 12, 2022 · 3 min · 465 words · Maria Littlejohn