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The Lawletter Blog
TORTS: Immunity of Yelp for Derogatory User Comments
PROPERTY: Barking Dogs Results in Competing Nuisance Claims Between Neighbors
WILLS: Succession to the Estate of French Rock Star Johnny Hallyday
CIVIL RIGHTS: The ADEA's Numerosity Requirement Does Not Apply to Governmental Defendants
CRIMINAL LAW: Mere Possession of Concealed Firearm Does Not Justify Terry Stop
CIVIL PROCEDURE: Dismissal of Frivolous Prisoner and In Forma Pauperis Actions in Federal Court
CONSTITUTIONAL LAW: Requiring Major Political Party Affiliation for State Court Judges Runs Afoul of First Amendment Right of Association
ESTATES: Gifts Under a Power of Attorney
FAMILY LAW: Modern Technology and the Definition of "Writing"
TORTS: Government's Liability for Child Abuse by Foster Parents
WILLS: Scope of Description "Personal Effects"
TAX: Minimum Contacts Necessary for Taxation of Trust
EMPLOYMENT LAW: When Can an Employer Require an Employee to Undergo a Medical Exam Under the ADA?
CIVIL PROCEDURE: Seeking Appellate Relief Under Mandatory Standard of Review Theory
EMPLOYMENT: Arbitration—“Gateway Issues”
CRIMINAL LAW: No Constitutional Right to Engage in Bestiality
CIVIL RIGHTS: Noncitizen Charged with Deportable Crime Is Entitled to Jury Trial
ATTORNEY AND CLIENT: Maintaining Professional Competence in the Digital Age
FAMILY LAW: Admissibility of GPS Surveillance Data in Civil Cases
PERSONAL INJURY: Liability for Employer's Failure to Obtain Workers’ Compensation Insurance
CIVIL PROCEDURE: Facebook's Alleged Intrusion on Users' Privacy Confers Standing to Maintain Class
BUSINESS LAW: Is Predictive Dialer an Autodialer Subject to the Telephone Consumer Protection Act?
EMPLOYMENT: Disability Discrimination in Employment—Health-Care Employer
TORTS: Therapist's Liability for Eliciting False Memories of Sexual Abuse
TAX: Free Like-Kind Exchanges of Property
EMPLOYMENT: Age Discrimination—Public Employers
FAMILY LAW: Role of Assets in Determining Amount of Alimony
CONTRACTS: Investigating and Defending Against Student Loan Claims
PRODUCTS LIABILITY: No Due Process Violation in Application of Collateral Estoppel
ESTATE PLANNING: Lifetime Gifts of Closely Held Business Stock to Family Members
EMPLOYMENT LAW: EPA Prohibits Using Prior Salary in Establishing Initial Pay
CREDITOR’S RIGHTS: IRS Form 1099-C—Reporting Requirement or Debt Extinguishment Trap?
BANKRUPTCY: Reluctant Judicial Enforcement of Prepetition Automatic Stay Waivers
INSURANCE: Automatic Revocation of Beneficiary upon Divorce
ESTATES: Succession to the Estate of Charles Manson
EMPLOYMENT: Breach of Fiduciary Duty and Unfair Competition
CRIMINAL LAW: Fourth Amendment Applies to Cell Site Location Information
TAX: Sales and Use Tax: The End of the “Physical Presence” Test
CONSTITUTIONAL LAW: Convicted Domestic Abuser's Gun Rights Go Up in Smoke
PROPERTY: Do Short-Term Vacation Rentals Violate Covenant Prohibiting Commercial Activity or Use?
CIVIL PROCEDURE: Submission of Materials Outside the Pleadings in Response to a Rule 12(b)(6) or Rule 12(c) Motion
CIVIL RIGHTS: SCOTUS Overturns Lower Courts' Conclusions on Probable Cause And Qualified Immunity
TORTS: Is Your Computer Tracking You?
BANKRUPTCY: Effect of Prior Bankruptcies on Civil Litigation
WORKERS' COMPENSATION: Exclusivity—Employer’s Failure to Obtain Insurance
PROPERTY/LANDLORD TENANT: Can a Tenant Use the Exclusionary Rule When Fighting an Eviction?
CRIMINAL LAW: Second Circuit Upholds Restrictions on Removing "Premises Licensed" Handguns from Premises
FAMILY LAW: Social Security Dependency Benefits and Alimony
CONTRACTS: The Importance of Distinguishing a Contracting Party from a Stranger
PROPERTY: Landlords' Liability to Guest of Tenant for Dog Bite Injury
TORTS: Expanding Virginia's Anti-SLAPP Legislation
CRIMINAL LAW: Was Traffic Stop Unlawfully Prolonged in Violation of Rodriguez?
CONTRACTS: Obligation to Support Parent Under Taiwanese Law
CONTRACTS: Like Oil and Water: Contract and Tort Claims Don't Mix in Virginia
ESTATES: Removal of an Executor or Trustee
PROPERTY: Construction of Structure Blocking a Neighbor’s View Not a Nuisance
LOCAL AND STATE GOVERNMENT: State Is Immune from Liability for Sexual Abuse by Adopted Child
Civil Procedure: Laches in Cases Where Suit Is Commenced
TORTS: Social Host's Legal Duty to Render First Aid
PERSONAL INJURY: Comparative Fault in Crashworthiness Cases
FRAUD: CFTC Sues Bitcoin Ponzi Scheme Operator
CREDITORS RIGHTS/CONTRACTS LAW: Revoking Contractual Consent to Receive Creditor Phone Calls
PRODUCTS LIABILITY: Similar Incident Evidence Admissible in Unintended Acceleration Case
PROPERTY: Expansion of Easements by Necessity in Virginia
CRIMINAL LAW: No Right to Use Forfeited Substitute Assets to Pay for Appeal Counsel
Civil Rights Litigation: The Supreme Court Further Restricts Bivens Actions
TAX: U.S. Tax Court Quotes Show Business Celebrity
PROPERTY: Landlord's Liability for Collapsed Deck
EMPLOYMENT DISCRIMINATION: Long-Term Leave Is Not a Reasonable Accommodation
CRIMINAL LAW: Digital Cameras Held Outside Scope of Search Incident to Arrest Exception
CIVIL RIGHTS: Third Circuit Joins Sister Circuits in Recognizing Right to Record Police
PERSONAL INJURY: Suicide as Intervening Event
CIVIL PROCEDURE: International Service of Process via Twitter
TRUSTS: Creation/Timing of Self-Proving Affidavits
CIVIL PROCEDURE: Issue Preclusion Between Claims Arising Under Two Different Statutes
PERSONAL INJURY: Effect of Injured Party's Immigration Status
EMPLOYMENT LAW: Are Gay, Lesbian, and Bisexual Employees Protected from Discrimination Under Title VII?
EDUCATION LAW: Scotus Offers Circuits Guidance as to Scope of 20 U.S.C. § 1415(l) and the Exhaustion of Administrative Remedies
CONTRACTS: Breach-of-Contract Claims in Medical Malpractice Cases Require Breach of Additional Promise
TORTS/SOVEREIGN IMMUNITY: Foreign-Country Exception to the Federal Tort Claims Act
PATENT LAW: Laches Defense No Longer Available in Patent Infringement Cases
MARITIME LAW: Is Consumption of Fuel Stores During a Hijacking Event Covered by General Average?
CRIMINAL LAW: Due Process Demands Return of Court Costs, Fees, and Restitution When Conviction is Overturned
CONTRACTS—Arbitration: Nonexistence of Designated Arbitral Institution at Time of Dispute May Void Mandatory Arbitration Requirement
CRIMINAL LAW: Texas Good-Faith Exception to Exclusionary Rule Applied to Illegal Drug Sniff
TAX: Corporate Income Tax Reform
ATTORNEY AND CLIENT: Attorneys Must Preserve Confidential Information While Executing Judgment for Fees
CIVIL PROCEDURE: Effect of Dismissal Without Prejudice in Mortgage Foreclosure Suits
PROPERTY: Landlord and Tenant: Landlord's Waiver of Right to Charge Penalty for Late Rent Payment
PROPERTY: Realtor's Written Contract with a Co-Owner Binding on the Other Owners
CONSTITUTIONAL LAW: Maryland "Assault Weapon" Ban Upheld by Fourth Circuit
CIVIL PROCEDURE: Objecting to Requests for Production under the Federal Rules
Vanguard Profiles NLRG
Federal Tort Claims Act—Effect of State Time Limitations
TAX: Legal Issues Arising from Tax-Related Identity Theft
FAMILY LAW: Custody Is Determined in Child's Home State, Not State Where Divorce Is Filed
TRUSTS: Charitable Trusts and Bankruptcy Proceedings
CRIMINAL PROCEDURE: Ninth Circuit Adopts "Plain Hearing" Doctrine
PROPERTY: Flipper's Folly—Virginia Supreme Court Rules That Buyer Not Entitled to Reimbursement After Improving Wrong Property
FAMILY LAW: Imputing Investment Income for Purposes of Spousal Support
CRIMINAL LAW: Sentencing—New Rule in Johnson Was Substantive as Applied to Advisory Sentencing Guidelines
PROPERTY/MORTGAGES: Implied Duty of Good Faith: Impact of Loan Modification Request
EMPLOYMENT DISCRIMINATION: Causation in an Equal Pay Act Retaliation Case
CONTRACTS: Statute of Frauds No Bar to Parent’s Claim for Student Loan Repayment
CIVIL PROCEDURE: Strictly Construing Service of Process Rules to Devastating Effect
ESTATES: The Inheritability of Digital Music Files
PERSONAL INJURY: Hospital's Liability for Malpractice Based on Apparent Agency
CIVIL PROCEDURE: The Attorney Testimony Rule—Attorney Affidavits and Summary Judgment
BANKRUPTCY: Puerto Rico Debt Restructuring
FAMILY LAW: Business Valuation Upon Divorce—Goodwill
GOVERNMENT CONTRACTS: Supreme Court Decision Aids Veteran-Owned Business
EMPLOYMENT LAW: NLRB "Search-for-Work" and "Interim Employment"
TAX: IRS v. Facebook
FAMILY LAW: Enforcing a Child Support Obligation Through Constructive Trust
CRIMINAL LAW: Use of Risk Assessment Tools in Sentencing Upheld . . . For Now
CONSTITUTIONAL LAW: Use of Cell-Site Simulator Constitutes a Search
PRODUCTS LIABILITY: Manufacturer Not Strictly Liable for Sale of Product Containing Defective Components
PUBLIC EMPLOYMENT: "A Law" Does Not Include an Agency Regulation
CIVIL PROCEDURE: Achieving "Proportionality" in Discovery
BANKRUPTCY: Rejection or Assumption of Executory Contracts Under 11 U.S.C. § 365
WILLS: Execution Evidence—Testator Incapacity Due to Permanent Mental Impairment
PERSONAL INJURY: Punitive Damages Awarded Against a Decedent's Estate
EMPLOYMENT LAW: FMLA: Individual Liability and the Need for Clear Communication
APPELLATE BRIEF WRITING: Mistakes Can Be Fatal to Your Case
EMPLOYMENT LAW: Recent Equal Pay Developments
ATTORNEY-CLIENT: Colorado Retains the "Strict Privity Rule" for Malpractice in Estate Planning
TAX: Inversions—Apple's Complex Web of Subsidiaries
CIVIL RIGHTS: Exhaustion of Administrative Remedies for Retaliation Claims
CRIMINAL LAW: Search and Seizure—Traffic Stop—Length of Detention
FAMILY LAW: Time Limits on Divorce Hearings
CIVIL RIGHTS: Help America Vote Act Creates Individual Right Enforceable Through § 1983
MORTGAGES: Mortgagor Entitled to Truth-in-Lending Disclosures Even if Not Personally Liable on Loan
TRUSTS: Hostility Between Beneficiary and Trustee as Ground for Removal of Trustee
CORPORATIONS: Nonresident Trust Company Fiduciary Power Reciprocity Statutes
CIVIL PROCEDURE: Relief in Federal District Court from a Fraudulently Obtained Remand Order
TRADEMARKS: The Slants and the Redskins—Federal Circuit Rules That Excluding "Disparaging Remarks" Violates First Amendment
CIVIL RIGHTS: Pregnancy Discrimination Under PDA: Supreme Court's Interpretation of Same-Treatment Clause in Young v. United Parcel Service, Inc.
MORTGAGES: A 2009 Amendment to the Truth in Lending Act, 15 U.S.C. § 1641(g), Is Not Retroactive
PRODUCTS LIABILITY: What Statute of Limitations Governs Breach-of-Warranty Claims for Personal Injury?
WRONGFUL DEATH: Apportioning Wrongful Death Proceeds Between Decedent's Survival Claim and Beneficiaries' Wrongful Death Claim
CIVIL PROCEDURE: Scope of the Commercial Activity Exception to the Foreign Sovereign Immunities Act
PRODUCTS LIABILITY: Strict Liability—Definition of "Product User" Expanded
FAMILY LAW: Court Obtains Jurisdiction Under UCCJEA When Action Is Filed, and It Can Exercise Jurisdiction Even After All Parties Leave State
CHURCHES: Constitutional Law—Ministerial Exception
FAMILY LAW: Constitutionality of Grandparent Visitation Statutes
CIVIL RIGHTS: Do Termination Reports Constitute "Publication"?
TAX: Qualified Tuition Plans (QTPs)
CRIMINAL LAW: Search and Seizure—Medical Marijuana Statute—Probable Cause to Search Based Solely on the Smell of Marijuana
CONTRACTS: Agreements to Negotiate Distinguished from Agreements to Agree
PROPERTY: Drafting the Renewal Clause in a Lease
CONSTITUTIONAL LAW: Involuntary Commitment Scheme Violates Due Process
PROPERTY: Duty of Mineral Rights Lessee/Purchaser to Inform Lessor/Vendor About Deal in Place to Resell Rights to Third Party for Much Higher Price
BANKRUPTCY: Reopening a Federal Bankruptcy Case
WORKERS' COMPENSATION: Compensability—Employment-Related Travel in Employer-Provided Vehicle
PERSONAL INJURY: Nuisance Claims—Recovery for Emotional Distress
CIVIL RIGHTS: Intracorporate Conspiracy Doctrine
LABOR LAW: More on Deflategate
CIVIL RIGHTS: A Civil Rights Civil War: Religious Observance and Educational Rights of the Disabled
CIVIL PROCEDURE: Filing of Postjudgment Motion Tolls Deadline to Move for Attorney's Fees
PROPERTY: Enforceability of Clause in Residential Property Lease Seeking to Shield Landlord from Liability for Injuries Caused by Mold or Fungus
FAMILY LAW: Delegation of Power to Decide Custody and Visitation
TAX: Carly Fiorina, Multistate Income Taxation, and the Dormant Commerce Clause
CRIMINAL LAW: Search and Seizure—Warrantless Procurement of Cell Site Location Information
FAMILY LAW: Did Actions of Alleged Father in Response to Custody Petition Amount to Consent to Court's Exercise of Personal Jurisdiction?
CONSTITUTIONAL LAW: Denial of Medical Care for an Inmate Was Cruel and Unusual Punishment
CIVIL PROCEDURE: Right to Appeal Dismissal of Case Consolidated for Pretrial Proceedings in Multidistrict Litigation
PROPERTY: Stranger-to-the-Deed Rule Did Not Invalidate Right of First Refusal
PERSONAL INJURY: Negligence—Innkeeper's Duty When Evicting Guests
CRIMINAL LAW: Supreme Court Allows Use of Three-Year-Old Child's Out-of-Court Statements About Abuse
ESTATES: Assets—Gold Bars, Bullion, and Coins—Tangible or Intangible Property?
TRADEMARKS: Effect in Court of Decision by TTAB
FAMILY LAW: Support Guidelines and Retirement Benefits
ARBITRATION: FAA Preempts N.Y. Statute Prohibiting Mandatory Arbitration Clauses in Consumer Contracts
PUBLIC LAW: Ability to Obtain Shelter Is a Major Life Activity
IMMIGRATION LAW: Analyzing State Drug Paraphernalia Offense for Purposes of Removal Under INA
WORKERS' COMPENSATION: Collection and Jurisdiction in Multistate Workers' Compensation Cases
LANDLORD-TENANT: Apartment Tenant May Have Claim for Breach of Implied Warranty of Habitability Based on Another Tenant's Harassing Behavior
APPELLATE PROCEDURE: How Not to Use Out-of-State Authority When Writing an Appellate Brief
CRIMINAL LAW: Search and Seizure—Probable Cause for Search in Light of—Enactment of Medical Marijuana Law
CIVIL RIGHTS: Circuits Split on Showing Required in Reverse Discrimination Cases
BANKRUPTCY: Finality—Appealability
TRUSTS: Dean Smith Payments to Players—NCAA Violation
PROPERTY: Does Seller of Real Property Have Duty to Disclose That Property Is Haunted?
CONSTITUTIONAL LAW: Fighting Words Are Not Protected Speech
FAMILY LAW: Laws of State of Domicile Govern Divorce of Couple Married in Another State
ANTITRUST: Supreme Court Provides Guidance on Active-Supervision Prong of State-Action Immunity Test
TAX: State and Local Sales Tax on Internet Sales of Goods
ESTATES: Depletion of Eventual Probate Estate Through Inter Vivos Transfers
PERSONAL INJURY: Does Medical Monitoring in Absence of Present Physical Injury Merit Award of Damages?
CRIMINAL LAW: Search Warrants—Good-Faith Exception
BANKING LAW: Credit Card Issuer Prevails in Class Action Brought Under Credit CARD Act of 2009
PRODUCTS LIABILITY: Expert Testimony Based on Unfounded Assumption Inadmissible
CRIMINAL LAW: Prosecutorial Misconduct in Closing Argument
CIVIL PROCEDURE: Simultaneous Involvement in Cobell Settlement Claim Bars Plaintiffs' Mineral Lease Complaint Against United States
MORTGAGES: Notice of the Truth Shall Set You Free: Timely Assertion of the Right of Rescission Under the Truth in Lending Act
FAMILY LAW: Spousal Support in No-Guideline States
TAX: Assessed Value Dispute—Robert De Niro's Hudson Valley Compound
CRIMINAL LAW: Punitive Effect of Retroactive Application of Sex Offender Registration Requirements
CORPORATIONS: Minority Shareholders—Appraisal Rights
PROPERTY: Is an Oil and Gas Lease Subject to the Implied Covenant of Good Faith?
FAMILY LAW: Modification of Alimony Agreement
CORPORATIONS: Does the Business Judgment Rule Apply to Corporate Officers?
ATTORNEY-CLIENT: Attorney's Fees Awards for Prevailing Civil Rights Plaintiffs Under 42 U.S.C. § 1988—The Special Circumstances Exception...
EMPLOYMENT LAW: Keeping Employment Policies Apace with Developments in Same-Sex Marriage and Gender Identity Discrimination
CIVIL PROCEDURE: Notice—Use of the Internet
TORTS: Defamation—Absolute Privilege—Statements to Media
PENSIONS: What Severance Contracts Are Subject to Federal ERISA Law?
CRIMINAL LAW: Search and Seizure—Cell Phone Location Tracking
IMMIGRATION LAW: Standard for Evaluating Criminal Conviction in Removal Proceedings Based on Conviction
BANKRUPTCY: Chapter 13
CIVIL PROCEDURE: Electing Between Legal and Equitable Remedies
PRODUCTS LIABILITY: Nonmanufacturing Seller May Be Liable
ELECTION LAW: Government Regulation—Gaming—Constitutional Law
FAMILY LAW: Equitable Distribution of the Family Pet
CRIMINAL LAW: Juvenile Sentences—Retroactivity of Miller v. Alabama
CONSTITUTIONAL LAW: Florida District Court Weighs In on Preemption by Title VII
TAX: IRS Announces Its Position on Bitcoin
CREDITORS' RIGHTS: Fair Debt Collection Practices Act Disclosure Notice Could Be Given Orally
CONTRACTS: Memorandum of Understanding Was Not a Binding Contract
TAX: "Material Participation" Required to Avoid Passive Activity Loss Rules
CIVIL PROCEDURE: Federal Court Jurisdiction
PERSONAL INJURY: Comparing Compensatory Damages Awards to Evaluate Excessiveness of Punitive Damages Awards
ESTATES: The Scope of the Probate Exception to Federal Jurisdiction
CRIMINAL LAW: Warrantless Search of Cell Phones
CONSTITUTIONAL LAW: Supreme Court Holds 2012 Recess Appointments to NLRB Invalid
CONTRACTS: Harsh Arbitration Provisions May Be Found to Be Unconscionable Under State Law
CRIMINAL LAW: Driving Under the Influence of a Proscribed Drug or "Its Metabolite"
CONSTITUTIONAL LAW: Refining "Clearly Established" Fourth Amendment Jurisprudence
CIVIL RIGHTS: Same-Sex Sexual Harassment
EVIDENCE: Evidence of Product or Design Defect Essential to Prevailing on Strict Products
FAMILY LAW: Children, Cars, and Equitable Distribution
CONTRACTS: Breach—Super Bowl Tickets—Failure to Provide Seating
PATENTS: "Patent Trolling"—Award of Fees
CRIMINAL LAW: Search and Seizure—Warrantless Search of Motor Vehicle
FAMILY LAW: Husband's Attempt to Avoid a Maryland Divorce by Claiming That His Marriage Was Invalid Is Rejected by Maryland's Highest Court
CONTRACTS: Supreme Court Again Enforces Arbitration Clause Prohibiting Classwide Arbitration
MORTGAGES: Mortgagor's Standing to Challenge Enforceability of Mortgage Based on Alleged Violations of Pooling and Servicing Agreement
CONSTITUTIONAL LAW: Handgun Ordinances Survive Second Amendment Scrutiny
PERSONAL INJURY: Attractive Nuisance Doctrine as Applied to Licensees
CRIMINAL LAW: Search and Seizure—Cell Phone
EMPLOYMENT DISCRIMINATION: Religious Harassment in Workplace—Cautionary Tale for Employers
ADMIRALTY: Limitation of Liability—Third-Party Practice
CONTRACTS: Forum-Selection Clause—Enforcing by 28 U.S.C. § 1404(a) Motion to Transfer Venue
CONSTITUTIONAL LAW: To Be "Clearly Established" or Not "Clearly Established": That Is the Question
CIVIL RIGHTS: Free Speech in the Public Workplace
BANKRUPTCY: Definition of "Defalcation" Under 11 U.S.C. § 523(a)(4)
PENSIONS: ERISA—State Law Waivers
FAMILY LAW: Attorney's Fees—Delaying the Case
CONTRACTS: Construction Contracts—Mechanic's Liens—Constitutionality
CIVIL RIGHTS: Disability Discrimination in Public Employment: Circuits Split on Applicability of Title II
FAMILY LAW: New York Court Recognizes Validity of Pakistani Talaq Divorce
CONTRACTS: Florida Limits "Economic Loss Rule" to Products Liability Cases
PROPERTY—ANTIASSIGNMENT CLAUSES: Provision in Oil and Gas Lease Enforceable Even Though Lessors Cashed Royalty Checks After Assignment
PERSONAL INJURY: Injured Student Assumed Risk of Voluntary Recreational Activity
WILLS & ESTATES: Unadopted Stepchildren as Intestate Heirs
CRIMINAL LAW: Search and Seizure—Consent to Search—Cotenants of Leased Property
EMPLOYMENT LAW: Employment Non-Discrimination Act ("ENDA")
TORTS: Economic Loss Doctrine as a Bar to Negligent Misrepresentation Claims
PRODUCTS LIABILITY: Reading a Product Warning Constitutes "Use" of the Product
CRIMINAL LAW: Limits on Prosecution of Consensual Sexual Relations
PUBLIC LAW: Lanham Act's Prohibition of Trademarking Governmental Insignia Applies Even to the Governmental Entity Itself
CONTRACTS: Cyberlaw—Signed Email Constitutes Binding Legal Agreement
FAMILY LAW: Is DOMA § 2 Next?
CRIMINAL LAW: Retroactivity of Supreme Court Decision in Padilla v. Kentucky
CIVIL RIGHTS: Does Title VII Permit Claims Against Supervisory Individuals in Their Official Capacities?
LABOR LAW: "Living Wage" and the Fair Labor Standards Act
ESTATES: Estate Plan of James Gandolfini
CIVIL PROCEDURE: Pleading a "Plausible" Claim in Federal Court: The Proper Application of the Plausibility Requirement
CONSTITUTIONAL LAW: No False Imprisonment Claims for Teacher Arrested for Grabbing First
PROPERTY: Farmer's Music Concerts on His Farm Were Not Protected by the Tennessee Right to Farm Act
WILLS & ESTATES: Same-Sex Couples
TAX: Representing the "Innocent Spouse"
CRIMINAL LAW: Search and Seizure: Taking of DNA Samples from Criminal Suspects
PERSONAL INJURY: Applying the "Golden Rule" to Liability Arguments
EMPLOYMENT LAW: Comprehensive Employment Policies: A Necessary Tool to Avoiding Damages and Liability
FAMILY LAW: Hague Convention—When Children Are at Risk of Abduction to Nonsignatory Countries
CRIMINAL LAW: False Confessions—Admissibility of Expert Testimony
CIVIL PROCEDURE: Remittitur
MORTGAGES: Standing of Mortgagee Assignee to Bring Foreclosure Action
CRIMINAL LAW: Search Warrant Requirement—Drunk Driving—No Per Se Exigency for Exception to Warrant Requirement
COPYRIGHTS: First-Sale Doctrine—Importation
PRODUCTS LIABILITY UPDATE: The "Other Property" Exception to the Economic Loss Rule in Tort Claims
Choice-Of-Law Issues After United States v. Windsor
TAX & ESTATES UPDATE: IRAs—Designation of Beneficiaries
TAX: Sales—Lap Dance Fees
FAMILY LAW: Proving the Consumer Price Index
PERSONAL INJURY: Tort of Malicious Prosecution Is Expanded in Hawaii
ESTATES: Intestate Distribution—Timing of Application of Half-Blood Reduction-in-Share Statute
CRIMINAL LAW: Gun Restrictions
CONSTITUTIONAL LAW: District of Columbia Circuit Holds 2012 Recess Appointments to NLRB Invalid
TAX: Tax-Free Rollover into an Individual Retirement Account
CRIMINAL LAW: Driver Using Cell Phone Convicted of Negligent Homicide
CONSUMER PROTECTION: A Merchant Could Be Liable for Requiring a Customer Using a Credit Card to Give His or Her ZIP Code
PERSONAL INJURY LAW UPDATE: "Baseball Rule" Does Not Apply in Idaho
PUBLIC LAW UPDATE: Silence Is Not Obstruction of Police
CRIMINAL LAW UPDATE: Right to Effective Counsel During Plea Negotiations
BANKRUPTCY: Judicial Estoppel in Post-Bankruptcy Court State Court Actions
CIVIL RIGHTS: Yackety-Yack, Don't Talk Back—Criticism of a Police Officer
CRIMINAL LAW: Determining the Reliability of Eyewitness Identification Under the Rules of Evidence
EMPLOYMENT LAW: Florida Court Treats Independent Contractor as Employee for Purposes of Enforcing Covenant Not to Compete
TRUSTS & ESTATES AND TAX LAW UPDATE: IRS Recognition of a Postmortem Modification or Reformation of a Decedent's Trust
BUSINESS LAW UPDATE: New or Proposed State Legislation Impacting Businesses
FAMILY LAW UPDATE: Modification of Orders Setting the Date of Valuation
WILLS: Will Substitutes—Duplication of Gift
COPYRIGHT: Statutory Damages—Limit on Punitive Damages Award
FAMILY LAW: Use of Options in Dividing Marital Property: The Question of Time
CIVIL RIGHTS: The EEOC's Presuit Conciliation Obligation—When Is It Satisfied?
PRODUCTS LIABILITY UPDATE: U.S. District Court in Texas Considers Numerous Choice-of-Law Issues in Applying Hawaii Substantive Law to Plaintiffs' Claims
COMMERCIAL LAW: Mortgagee Not Liable for Its Servicer's Truth-in-Lending Violation
CRIMINAL LAW: Sentencing Guidelines—Ex Post Facto
EMPLOYMENT LAW: The American Taxpayer Relief Act of 2012
MEDICAL MALPRACTICE: Montana Supreme Court Recognizes Cause of Action for Negligent Credentialing
TRUSTS & ESTATES: Creation of Beneficial Interests Through Adult Adoption
PROPERTY LAW UPDATE: A Brief Synopsis of RESPA's "Qualified Written Request"
CIVIL PROCEDURE: Recovery of Costs in Federal Court by Prevailing Party
FAMILY LAW: Common-Law Marriage—Mistaken Belief in Validity of Marriage
CRIMINAL LAW: GPS Device Placed on Car Does Not Violate Fourth Amendment
TAX: Expensing the Cost of Developing a Vineyard
CRIMINAL LAW UPDATE: Reliability of Narcotics Dogs to Be Revisited by U.S. Supreme Court
PERSONAL INJURY LAW UPDATE: Cause of Action for Wrongful Death of Nonviable Fetus
PUBLIC LAW UPDATE: Limited Federal Law Options for State Employee Claiming Disability Discrimination
CIVIL PROCEDURE: How Not to Execute Service of Process
CREDITORS' RIGHTS: Ability of Judgment Creditor to Garnish Protected Assets After Deposit into Debtor's Account
SCHOOLS: The ABCs of IEPs: After-the-Fact Explanations Offered to Bolster Deficient Written Plans
CRIMINAL LAW UPDATE: Reliability of Narcotics Dogs to Be Revisited by U.S. Supreme Court
TORTS: Katrina Litigation and Governmental Immunity
FAMILY LAW: Marital Property Titled in the Name of Third Parties
CIVIL RIGHTS: Conflicting Ninth Circuit Equal Protection Analyses Regarding Same-Sex Marriage
ESTATES: Who Keeps the Ring?—Effect of Termination of Engagement
The Duty of a Trustee to Diversify Investments
BUSINESS LAW UPDATE: MARS Rule—Federal Government Launches Concerted Action Involving Fraud and Corruption in the Bank Mortgage Industry, Including Activities by Loan Modification Companies and Attorn
CRIMINAL LAW: Tracking Suspect by Cell Phone GPS
WILLS: The Digital Will
PERSONAL INJURY: Preinjury Release of Child's Personal Injury Claim Held Invalid
CONTRACTS: "Plain Language" Versus "Legalese"
ZONING: A Variance by Any Other Name . . . Is Not a Variance
FAMILY LAW UPDATE: Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance
TAX: Recreational and Social Clubs—Loss of Tax Exemption Due to Use by Nonmembers
MORTGAGES: Servicer's Failure to Sign and Return Loan Modification Agreement Did Not Preclude Enforcement by Borrower
FAMILY LAW: Paternity Fraud Action Allowed Where Payments Were Made Voluntarily
CIVIL PROCEDURE: Pleading Affirmative Defenses in Federal Court After Twombly and Iqbal
PRODUCTS LIABILITY UPDATE: Sixth Circuit Finds Drug Manufacturer Entitled to Immunity Despite Claims of Fraud on the FDA
PROPERTY LAW UPDATE: City Must Face Adverse Possession Claim . . . At Least for Now
TRADEMARKS: Law of Competition—Unfair Competition
CRIMINAL LAW: Long Reach of Immigration Laws
CONSTITUTIONAL LAW: The Separation of Church and High School Graduation Under the Establishment Clause
BANKING LAW: Expanded Money-Laundering Laws Unavailing to Bank Customers Seeking Private Right of Action
PERSONAL INJURY LAW UPDATE: Establishing Liability for Invasion of Privacy
PUBLIC LAW UPDATE: Shopper Can't Sue Store for Racial Mistreatment Under 42 U.S.C. § 1981 or via a Claim for Emotional Distress
FAMILY LAW: Divorcing Parties and Joint Tax Returns
ESTATES: Escheat of Decedent's Estate
EMPLOYMENT DISCRIMINATION: Retaliation Exception to Exhaustion Requirement Ruled Not Abrogated by Morgan
CRIMINAL LAW: Sentencing—Apprendi Applies to Criminal Fines
TAX LAW UPDATE: Codification of the "Economic Substance Doctrine"
CRIMINAL LAW UPDATE: Supreme Court Opens the Door to Many More Successful Federal Habeas Corpus Proceedings for Criminal Defendants Alleging Ineffective Assistance of Counsel
TORTS: Tortious Interference with Parental Rights
PRODUCTS LIABILITY: State Law Claims Involving Hip Prosthesis Preempted by the Medical Device Amendments to the FDCA
INSURANCE LAW: Elements of "General Average" Risk Applicable to Maritime Piracy
FAMILY LAW: Child Support Guidelines Authorize Payment from Custodial Parent to Noncustodial Parent
CRIMINAL LAW: Retroactivity of the Fair Sentencing Act of 2010
CIVIL PROCEDURE: Taxation of Fees for Electronic Discovery
CIVIL RIGHTS: Police Can Be Sued Under 42 U.S.C. § 1983 for Arresting Plaintiff in Safe Location and Releasing Her in Dangerous Neighborhood
TAX: Postmortem Reformation of a Trust in Order to Preserve the Settlor's Intended Tax Objectives
FAMILY LAW: Jurisdiction for Modification of Spousal Support Under the Uniform Interstate Family Support Act
BUSINESS LAW UPDATE: Developments in the Allocation of Risk and Liability in the Emerging Field of Green Construction
FAMILY LAW UPDATE: Transfers for Grossly Inadequate Consideration: Gift or Sale?
MORTGAGES: HAMP Provides No Private Right of Action to Struggling Homeowner Against Lender
PROPERTY: RESPA Does Not Prohibit a Single Settlement‑Service Provider's Retention of an Unearned Fee
CONSTITUTIONAL LAW: Judge Doesn't "Like" Plaintiffs' Facebook Theory
CHURCHES: Theories of Deciding Church Property Disputes
CRIMINAL LAW: Habeas Corpus
EMPLOYMENT LAW UPDATE: Legislation Banning Employer Requests for Social Media Information
PRODUCTS LIABILITY UPDATE: U.S. Court of Appeals Affirms $16.5 Million Pain and Suffering Award to Injured User of Anti-Inflammatory Drug
FAMILY LAW: Worthless Madoff Asset Not Deemed "Mutual Mistake" So As to Reopen Settlement Agreement Postdivorce
CRIMINAL LAW: Federal Sentences—Ordering Sentence to Run Concurrently with or Consecutively to an Anticipated State Sentence
CORPORATIONS: Limited Liability Companies
CIVIL RIGHTS: Reach of the Federal Housing Act with Regard to Postacquisition Discrimination
PROPERTY LAW UPDATE: Foreclosure, Removal, and Attorney's Fees: A Case Study
PERSONAL INJURY & INSURANCE LAW UPDATE: Umbrella Liability Policies—Must They Provide UM/UIM Coverage?
TORTS: Negligence/Liability of DNA Testing Laboratory
TORTS: Trespass: Privileged Entry
PRODUCTS LIABILITY: Federal Law Preempts Texas Fraud-on-the-FDA Rebuttal Statute
FAMILY LAW: Referring Disputed Custody Issues to Guardians or Other Third Parties
CRIMINAL LAW: Death Penalty—Use of Foreign Sodium Thiopental
PUBLIC LAW UPDATE: Graduate Student Can Bring Title IX Retaliation Claim
CRIMINAL LAW UPDATE: Right to Effective Assistance of Counsel Extended to Plea Bargains
FAMILY LAW: Paternity by Estoppel Enforced When in Best Interests of Child
ELDER LAW: Standing to Sue the Attorney-in-Fact Named in a Power-of-Attorney Document
CIVIL RIGHTS: Medical School Not Liable for Dismissal of Disabled Student
CIVIL PROCEDURE: When Is a Procedural Rule "Jurisdictional"?
TRUSTS & ESTATES, WILLS, AND TAX LAW UPDATE: Tax-Exempt Organizations: Political Activities
BUSINESS LAW UPDATE: Enforceability of an Arbitration Agreement When the Specified Arbitrator Has Agreed to Cease Administering and Participating in All Consumer Arbitration
PUBLIC LAW: Consumer Protection—Obligation to Arbitrate
LABOR LAW: Fourth Circuit Holds FLSA's "Filed Any Complaint" Clause Applicable to Intracompany Complaints
INDIAN LAW: Indian Tribe Sovereign Immunity
CORPORATIONS: A Manager's Fiduciary Duty Under the Delaware LLC Act
PENSIONS: ERISA—Effect of Designated Beneficiary's Waiver of Benefits
FAMILY LAW: Proceeds of Fraud as Marital Property
EMPLOYMENT DISCRIMINATION: Availability of a Cause of Action Under §§ 501 and 504 of the Rehabilitation Act
CRIMINAL LAW: Search and Seizure—Attachment by Police of GPS Device to Vehicle Constitutes a Search
Fifth Circuit Reverses District Court's Judgment That Hip Replacement Claims Were Preempted by Medical Device Amendments
PUBLIC LAW UPDATE: Screening of Airline Passengers Withstands Constitutional and Statutory Challenges
TORTS: Negligent Misrepresentation—Economic Loss Rule
CRIMINAL LAW: Discovery
CIVIL PROCEDURE: Sovereign Immunity of Virginia Water Authorities
"It's Not Delivery. It's DiGiorno®."—A Short Note on TILA's Notice and Delivery Requirements
EMPLOYMENT LAW: Supreme Court Upholds Arizona Illegal Workers Law Against Preemption Challenge
TAX: IRS's Right to Examine a Taxpayer's E-Mails
CONSTITUTIONAL LAW: Business Could Be Liable Under Privacy Law for Secret Monitoring of Calls Between Employees and Customers
PROPERTY: Seller of Home May Be Liable to Purchasers for Failure to Disclose a Murder-Suicide Involving the Home's Prior Owners
PERSONAL INJURY LAW UPDATE: Medical Malpractice—Effect of Treatment Expense on Potential Liability
PUBLIC LAW UPDATE: Bulk Purchases of Drivers' Records Okay Under Federal Privacy Law
HEALTH LAW: Patient Privacy Interests: At Odds with Medical Advancement?
CONSTITUTIONAL LAW: The Difference Between "Legislative Prayer" and "School Prayer"
CRIMINAL LAW: Third Circuit Court of Appeals First to Consider Sentence Enhancement Under 18 U.S.C. § 3147
PRODUCTS LIABILITY: Determining Federal Preemption in a State Tort Passenger Seatbelt Action
Criminal Fines—Applicability of Apprendi v. New Jersey
CRIMINAL LAW UPDATE: Eyewitness Identification
BUSINESS LAW UPDATE: Effect of Corporate Bankruptcy Filing on Creditor's Alter Ego Claims
TRUSTS: Judicial Evaluation of a Trustee's Exercise of Discretion
EMPLOYMENT LAW: Overtime Compensation: Factual Specificity Required to State a Claim in the Wake of Twombley and Iqbal
BANKRUPTCY: Jurisdiction
FAMILY LAW: Stock Options—Classification
PRODUCTS LIABILITY: U.S. Supreme Court Holds That Federal Law Preempts State Laws Requiring Generic Drug Manufacturers to Change Labels on Drugs
EMPLOYMENT LAW: New NLRB Rule Mandates Posting of Employee Union Rights
CRIMINAL LAW: Timing Issues Regarding the Fair Sentencing Act
PROPERTY: Adverse Possession—Assertion of a "Claim of Right"
PROPERTY LAW: What Constitutes Unearned Fees Charged to Borrowers Under RESPA § 8(b)?
EMPLOYMENT LAW: New NLRB Rule Mandates Posting of Employee Union Rights
INSURANCE LAW: Survivor's Benefits Under the Black Lung Benefits Act
PUBLIC LAW: Bullying of Disabled Student May Violate Individuals with Disabilities Education Act
EMPLOYMENT LAW: No Violation of Right of Association When Disciplined Public Employee Hires Lawyer
CIVIL PROCEDURE: Supreme Court Rejects General Jurisdiction over Nonresident Defendants Under "Stream of Commerce" Theory
FAMILY LAW: Parental Relocation
PROPERTY: Vendor's Purchase-Money Mortgage Priority over Third-Party Purchase-Money Mortgage
CONTRACTS: Internet Job Posting Ruled Not Solicitation or Inducement
WORKERS' COMPENSATION: Workplace Stress-Induced Suicide May Be Compensable Under Workers' Compensation Law
SCHOOLS/SOCIAL NETWORKING: MySpace: A 2011 Odyssey—School-Imposed Discipline for Off-Campus Internet Speech
PRODUCTS LIABILITY: Is the Statute of Limitations in Individual Products Liability Actions Equitably Tolled During the Pendency of a Class Action in Another Jurisdiction?
PROPERTY: RESPA Prohibition Against Charging of Fees Except for Services Actually Performed May Not Require Multiple Service Providers
CRIMINAL LAW: Search and Seizure—Warrantless Use of GPS Device on Defendant's Vehicle Found to Be a "Search"
EMPLOYMENT DISCRIMINATION: Retaliation for Opposition to Discrimination
FAMILY LAW: Tax Savings as Marital Property
WILLS: Integrated Documents as a Valid Will
BANKRUPTCY: Unsecured Claims—"Chapter 20" Cases
PRODUCTS LIABILITY: Court of Another State Was Not an Alternate Forum
EMPLOYMENT DISCRIMINATION: Employer Not Liable for Age Discrimination Under "Cat's Paw" Theory
PROPERTY: Nonconforming Use Zoning Controversy Hinges on Whether Use Was Permissive, Adverse, or Trespass
TORTS: Negligence—Hotel's Liability for Theft of Guest's Vehicle
CRIMINAL LAW: Supreme Court Rules Children Entitled to More Than Standard Miranda Warnings
PROPERTY LAW: Mortgages, Merger, and Mayhem: Foreclosing Mortgagee's Omission of Junior Lienholder
TAX: Waiver of 60-Day Limitations Period on a Tax-Free Rollover from an IRA Because of an Error by the Taxpayer's Financial Advisor
PROPERTY: Nominal Damages May Support Award of Punitive Damages in a Harmless but Intentional Trespass Action
FAMILY LAW: Grandparents' Petition for Visitation with Adopted Grandchild Denied
CONTRACTS AND CONSUMER PROTECTION: Supreme Court Weighs in on Enforceability of Arbitration Clause Prohibiting Classwide Arbitration
UNEMPLOYMENT COMPENSATION: Emotional Distress Claimant Qualifies for Benefits
PRODUCTS LIABILITY: Statute of Limitations Not Triggered by Earlier-Discovered Disease
CIVIL PROCEDURE: Obtaining Service of Process on a Foreign Defendant
BANKRUPTCY: Student Loans: When Is the Debt Dischargeable?
CRIMINAL LAW: Fourth Amendment: Government Access to Private E-Mails
EMPLOYMENT LAW: Accommodating Employees' Religious Observances and Practices
CRIMINAL LAW: Search and Seizure—Dog "Sniff Test" at Front Door of Private Residence
FAMILY LAW: Equalizing Monetary Awards
WILLS: Relaxation of Requirements for Executing a Will
COMMERCIAL LAW: Mortgage Foreclosure—Stay
EMPLOYMENT DISCRIMINATION: Supreme Court Applies Proximate Cause Analysis to USERRA "Cat's Paw" Case
INSURANCE: Life Insurance—Insurer's Right to Rescind After Incontestability Period Ends
INSURANCE: The MCS-90 Motor Carrier Insurance Surety Endorsement
PROPERTY: Intentional Damage to Neighbor's Easement Leads to Charge of Malicious Mischief Against Property of Another
CRIMINAL LAW AND CIVIL RIGHTS: Due Process—Posttrial Right to Access Evidence for DNA Testing in Civil Rights Action
PRODUCTS LIABILITY: Educational Warnings Regarding Drug Discussed in the Context of Removal
PROPERTY: No Private Right of Action Under the Home Affordable Modification Program ("HAMP")
CIVIL PROCEDURE: Is Denial of Summary Judgment Appealable After Trial on the Merits?
EMPLOYMENT DISCRIMINATION: Employer Can't Force Discrimination Plaintiffs to Submit to Testing of Personalities and Emotional States
PROPERTY: Acquisition of a Prescriptive Easement by a Class of Persons
PERSONAL INJURY: The Effect of a Patient's Fault in Medical Malpractice Cases
PRODUCTS LIABILITY: State Law Failure-to-Warn Claims Not Preempted by FDCA
ARBITRATION: Judicial Intervention
SCHOOLS: School Districts' Standing to Seek Redress from States Under IDEA
SCHOOLS: Teacher Immunity—In-School and on Field Trips
PUBLIC LAW: Large Class Size as Disability Discrimination Against Teachers
Convicted Defendants' Access to DNA Evidence
WILLS: Contests: Relationship Between Undue Influence and Fraud
CRIMINAL LAW: Supreme Court Applies Strict Standard to Federal Habeas Corpus Review of State Conviction
BANKRUPTCY: Qualification of Debtor—Means Test
FAMILY LAW: Errors on Mandatory Financial Statements
CIVIL RIGHTS: Allocating Fees for Frivolous Claims
CRIMINAL LAW: More on the Confrontation Clause from the U.S. Supreme Court
WORKERS' COMPENSATION: Workers' Compensation as Exclusive Remedy for Terminated Employee
LOCAL GOVERNMENT: Church Building Saved by Historic District Designation
CRIMINAL LAW: Unlawful Access of Computers
ADMIRALTY: The Reverse-Erie Doctrine: Saving to Suitors Clause
CYBERLAW: Potential Liability for Operating a Website
SCHOOLS: Preinjury School Trip Release Unenforceable
PROPERTY: RESPA Prohibition Against Charging of Fees Except for Services Actually Performed May Not Require Multiple Service Providers
CONTRACTS AND CONSUMER PROTECTION: Enforceability of Arbitration Clause Prohibiting Classwide Arbitration
STATE AND LOCAL GOVERNMENT: The Shaky Ground of the Citizens-Only Provision of Virginia's Freedom of Information Act
CIVIL RIGHTS: Town Hit with Judgment Under Religious Land Use and Institutionalized Persons Act
TORTS: Parental Immunity Bars a Suit Against Parent for Negligent Supervision in Daughter's Drowning
ESTATES: Impact of Repeal of Federal Estate Tax on Exemption—Calculated Bypass Trusts
EMINENT DOMAIN: What's an Easement Worth?
CRIMINAL LAW: Inmate's § 1983 Claim to Postconviction DNA Testing
EMPLOYMENT LAW: Physical Attractiveness and Sex Discrimination Under Title VII
ALTERNATIVE DISPUTE RESOLUTION: Grounds for Vacating, Modifying, or Correcting Arbitration Award
CRIMINAL LAW: Unreliable Confessions
PROPERTY: Exculpatory Clause in Home Inspection Contract Is Void
AVIATION LAW: Federal Preemption of Tort Claims Against Airlines
CRIMINAL LAW: Bar Cautions Against Concealment of Identity of Material Witness as Condition of Plea Offer
CONSTITUTIONAL LAW: Pledge, Patriotism, and Pupils: Failed Attacks on State Pledge Statutes
CIVIL PROCEDURE: Creative Use of Rule 12(f) Backfires
PRODUCTS LIABILITY: No Duty to Warn re Hot Coffee
TAX: Fate of the Estate Tax in the Lame-Duck Session
BANKRUPTCY: Secured Treatment of Negative Equity
CIVIL RIGHTS: Employment Law - Exhaustion of Administration Remedies
CORPORATIONS: Delaware Supreme Court Issues Important Ruling
INSURANCE: Coverage for Manufacturer's Economic Loss
MORTGAGES: Claims Under the Home Affordable Mortgage Program
CIVIL RIGHTS: Heightened-Scrutiny Test Applied in Fair Housing Act Case
FAMILY LAW: Discovery of Hard Drives
MORTGAGES: MERS May Have Standing to Foreclose on a Mortgage Even If It Does Not Own the Mortgage
TRADEMARKS: Infringement—Initial Interest Confusion
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