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This Week's Articles on The Legal Intelligencer
Thursday, July 2, 2009
Judge tentatively acquits woman in MySpace case
The Associated Press
LOS ANGELES (AP) ? A Los Angeles federal judge has tentatively thrown out the convictions of a Missouri mother for her role in a MySpace hoax directed at a 13-year-old neighbor girl who ended up committing suicide.
Group of Attorneys Supports Fired Govt. Watchdog
New York Law Journal
Nearly 150 prominent attorneys of all political stripes have banded together to support one of their own who went to Washington, D.C., to serve as a government watchdog, only to be unceremoniously dismissed by the Obama administration last month.
Nebraska judge strikes down Medicaid rule
The Associated Press
LINCOLN, Neb. (AP) ? Nebraska has been wrongfully denying Medicaid coverage to hundreds of low-income residents whom state officials argued did not work enough to comply with a welfare-to-work program, a judge has ruled.
SPONSOR SPOTLIGHT
Thursday, July 2, 2009
Sargent Resigns as Dean of Villanova Law
The Legal Intelligencer
Villanova University School of Law Dean Mark A. Sargent has resigned from the post, effective immediately, citing personal and medical reasons. Sargent was not available for comment.
Three Interim Judges Confirmed to Philadelphia Bench
The Legal Intelligencer
Two judgeships on the Philadelphia Municipal Court and one judgeship on the Philadelphia Court of Common Pleas have been filled with interim appointments, while two judgeships on the Philadelphia Court of Common Pleas will remain unfilled until January.
Unsound Management May Lower a Firm's Income
The Legal Intelligencer
Too many lawyers in private practice are frustrated in achieving their personal and professional objectives because of the absence of sound management and administration of their firms.
Blank Rome Cuts Associate Compensation
The Legal Intelligencer
Blank Rome became the latest firm to put the squeeze on associate salaries, with much of the focus on more junior associates.
Special 3rd Circuit Panel Admonishes 9th Circuit Chief Judge, But No Discipline
The Legal Intelligencer
The judicial misconduct complaint against 9th Circuit Chief Judge Alex Kozinski has been resolved with a public admonishment but no discipline imposed on the judge for the sexually explicit material found on his family Web site.
Will Campaign Finance Case Affect Vote on Sotomayor?
The National Law Journal
The Supreme Court's unusual order Monday delaying a decision in Citizens United v. Federal Election Commission and setting it for reargument Sept. 9 may introduce more pressure on the Senate to confirm Supreme Court nominee Sonia Sotomayor and have her on the bench by then.
Ciavarella Testifies at Special Hearing
The Legal Intelligencer
A disgraced former Luzerne County Common Pleas Court judge who handled a defamation suit against a Wilkes-Barre newspaper in 2006 said Thursday he was unaware of any improprieties or irregularities in how the case was assigned.
Social Media for Lawyers: HubSTREET
The Legal Intelligencer
In keeping with the social media for lawyers theme, I continue to uncover new online opportunities.
Berry Recuses Himself From Criminal Cases
The Legal Intelligencer
A Philadelphia judge facing sanctions from the Court of Judicial Discipline for using his judicial secretary to help run his landlord business has recused himself from all criminal cases.
Court Affirms Finding of Bad Faith by Township in Zoning Case
The Legal Intelligencer
The Commonwealth Court has affirmed a Montgomery County judge's decision reviving the development plans for a controversial office park project, agreeing with the lower court's conclusion that the Whitemarsh Township Board of Supervisors acted in bad faith toward the office park's developers.
Witnesses Tie Reputed Mobster to Luzerne Judge
The Legal Intelligencer
A pair of witnesses testified during a court hearing Wednesday that reputed northeastern Pennsylvania mob boss William "Billy" D'Elia had envelopes delivered to disgraced former Luzerne County President Judge Michael T. Conahan at the courthouse and that Conahan met with D'Elia and another admitted felon multiple times to discuss fixing cases.
OIG Approves On-Call Services Payment Plan
The Legal Intelligencer
Taking a look at an issue pressing many hospitals, the Department of Health and Human Services, Office of Inspector General, or OIG, addressed the issue of a payment arrangement between a hospital and physicians for on-call coverage and indigent in-patient care in an advisory opinion issued May 21, 2009.
PEOPLE IN THE NEWS
The Legal Intelligencer
Addition
Joel Luber , an estate planning attorney, has joined Offit Kurman as a principal in the firm's Philadelphia office.
Texas Jury Awards $1.67 Billion in Patent Case
The Recorder
News of Monday's record-setting $1.67 billion patent verdict against Abbott Labs had patent lawyers slack-jawed across the country.
Court 'moving ball' on racial hiring, Obama says
The Associated Press
WASHINGTON (AP) ? President Barack Obama said Thursday the Supreme Court was "moving the ball" on affirmative action in this week's decision favoring white firefighters in New Haven, Conn., but he added that the court had not ruled out the use of racial preferences in the future.
Wednesday, July 1, 2009
Obama White House not appealing transgender ruling
The Associated Press
WASHINGTON (AP) ? The Obama administration is not fighting a nearly $500,000 judgment for a Library of Congress hiree who lost the job while undergoing a gender change from a man to a woman.
Court trims lawsuit filed by man cleared of rape
The Associated Press
WARREN, Mich. (AP) ? A suburban Detroit rape victim can't be sued by a man who served nearly 12 years in prison for the crime before being acquitted at a second trial.
Thirty Percent of Homes Saved from Sheriff's Sale in Mortgage Program
The Legal Intelligencer
The one-year anniversary of the First Judicial District's mortgage foreclosure diversion pilot program was celebrated this week with court leaders noting that 1,400, or 30 percent, of the 4,690 homeowners who have gone through the program in the last year have had their homes removed from sheriff's sale
Federal Judge Sends Eagles Discrimination Suit to Arbitration
The Legal Intelligencer
The Philadelphia Eagles have won a forum battle in a dispute with Bonnie Grant, the team's former director of communications, now that a federal judge has ruled that she must take her claims of sex and disability discrimination to arbitration.
NCAA Settlement Will Boost Sickle Cell Trait Testing
The National Law Journal
The National Collegiate Athletic Association has agreed in a legal settlement to recommend that college and university athletic departments test student athletes for the sickle cell trait, which has contributed to deaths following physical exertion.
Conduct Board Files Complaint Against Bucks District Judge
The Legal Intelligencer
The Judicial Conduct Board announced Monday that it has filed a complaint with the Court of Judicial Discipline against a Bucks County magisterial district judge for allegedly altering official records and for "indecorous language and behavior toward a police officer."
Circuits Split on Sentencing for Financial Fraud
The National Law Journal
The 1st U.S. Circuit Court of Appeals on Monday waded into a growing circuit split over how tough judges can be on defendants accused of financial fraud.
Pay Cuts at Firms Gaining Momentum
The Legal Intelligencer
Schnader Harrison Segal & Lewis last week held what is becoming a common meeting at large law firms, to inform its associates, partners and staff that their salaries would be cut. Schnader Harrison became the sixth Pennsylvania firm in recent weeks to announce pay cuts in some form.
Fourth And Forever — Just Another Fantasy?
The Legal Intelligencer
Keeper rules, waiver wire, unauthorized trades and salary cap are all terms that were once limited to the front offices of sports teams and their general managers.
Coupons Not Required: GCs Look for Creative Ways to Save on Legal Costs
The Legal Intelligencer
It's no secret that money is on the minds of general counsel everywhere.
County Nursing Homes Open to Civil Rights Suits
The Legal Intelligencer
In a landmark opinion that recognizes a new category of lawsuits, the 3rd U.S. Circuit Court of Appeals has ruled that the Federal Nursing Home Reform Amendments give residents of county-run nursing homes the right to bring civil rights claims under Section 1983 to challenge the quality of their treatment.
High Court Losses Stun Environmentalists
The National Law Journal
Environmentalists suffered a stunning 0-for-5 outcome in the U.S. Supreme Court this term, their "worst term ever," according to advocates and scholars.
Ohio high court rules for abortion record privacy
The Associated Press
CINCINNATI (AP) ? The Ohio Supreme Court has ruled that parents of a 14-year-old girl who had an abortion cannot get records of other minors treated at the same Cincinnati clinic.
Kahn, WWII Vet and Peace Activist, Dies
The Legal Intelligencer
Alan Kahn, 86, a retired lawyer, died May 23 of pneumonia and other complications of systemic lupus.
1,400 homes avoid foreclosures in Philadelphia
The Associated Press
A pilot program designed to help cash-strapped Philadelphia homeowners avoid foreclosure has helped 1,400 people keep their homes.
Pa. lawyer pleads guilty in $2.5M kickback scam
The Associated Press
A lawyer at the center of a $2.5 million kickback scheme involving a pair of corrupt judges and hundreds of juvenile criminal cases pleaded guilty in federal court Wednesday.
Pa. law firm to pay penalty for Gephardt donations
The Associated Press
A Pennsylvania law firm is to pay $155,000 to settle allegations that it illegally funneled money to the presidential campaign of former Missouri Rep. Dick Gephardt.
Court Employees' Pay Is Delayed With Harrisburg Budget Impasse
The Legal Intelligencer
With the leadership of the executive and legislative branches in Harrisburg still far off from striking a budget deal, 14 employees of the First Judicial District will soon start working days that they won't get paid for until after budget bargaining is over.
PEOPLE IN THE NEWS
The Legal Intelligencer
Addition
Maureen E. Hailey has joined The Law Offices of Rhonda Hill Wilson , a Philadelphia personal injury firm.
Tuesday, June 30, 2009
PEOPLE IN THE NEWS
The Legal Intelligencer
Elected and Appointed
Donna Kreiser of McNees Wallace & Nurick was elected to the board of directors of the Pennsylvania Association of Bond Lawyers at the organization's annual meeting last month.
Pa. man wins $16.2M settlement after losing legs
The Associated Press
A Pennsylvania man who says his co-workers didn't come to his aid when a bulldozer crushed his legs has won a $16.2 million settlement.
Prevailing Parties Do Not Have to Appeal After All
The Legal Intelligencer
A little over three years ago, in March 2006, the Pennsylvania Superior Court held, in the case of Basile v. H&R Block.
Pa. judge accused of reducing grandson's fine
The Associated Press
A magisterial district judge in suburban Philadelphia is accused of reducing a fine that her grandson got for underage drinking.
Scaffolding Collapse Results in $3.5 Mil. Settlement
The Legal Intelligencer
A scaffolding collapse has resulted in settlements totaling $3.5 million for two plasterers and a truck driver.
Judge: Yoko owns copyright to rare Lennon footage
The Associated Press
BOSTON (AP) ? A federal judge has found that the widow of John Lennon is the rightful copyright holder of rare, intimate footage showing the former Beatle and his family in London in 1970.
Injunction Issued in Challenge to Ethics Act
The Legal Intelligencer
Finding that the secrecy provisions in the Pennsylvania Public Official and Employee Ethics Act are likely overbroad and squelch the free speech rights of citizens, a federal judge has issued a preliminary injunction that bars state officials from punishing someone for publicly disclosing the fact that an ethics complaint has been filed.
GCs, in Survey, Say Firms Are Bluffing When It Comes to Service, Cost
The Legal Intelligencer
For all the talk about change in the legal industry, corporate counsel are finding it hard to believe that outside firms are serious about rethinking their approach to client service and billing.
Panel: Megan's Law Registration Can't Apply to Homeless
The Legal Intelligencer
Homeless and transient sex offenders are not required to register under Megan's Law, the state Superior Court has ruled in a case of first impression.
Supreme Court Sides With White Firefighters in Bias Case
The National Law Journal
In a dramatic ending before it recessed for the summer, the U.S. Supreme Court on Monday ruled, 5-4, that the city of New Haven, Conn., violated the civil rights of white and Hispanic firefighters when it tossed out the results of a promotion exam after no African-Americans had passed it.
Young Attorney Victorious in First Supreme Court Case
The Legal Intelligencer
Jason Murtagh, 34, recently remarked that for him, in the matter of Haywood v. Drown, the most nerve-wracking moment was when the U.S. Supreme Court granted writ of certiorari on June 16 of last year.
Jackson's parents waste no time seeking control
The Associated Press
LOS ANGELES (AP) ? Michael Jackson's parents wasted little time demanding authority over their son's financially strained empire and guardianship of their fatherless grandchildren. The big question is who, if anyone, will contest them?
Web 2.0 and the Potential Employment Law Pitfalls
New Jersey Law Journal
Most people have heard of the term Web 2.0, or the interactive, user-generated content and social networking Web sites that comprise that term, i.e., Facebook, LinkedIn, Twitter, MySpace, blogs, etc.
Pa. toughens laws to prevent mortgage fraud
The Associated Press
Pennsylvania has two new laws to combat mortgage fraud.
Pa. HICPA: New Law Requires July 1 Registration; Affects Contracts
The Legal Intelligencer
Starting July 1, it will not be "business as usual" for Pennsylvania's home improvement contractors. Gov. Edward G. Rendell recently signed into law the Home Improvement Consumer Protection Act, or HICPA, which heralds some sweeping changes for contractors performing home improvement work.
Justices: States Can Enforce Consumer Protection Laws
The National Law Journal
State attorneys general won a major turf war in the U.S. Supreme Court Monday as the justices held that states may enforce their anti-discrimination and consumer protection laws against national banks.
Accused museum shooter still can't come to court
The Associated Press
WASHINGTON (AP) ? Prosecutors say a white supremacist accused of fatally shooting a security guard at the U.S. Holocaust Memorial Museum is in no condition to come to court.
After Jackson's Death, a Legacy of Litigation Continues
The National Law Journal
When pop legend Michael Jackson died Thursday, he left behind multiple lawsuits that are pending against, and some brought on behalf of, himself and his production company, MJJ Productions Inc.
Can the Voting Rights Act Survive Another Challenge?
The National Law Journal
Within 24 hours of the U.S. Supreme Court's June 22 ruling rescuing the Voting Rights Act from constitutional oblivion, the decision produced a potential client for J. Gerald Hebert.
Monday, June 29, 2009
PEOPLE IN THE NEWS
The Legal Intelligencer
Event
Luis Garcia , associate dean for graduate studies at Rutgers State University of New Jersey , will be the distinguished guest speaker at a naturalization ceremony celebrating Freedom Day at 10:30 a.m. July 2 in the Ceremonial Courtroom of the U.S. Courthouse, Sixth and Market streets, Philadelphia.
For Large Firms, Alternative Billing Makes Inroads
The Legal Intelligencer
When Eli Lilly & Co. settled a whistleblower suit in January for $1.42 billion over allegations it improperly marketed an anti-psychotic drug, Duane Morris was in the unusual spot of representing the plaintiffs along with personal injury firm Sheller P.C.
Court: AG must go to court to probe nat'l banks
The Associated Press
WASHINGTON (AP) ? The Supreme Court said Monday that state attorneys general can investigate national banks for discrimination and other crimes, but only with a court's help.
Talking Up a Storm: E-Books and Text-to-Speech Technology
The Legal Intelligencer
Amazon's recent foray into the electronic book business can be described in no other way than as a resounding success. In a short period of time, Amazon's Kindle has done for the electronic book what Apple's iPod did for electronic music: that is, make it easily accessible, downloadable and, most importantly, cool.
Are Waivers Available to Lawful Permanent Residents With 'Aggravated Felony' Convictions Under the INA?
The Legal Intelligencer
An issue of significant concern for some lawful permanent residents is the impact of a criminal conviction on their immigration status.
GC Mid-Atlantic Supplement
The Legal Intelligencer
Click here to view the full text of the June 29, 2009 GC Mid-Atlantic supplement.
The More Things Change ...
The Legal Intelligencer
Everyone seems to have transition on the brain these days.
Making a Difference
The Legal Intelligencer
If it were up to David Lebor, new law graduates interested in pursuing corporate law would have to work in-house first to get a better sense of how an organization is run.
Ethics Training Could Get Push After Berry Ruling
The Legal Intelligencer
In the wake of a scathing opinion from the Court of Judicial Discipline against Philadelphia Common Pleas Judge Willis W. Berry Jr. for running his real estate business out of his judicial chambers, court observers said several cases of judicial misconduct that have emerged in the last year could spur the institution of mandatory judicial ethics training.
Coupons Not Required
The Legal Intelligencer
It's no secret that money is on the minds of general counsel everywhere.
Comings & Goings
The Legal Intelligencer
Karen Hedlund of Nossaman in Washington, D.C., has been appointed chief counsel of the Federal Highway Administration, a U.S. Department of Transportation agency.
Firms, GCs Starting to Talk the Talk
The Legal Intelligencer
When Flaster Greenberg managing shareholder Peter Spirgel brought in general counsel from six clients this month to talk to the attorneys about what the firm was doing right and where it was missing the mark, he didn't know what he was going get. Or how the lawyers would react.
Help Is Nigh on the Student Loan Front
The National Law Journal
Moaning about massive student debt is a time-honored tradition among law school graduates.
Bernard Madoff gets maximum 150 years in prison
The Associated Press
NEW YORK (AP) ? Convicted swindler Bernard Madoff was sentenced to 150 years in prison Monday for fraud so extensive that the judge said he needed to send a symbolic message to those who might imitate his fraud and to victims who need relief.
N.J. High Court Rules Developers Must Pay to Preserve Trees
New Jersey Law Journal
On May 13, the New Jersey Supreme Court settled an issue that has been troubling to the development community — whether municipalities have the authority to adopt tree removal ordinances — in N.J. Shore Builders Ass'n v. Jackson Township.
Civil Rights Laws Don't Insulate Against 'Innuendo'
The Legal Intelligencer
Ruling there is no constitutional right to be free from "innuendo," a federal judge has dismissed a civil rights suit brought by a police chief who claimed his reputation was damaged when borough officials posted an Internet notice that said he had been suspended.
Superior Court Finds 'Obstreperous Conduct' Warrants Full Counsel Fees
The Legal Intelligencer
The Superior Court has vacated and remanded a lower court's ruling that had awarded only about one-third of the actual legal fees a woman incurred while engaged in a battle for child support with her ex-husband, who fraudulently concealed increases to his income from 2001 to 2006 to avoid increases in payments.
Amtrak GC Gets Legal Department On Track
The Legal Intelligencer
The career of Eleanor "Eldie" Acheson, who was named vice president, general counsel and corporate secretary of the National Passenger Rail Corporation (AMTRAK) in 2007, has featured several firsts.
Congressional Research Service on Sotomayor: Hard to Categorize
The National Law Journal
The non-partisan Congressional Research Service has produced a report on the opinions of Supreme Court nominee Sonia Sotomayor, drawing conclusions that lend support to her advocates' assertions that she is far from an extreme liberal.
Defense attorneys want off FBI shooting case
The Associated Press
Two defense attorneys representing a Pittsburgh-area woman who fatally shot an FBI agent in November say they're not being paid.
Sunday, June 28, 2009
WVA Chief Justice: High court not setting school rules
The Associated Press
WHITE SULPHUR SPRINGS, W.Va. (AP) ? Don't look to the Supreme Court to set school rules, only to clarify them when officials have abdicated that responsibility, Chief Justice John Roberts said Saturday.
Discounts used to lure warrant scofflaws in Mich.
The Associated Press
HOWELL, Mich. (AP) ? There's a sale on for people facing arrest on warrants in Livingston County: Show up voluntarily and save at least $115 in fees.
NC judge hailed as tough but fair with his work
The Associated Press
ASHEVILLE, N.C. (AP) ? Ten dollars a minute. That's how much federal Judge Lacy Thornburg politely orders attorneys tardy to his courtroom to pay the court clerk after listening to their apologetic explanations for why they are late.
