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September 30, 2022 | Law.com

Skilled in the Art With Scott Graham: Judge Dyk's Snappy Memoir Touches on Confirmation, (Non) Retirement and the Challenge of Judicial Equality

"After a period of years, I think you learn that dissents do not always serve a useful purpose," and other takeaways from 22 years on the appellate bench.
12 minute read
September 30, 2022 | The Legal Intelligencer

'Raymour & Flanigan' and the Damage It Did to the Bureau Document System

As if we needed any reminding, a few weeks ago, the Pennsylvania Commonwealth Court issued a precedential opinion in the matter of Wolfe v. Martellas…
7 minute read
September 30, 2022 | Law.com

Court Lays Out How to Effectively Screen Defense Lawyers-Turned-Prosecutors From Former Clients' New Cases

"Apart from determining that a mere proffer [that screening or Chinese Wall inside the prosecutor's office existed] was insufficient and suggesting that affidavits about a screening procedure may be relevant evidence, we have never affirmatively identified the various factors a court should consider in determining whether a former defense attorney was 'effectively screened' from a related matter," wrote the Virginia Court of Appeals in the case before it.
4 minute read
September 30, 2022 | Daily Report Online

'Must Be Reversed': Ga. Supreme Court Ruling Nixes Attorney's Standing To Remain on Nov. 8 Ballot

"Code section 21-2-6 allows the challenge here because 'qualifications,' as that term is used in the statute, includes all of the prerequisites for seeking and holding office," read the high court's decision. "The substitute candidate did not properly qualify to seek office, so the Board lacked authority to put him on the ballot."
6 minute read
September 30, 2022 | Connecticut Law Tribune

Some Attorney Billing Records From Public-Sector Investigation May Be Exempt From FIOA Disclosures, Invasion of Privacy Still Needs to Be Determined

"I'm certainly glad that the court recognized that invoices written by a lawyer whose engaged to do an investigation were subject to the privilege," said the plaintiff's attorney, Michael Harrington, partner of FordHarrison in Hartford. "In the public sector, you have this additional concern about making the situation worse because it is publicized later. In this particular case, a lot of folks expressed to the lawyer who did the investigation ... employees were definitely expressing hesitancy about speaking out because the investigation concerned investigating the mayor. I think the court was right to recognize that."
6 minute read
September 30, 2022 | Connecticut Law Tribune

Federal Judge Sides With Employer in Denying FMLA Leave for 'Conflicting, Confusing' Answers

"Given that Defendant told Plaintiff her certification was inadequate and gave her a chance to cure the deficiency, and given that Plaintiff opted to resign instead of curing the deficiency, Defendant's denial of Plaintiff's request for leave was not a violation of her rights under the FMLA," the judge wrote.
3 minute read
September 30, 2022 | National Law Journal

White-Collar Felon Notches Early Win in Bid to Possess Guns

The case involved a man convicted of conspiracy to commit securities.
3 minute read
September 30, 2022 | The Legal Intelligencer

Defendants' $3.8M Error Attributed to Itemized Verdict Slip, Pennsylvania High Court Rules

The Pennsylvania Supreme Court ruled the defendants waived their right to a new trial under the general verdict rule because they did not ask the jury to identify how much of the verdict was awarded based on the specific pain-and-suffering damages the defense sought to challenge.
4 minute read
September 30, 2022 | Daily Business Review

11th Circuit Rescinds Prior Restriction on Excess Judgments for Bad Faith Claims

In a recent string of opinions, the U.S. Court of Appeals for the Eleventh Circuit has corrected and clarified the requirements for a bad faith claim under Florida law, concluding in a decision in favor of policyholders that establishes that a consensual settlement and acceptance of a proposal for settlement qualify as "excess judgments," satisfying the causation requirement for bad faith claims.
5 minute read
September 30, 2022 | National Law Journal

The Marble Palace Blog: Stalled for Years, Warren Burger's Biography Is Back on Track

Chief Justice Warren Burger died in 1995, but efforts to write the biography of his life and legacy have taken time.
5 minute read

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