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August 1, 2022 | Law.com
"We conclude that this ruling requires we now hold Maryland's 'good and substantial reason' requirement unconstitutional. And were the similarities between this requirement and New York's now stricken proper cause requirement not self-evident enough, the Bruen Court expressly noted that Maryland was one of six states to 'have analogues to the 'proper cause' standards,' citing Md. Pub. Safety § 5-306(a)(6)(ii) and quoting its 'good and substantial reason' language," Chief Justice Gregory Wells wrote on behalf of the appellate panel.
By Mason Lawlor
4 minute read
July 26, 2022 | Daily Report Online
Brad Carver of Atlanta and Daryl R. Moody of Alpharetta were reportedly notified that, on July 15, complaints made against them by The 65 Project have been moved to a bar investigation.
By Mason Lawlor
3 minute read
July 22, 2022 | Daily Report Online
"[A]s noted by the State, the state court similarly failed to address whether either of those delays should be weighed against either party. And as also noted by the State, the state court neither identified the weight to be assigned to those delays nor made any factual findings in support thereof. Absent the required findings on these issues, we must vacate the state court's order and remand the case for the state court to complete the necessary analysis," Appellate Judge Herbert E. Phipps wrote in the opinion.
By Mason Lawlor
6 minute read
July 20, 2022 | Law.com
"It's a sad state we're in for criminal trials when the only thing a prosecution needs to convict you is your own words," defense counsel said. "I think it'll have a chilling effect on other defendants."
By Mason Lawlor
4 minute read
July 19, 2022 | Law.com
"Plaintiffs have not offered any argumentation as to why Defendants are not entitled to qualified immunity," Judge Eric L. Clay wrote on behalf of the panel. "Nor do they direct the Court to any caselaw indicating that Defendants' various orders violated a clearly established constitutional right. And for good reason: there is no clearly established precedent that pandemic-era regulations limiting the use of individuals' commercial properties can constitute a Fifth Amendment taking. In fact, the overwhelming majority of caselaw indicates that such regulations are not takings."
By Mason Lawlor
5 minute read
July 18, 2022 | Law.com
"Without more, this activity cannot be deemed 'outrageous' in the legal sense. Rather, it is free expression,"' the appeals court wrote.
By Mason Lawlor
3 minute read
July 15, 2022 | Daily Report Online
"It's our position that when a student reports that she has suffered sexual harassment, that it's clearly unreasonable to punish the student for engaging in sexual conduct," counsel for the student argued Thursday.
By Mason Lawlor
4 minute read
July 14, 2022 | Law.com
The appeals court found that, because the new lawsuit sounds in tort, it is not a compulsory counterclaim barred by the doctrine of res judicata.
By Mason Lawlor
4 minute read
July 14, 2022 | Law.com
The Nevada Court of Appeals has affirmed a decision by the state's Eighth Judicial District Court to deny a motion to amend a wrongful death complaint filed by children whose parents died in an arson attempt at a casino.
By Mason Lawlor
3 minute read
July 13, 2022 | Daily Report Online
Attorney Glen Ray Fagan has been disbarred from the practice of law by the Georgia Supreme Court for filing fake complaints on behalf of two employees at U.S. Xpress (USX) in Tennessee, where he served as associate general counsel from 2015 to 2019.
By Mason Lawlor
4 minute read
Celebrate outstanding achievement in law firms, chambers, in-house legal departments and alternative business structures.
The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.
Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.
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MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS