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October 31, 2023 | Law.com
"Our review of R.C. 4165.03 supports this conclusion. In construing statutory terms, courts read statutes as a whole and do not dissociated words and phrases from their context. ... Looking at the language of R.C. 4165.03 as a whole, we are persuaded that 'prevailing' in the context of the DTPA means that the party obtained judgment in its favor, regardless of whether the party obtained a remedy in furtherance of that judgment," Judge Jennifer Kinsley wrote.
By Riley Brennan
6 minute read
October 30, 2023 | Law.com
"The proceeds of such lawsuits are akin to trust funds held for the statutory beneficiaries. Nothing in the will and trust statutes prohibits the transfer of expected proceeds into a trust," said Justice Yvonne Kauger. "Prohibiting such a transfer would be counterintuitive to the nature of an estate trust, and our prior treatment of wrongful death proceeds."
By Riley Brennan
5 minute read
October 30, 2023 | Law.com
"Although certain [Northern Arapaho Business Council] members expressed dissatisfaction with the format of [Baldwin, Crocker & Rudd's] bills, none of these witnesses offered any evidence [the firm] was paid for work it did not perform," the court said.
By Riley Brennan
6 minute read
October 30, 2023 | Law.com
While an intermediate appeals court found the defendant's offer to live with her son "forever" if he killed his father didn't constitute a "thing of value" within the meaning of the state law, RCW 9A.28.030(1), the state Supreme Court disagreed, reinstating her conviction for criminal solicitation.
By Riley Brennan
5 minute read
October 27, 2023 | The Legal Intelligencer
"As related to ERISA, the law has favored insurers for a long time, and this Order helps to swing back the pendulum towards plaintiffs," said Lewis' attorney, Zachary Lipschutz of Martin Law.
By Riley Brennan
4 minute read
October 27, 2023 | Law.com
"So, under your reading, there is no protection at all under the Ohio health privacy law for someone, once they die, for their health information?" Justice Pat DeWine asked plaintiffs counsel.
By Riley Brennan
9 minute read
October 27, 2023 | The Legal Intelligencer
According to Norton, the question would focus on how close the pair were, which would lead trials to "devolve into contests as to the quality of the relationships," and would raise more problems for court when trying to craft a jury question.
By Riley Brennan
5 minute read
October 25, 2023 | Law.com
"We are aware that a number of cases, arising in a variety of different settings, have concluded that overtime can be an essential function of a job," said the court. "However, the fact that overtime has been found to be an essential function in certain settings does not compel the conclusion that it is an essential function in the circumstances of the present case."
By Riley Brennan
6 minute read
October 25, 2023 | The Legal Intelligencer
"The Maryland procedural requirements at issue are neither elements of a malpractice claim nor rules defining a negligence cause of action, but instead are pre-pleading 'barrier[s] to entry meant to weed out malpractice claims,'" said the court.
By Riley Brennan
6 minute read
October 24, 2023 | The Legal Intelligencer
"Where the defendant has acted in a merely negligent manner, or even a grossly negligent manner, the defendant is insufficiently culpable or aware of the risks of his conduct to deter similar behavior," Judge Megan Sullivan said before determining that the trial court had erred.
By Riley Brennan
4 minute read
Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession.
Daily Business Review honors attorneys and judges who have made a remarkable difference in the legal profession in Florida.
Consulting magazine is proud to recognize this unique group of movers and shakers at our annual Rising Stars of Profession awards.
Seeking Estate Administration Attorney for busy boutique office. Huge upside potential and growth opportunity.NYS Bar Admission and relevan...
COLE SCHOTZ P.C.TRUSTS & ESTATES ADMINISTRATION PARALEGAL - NEW JERSEY, NEW YORK OR FLORIDA OFFICE:Prominent NJ based law firm with mult...
Wall Street law firm with diverse business practice seeks transactional attorney with at least 4 years of experience. Must have solid experi...
Professional Announcement
Frederick D. Miceli has joined the firm as Of Counsel
Professional Announcement
