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February 10, 2004 |

Stewart's Lawyer Cross-Examines Star Witness

The attorney for Martha Stewart tried to move broker's assistant Douglas Faneuil over to the defensive Monday, asking the government's key witness why he never raised the issue of insider trading with Stewart. Robert Morvillo tried to show Faneuil was trying to have it both ways: claiming he did nothing wrong himself, but that any illegal actions he committed were at the behest of his boss, Peter Bacanovic.
5 minute read
October 13, 2003 |

Federal Rule 703

Although Daubert, Joiner and Kumho spotlighted Rule 702, the Daubert court noted that other federal rule provisions can come into play. The court specifically mentioned Rule 703. Since Rule 703 is also a statute, the proponent's compliance with Rule 703 is just as essential as satisfaction of Rule 702. Moreover, Rule 703 is beset by at least as many troublesome splits of authority as Rule 702.
8 minute read
October 12, 2009 |

'Whocanisue.com' Aggressively Seeks Plaintiffs

Have you been bitten by a vicious dog, been the victim of a surgical mishap or of a sexual assault on a cruise ship? There's a lawyer waiting for your call. Florida-based whocanisue.com, a Web site that matches visitors with lawyers, has scores of billboards and bus-shelter signs showing a lawyer slipping on a banana peel. But there's controversy over this quick way to sue. The site has drawn the ire of many in the legal community, including the vice chairman of a Florida Bar advertising-ethics committee.
4 minute read
September 29, 2009 |

$24 Million Deal in Chrysler Wrongful Death Case

A bankruptcy court judge on Thursday approved a $24 million settlement by Chrysler in the death of a man who was run over by a Dodge pickup truck in 2004. The plaintiff lawyers said Friday that their demand that Chrysler post an appeal bond after they won a $55.2 million verdict proved to be key once the automaker filed for bankruptcy in April.
2 minute read
April 03, 2012 |

Foreclosure gut expected to knock 10% off home prices

Sales of repossessed properties probably will rise 25 percent this year from 1 million in 2011, experts predict, meaning prices for the homes could drop as much as 10 percent because they deteriorated as they were held in reserve.
7 minute read
January 11, 2002 |

Suit Seeking Interest On Benefits Revived

A n action to recover interest on late disability payments is considered "appropriate equitable relief" under the Employee Retirement Income Security Act of 1974, the U.S. Court of Appeals for the Second Circuit has ruled.
4 minute read
November 04, 2009 |

Florida Professor Sues 'Above the Law' Blog for Defamation

It's the kind of story that tends to get big play on the legal blog "Above the Law": a prominent University of Miami School of Law professor and civil rights advocate arrested on suspicion of soliciting an undercover officer for sex.
4 minute read
April 29, 2013 |

Can a Franchisor Have Employer Liability for Franchisee's Torts?

The hallmark of a franchise relationship is that the franchisor allows independent businesspeople to share in the good will represented by the trademarks in the distribution of goods or services.
5 minute read
October 24, 2003 |

Bank Negligent for Allowing Destruction of E-Mail Evidence

UBS Warburg's defense against a multimillion-dollar gender discrimination lawsuit was grossly negligent in allowing electronic evidence to be destroyed, but that evidence will not be construed against it, Southern District Judge Shira Scheindlin ruled Wednesday. The decision follows Scheindlin's attention-grabbing July ruling in which she applied a modified formula for evaluating cost-shifting in electronic discovery cases.
4 minute read

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