Stories and case digests on notable rulings and key issues, and how to navigate frequent problems, "warning stories" about what not to do
By Linton Mann III and William T. Russell Jr. | January 16, 2024
In 'People v. Butler', the Court of Appeals recently decided an issue of first impression concerning the use of police dogs to detect the presence of illegal drugs on a suspect's body. In a unanimous opinion, it ruled that the use of a narcotics-detecting dog to sniff a suspect's body for evidence of a crime constitutes a search for purposes of the Fourth Amendment.
7 minute read
By Timothy D. Kenison | January 16, 2024
The Florida Supreme Court is revising the Florida Rules of Civil Procedure and adopting the "rocket docket" case management standards of our federal courts. Trial continuances will soon become procedural antiquities, granted only under the most exceptional and rare circumstances.
5 minute read
By Riley Brennan | January 12, 2024
U.S. District Judge Wendy Beetlestone of the Eastern District of Pennsylvania held that the issue of counsel paying for their client's living expenses didn't warrant disqualifying the attorney, concluding a potential ethical violation didn't require disqualification.
4 minute read
By The Law Journal Editorial Board | January 12, 2024
The result should not be surprising to attorneys. However, we suspect that it would unpleasantly surprise many owners of closely held corporations.
2 minute read
By Riley Brennan | January 12, 2024
"The Ninth Circuit's unanimous affirmance of the trial court's merits based decision—confirming the Foundation's ownership of the Pissarro painting that it lawfully acquired for public display in Madrid in 1993—is a welcome conclusion to this case," said Thaddeus Stauber and Aaron Brian of Nixon Peabody and Javier Martínez Bavière of the Law Offices of Pedro Aleman, lead counsel for the Thyssen-Bornemisza Collection Foundation.
7 minute read
By Lisa Willis | January 11, 2024
A governor's spokesman called the federal appeals court decision "an egregious encroachment on state sovereignty."
3 minute read
By Cliff Rieders | January 11, 2024
Two recent cases, Hangey v. Husqvarna Professional Products and Dinardo v. Kohler, are examples of "relativity" in the law, or perhaps just perspective.
7 minute read
By Riley Brennan | January 11, 2024
The court vacated a judgment in favor of Watchword Worldwide and against Erie Insurance Exchange, despite concluding that the policy phrase "resides in your computers," meant in regard to destroyed or corrupted electronic data at the center of the suit, was ambiguous.
6 minute read
By Samuel Butt and John Moore | January 11, 2024
This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Gary R. Brown dismissed a complaint against United States Bankruptcy Court Chief Judge Alan S. Trust and others based on judicial immunity. Magistrate Judge Vera M. Scanlon denied a motion for sanctions and adverse inferences. Magistrate Judge James M. Wicks granted a motion to disqualify counsel.
8 minute read
By Riley Brennan | January 10, 2024
Iowa Attorney General Bird called the rulings a landmark victory for Iowa farmers and property owners.
4 minute read
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Professional Announcement
Frederick D. Miceli has joined the firm as Of Counsel
Professional Announcement
