This post was updated on March 31, 2022 According to the old adage, you get what you pay for. Essentially, something that’s free is of little value, and things that cost more are higher in quality. And while that’s generally true, there are always exceptions. There are instances where you can get the same quality product for less money than it would cost if you were to go to an attorney....
Espinosa-Cortez v. US Attorney General, No. 08-4170, concerned a Colombian national’s petition for review a BIA’s affirmance of the IJ’s denial of his application for asylum and related relief, on the ground that he had not shown that he would be persecuted on account of actual or imputed political beliefs if he were removed to Colombia. In granting the petition, the court held that the BIA’s conclusion that the Fuerzas Armadas Revolucionarias de Colombia’s (FARC) threats were not centrally motivated by a political opinion the guerrillas imputed to petitioner is not supported by substantial evidence in the record....
Michael Jackson’s ex-wife Debbie Rowe won a defamation suit filed against a woman who allegedly gave false reports about her to the media after the singer’s death. A judge granted Rowe a $27,000 judgment which includes damages for the emotional distress that she says she suffered after the interview aired on the “Extra” television show. As reported by the AP, the lawsuit claimed that Rebbeca White shared e-mails, purportedly authored by Rowe, with Extra TV, stating that Rowe did not want custody of the King of Pop’s children and was only interested in financial gain....
In a Federal Tort Claims Act action against the U.S. based on injuries suffered by plaintiff at a military facility, dismissal of the action as untimely is reversed where the district court did not address whether plaintiff acted in good faith in failing to serve the complaint in a timely fashion. Read Lemoge v. US, No. 08-56210 Appellate Information Argued and Submitted November 4, 2009 Filed December 7, 2009 Judges...
Action Under Commercial Liability Policy In Lexicon, Inc. v. ACE Am. Ins. Co., No. 10-1100, an action claiming that defendant-insurers were obligated under commercial general liability policies to cover certain property damage, the court affirmed in part summary judgment for defendants where the district court correctly held the insurers were not obligated to reimburse plaintiff for its reconstruction of its collapsed silo. However, the court reversed in part where it was foreseeable that faulty subcontractor work would damage the silo, but not foreseeable that faulty subcontractor work would cause millions of dollars in collateral damage....
For many disabled students in the state of Oregon, the schools are failing. Rather than providing the “meaningful” education that is required by law, schools are sending students home early if they are not equipped to properly serve those students. In addition to sending disabled students home, many are often taught in segregated settings and not given opportunities to learn in the standard classroom learning environment amongst peers. And while it might seem like individualized or specialized classroom settings would be beneficial, research shows that disabled students also need to be part of the standard classroom as well....
In plaintiffs-school districts’ suit seeking a declaratory judgment that they need not comply with the No Child Left Behind Act’s (NCLB) requirements where doing so would result in increased costs of compliance not covered by federal funds, district court’s dismissal of the complaint for failure to state a claim upon which relief can be granted is affirmed as the circuit court split evenly 8-8 on whether to affirm or reverse the ruling below, which had found that plaintiffs must comply with the NCLB’s requirements regardless of any federal-funding shortfall....
The Supreme Court granted seven new petitions for certiorari on Friday, bringing the total number of granted petitions for the 2012 term to 39. Which issues made the latest cut? Topics ranged from patent implications of self-replicating seeds, to the Takings Clause. The seven new grants are: Bowman v. Monsanto Co. – Examining whether the Federal Circuit erred by refusing to find patent exhaustion in patented seeds even after an authorized sale, and by creating an exception to the doctrine of patent exhaustion for self-replicating technologies....
One of the big selling points for self-driving cars was safety. If you had computers making quick decisions rather than drowsy, distracted, or drunk drivers, you’d expect there to be fewer accidents. But that hasn’t always been the case. When you hear about human “drivers” watching Hulu behind the wheel while an autonomous vehicle hits and kills a pedestrian, you start to wonder who’s driving “self-driving” cars, and whether self-driving really means safe driving....
We love a good conspiracy theory. Unfortunately, it’s easy to develop a conspiracy theory, but it’s difficult to prove a civil conspiracy. Today, we’re looking at a Sixth Circuit Court of Appeals case evaluating an appellant’s civil conspiracy claim. First, let’s start with the facts. Two Secret Service agents staked out Kia Maxwell’s Michigan home to execute an arrest warrant for her boyfriend. After detaining the boyfriend, five additional agents entered Maxwell’s home and conducted a warrantless, protective search....
Before we saw Team America: World Police for the first time, a friend explained that the film’s creators, Trey Parker and Matt Stone, (better known as the South Park masterminds), had to cut a puppet sex scene from the theatrical release version of the film to avoid an NC-17 rating. We wondered how puppets could make the Motion Picture Association of America so uncomfortable. Then we saw the movie, and understood....
Young v. Verizon’s Bell Atlantic Cash Balance Plan, 09-3872, involved a plaintiff’s class action suit under ERISA section 502(a) and U.S.C. section 1132(a) against Verizon and its Cash Balance Plan, claiming that defendant made two errors in calculating her opening cash balance, and hence her ultimate pension benefit under the plan. In affirming the district court’s grant of defendant’s equitable reformation of its plan to correct a scrivener’s error, the court held that, although ERISA’s rules for written plans are strictly enforced, they are not so strict as to prevent equitable reformation of a plan that is shown, by clear and convincing evidence, to contain a scrivener’s error that is inconsistent with participants’ expected benefits....
Too many Americans are needlessly throwing money away when they file their income tax return. That’s one of the conclusions to be drawn from a May 4 settlement agreement between all 50 states and TurboTax owner Intuit. That agreement, announced by New York Attorney General Letitia James, requires Intuit to pay $141 million in restitution to millions of Americans who were unfairly charged for services that should have been free. Taxpayers affected by this will automatically receive a refund....
Business owners from small to large all know that employees want their paychecks on time. Missing payroll, for any reason, is liable to send your workers right out your door and directly to the competition, or worse, to employment lawyers. Simply put, missing payroll can become a very costly legal problem as it is likely a violation of several labor codes, as well as tax codes that could land your business, and maybe even you as owner personally, in even worse financial trouble than what led to missing payroll in the first place....
Today, Tuesday April 9, 2019 is Be Kind to Lawyers Day. Regardless of whether or how you choose to celebrate “Be Kind to Lawyers Day,” the fact that it is a holiday, of sorts, means that you could try and be nice to lawyers for one day each year, at least. So, maybe there aren’t any laws requiring people to be nice to lawyers, even on the questionably official “Be Kind to Lawyers Day,” but that doesn’t mean you shouldn’t celebrate the day....
Saul Martinez filed a false application for asylum and withholding of removal based on his alleged political opinion. Four years later, he admitted that he lied on the first application, and submitted a new application based on his sexual orientation. Is it surprising that the immigration judge decided that Martinez lacked credibility? No? The IJ denied the second application and the Board of Immigration Appeals affirmed. The Ninth Circuit Court of Appeals kicked the matter back to the BIA in 2003, finding the Board “failed to explain a legitimate and cogent basis for the adverse credibility finding....
While it is no secret that United States Supreme Court confirmation hearings can be hotly contested and highly partisan, nominee Brett Kavanaugh might be facing a particularly contentious one. Interestingly, democrats in the Senate have pushed to obtain records of Kavanaugh’s work as a government official, but have been denied. However, recent headlines indicate that the Senate has utilized FOIA requests to obtain those records, which is an unprecedented move and a move that might delay things for Kavanaugh....
Here at FindLaw, we understand the pressures of being a legal professional - most of us are recovering lawyers - so we want to help by tossing you that preferred life preserver of the legal profession, the short list. The equitable remedies provision of ERISA Section 502(a)(3) has been a “hot topic” for years with the Supreme Court, according to BNA; every few years, the Court considers another case interpreting this provision in the context of plans’ ability to seek reimbursement from plan participants who receive personal injury settlements....
The Supreme Court’s summer recess ends next Monday, as the justices return to review the petitions for certiorari that have accumulated over the summer. And while that “long conference,” as it’s known, may add a few new interesting cases to the Court’s docket, the Supreme Court already has quite the term in store for it: cases covering everything from the legality of ATM fees to the separation of church and state....
It’s one of the three branches of government, but also one of the least understood. Except for a few weeks in June, when the Court releases its most important decisions, and when it comes time to appoint a new justice, the Supreme Court largely flies under the public’s radar. (Way under. A surprising percentage of the American public think Judge Judy is on the Supreme Court.) If you pay attention, though, you know the Court is a fascinating place – and not just because it has the final say on the law....
