Recent Posts

RSS Subscribe: 20 results | 100 results

27 May 9:09 am
In another example of a family taking civil recourse for the alleged wrongful death of a loved one at a nursing home, the husband of Catherine Hudson filed a lawsuit in circuit court against Symphony of Crestwood, which is a nursing home in Crestwood, Illinois. She was originally admitted to the nursing home after being diagnosed with multiple sclerosis since the disease left her in need of daily assistance along with a plan of care. Sadly, Ms. Hudson was only in her late 50s when she passed away. The lawsuit claims that she died as a result of negligence. The victim suffered from… [read post]
27 May 9:07 am
By Susan C. OdessAfter growing up in the insurance industry as the daughter of one of Florida's premier policyholder advocates, my exposure to insurance practices began at a remarkably young age. As a dually licensed public adjuster and attorney, I focus on insurance matters for our firm's community association clients as well as property and business owners. Through my unique upbringing in conjunction with my years of practice, I have learned that virtually all insureds would amass a great benefit by working with a loss consultant and experienced legal counsel when handling an… [read post]
27 May 9:00 am
This blog's first ever (and, if unsuccessful, perhaps last ever) survey of federal appellate judges: Tomorrow and Friday in Washington, DC, the Committee on Rules of Practice and Procedure -- which sits atop the public proceedings in the federal rule amendment process -- will be meeting. Among the issues scheduled to be considered and acted on is the proposal to shorten the word limits for federal appellate briefs. You can view the agenda book for the meeting via this link, and the agenda book's discussion of this particular amendment begins here. To summarize, currently the Federal… [read post]
27 May 8:49 am
Sonn|Erez is investigating claims regarding Jonathan A. Francis (CRD #5204602, Brooklyn, New York). Francis recently submitted an AWC in which he was barred from association with any FINRA member in any capacity. See FINRA Case #2013038988301. Francis formerly was associated with J.P. Turner & Co. (October 2013-November 2013), J.P. Morgan Securities, LLC (October 2012-October 2013), and Chase Investment Services Corp. (April 2010-October 2012). FINRA found that Francis issued unauthorized ATM cards for the accounts of bank customers, some of whom were dead, as part of a scheme… [read post]
27 May 8:39 am
In the WSJ, John Hardin of the Charles Koch foundation writes about American Bridge’s attempts to FOIA emails. College should be a place where students encounter a diversity of ideas—just ask many of the more than 1.8 million students who … Continue reading → [read post]
27 May 8:35 am
Phoenix is unique when compared to many other large American cities because it is relatively new and therefore has a more modern design. From its wide streets to its buildings with ample parking, many areas in the Valley of the Sun were planned with a large population in mind and therefore drivers who choose to navigate the area by car can move with relative ease. Despite these designs and the ability to travel by car to almost all places, car accidents continue to happen in Phoenix every day and many of them result in injuries ranging from the minor to the critical. Some collisions… [read post]
27 May 8:33 am
Treasury Secretary Jacob J. Lew, en route to a G-7 meeting in Germany, cited “broad uncertainties for Europe and the global economy.” [read post]
27 May 8:32 am
He earned himself an ethics complaint for making insensitive remarks like this. [read post]
27 May 8:30 am
We find little more clarity on pending Texas criminal justice legislation this morning after the last few days of deadlines. Here are a few, initial highlights:Innocence commission headed to governorRuth McClendon's innocence commission legislation passed the senate, will concur easily in the House, and will soon be headed to the governor. The commission's work will play out over the next 18 months.Race is on to define scope of Texas' junk science writ Grits has lots more to say about the passage of HB 3724 by Herrero/Whitmire but suffice it to say for now this legislation codifying… [read post]
27 May 8:30 am
When Chrystal Run Village sued Debra N. to recover for damages in excess of the lady’s security deposit, the Middletown City Court threw out the landlord’s case. Since Debra’s personal guaranty was clearly limited to the annual rent, and nothing in the agreement made the woman responsible for “additional rent,” or for any damage to the apartment above and beyond the security deposit, the Appellate Term, Second Department (citing to my text-- Landlord and Tenant Practice in New York) felt the claim was properly dismissed. That’s Chrystal… [read post]
27 May 8:27 am
"Because today, we've reached the point in our society where, if you do not support same-sex marriage, you are labeled a homophobe and a hater.... After they are done going after individuals, the next step is to argue that the teachings of mainstream Christianity, the catechism of the Catholic Church, is hate speech and there’s a real and present danger.”Said Marco Rubio. [read post]
27 May 8:27 am
Eric M. Adams, University of Alberta Faculty of Law, is publishing Canadian Constitutional Identities in volume 38 of the Dalhousie Law Journal. Here is the abstract. Constitutions are stories nations tell about themselves. Despite the famous declaration in the Constitution Act, 1867 that the “Provinces of Canada…Desire…a Constitution similar in Principle to that of the United Kingdom,” most of Canada’s constitutional history can be understood as the search for a distinctly Canadian constitutional identity. Canadians have always looked to their… [read post]
27 May 8:24 am
The SEC addresses criticism for its use of administrative proceedings as a means to secure more favorable rulings.  In response to the criticism, the agency recently published  forum-selection guidelines on its approach to forum selection in contested actions. As previously discussed on the Scarinci Hollenbeck Business Law Blog, the Dodd-Frank Wall Street Reform and Consumer Protection Act expands the SEC’s authority to bring enforcement actions via administrative proceedings and allows the agency to impose a range of civil penalties against any entity. The SEC’s… [read post]
27 May 8:22 am
"By Reason of Insanity: The first successful use of the insanity plea was a high-profile murder trial that riveted antebellum America." Alexis Coe has this essay online at Lapham's Quarterly. [read post]
27 May 8:22 am
The other day, a Volvo driver, showing off his “self driving” car to a bunch of journalists, drove straight into them not realizing the car’s auto-brake function only detects vehicles, not people. As a driver, passenger and occasional bystander myself (hopefully not at the same time), such “AI cars gone mad” stories are the least of my concerns, however.  Let’s start with Takata’s exploding airbags, already tied to at least 6 deaths and 64 injuries. (See some of our earlier coverage here.) The good news is that the company finally issued a… [read post]
27 May 8:21 am
The Montana Supreme Court has issued an Opinion in the following matter: CRIMINAL – HOMICIDE-ATTEMPTED DA 13-0175, 2015 MT 147, STATE OF MONTANA, Plaintiff and Appellee, v. JEREMY JOHN BRAULICK, Defendant and Appellant. [read post]
27 May 8:20 am
"It is to be vulnerable to the world when the world believes itself invulnerable, to understand its mutability when it thinks itself immutable, to sense what’s coming before others sense it, to know that the barbarian future is tearing down the gates of the present while others cling to the decadent, hollow past. If our children are fortunate, they will inherit only your ears, but, regrettably, as they are undeniably mine, they will probably think too much too soon and hear too much too early, including things that are not permitted to be thought or heard."From a Salman Rushdie… [read post]
27 May 8:19 am
Samuel Moyn (Harvard Univ. - Law and History) has posted Do Human Rights Increase Inequality? (Chronicle of Higher Education, May 26, 2015). His answer:Human rights, even perfectly realized human rights, are compatible with inequality, even radical inequality. [read post]
27 May 8:19 am
                                                                                            My name is Finnegan and I live in an HOA. … [read post]
27 May 8:18 am
The Montana Supreme Court has issued an Opinion in the following matter: CIVIL – COMMITMENT-MENTAL ILLNESS DA 14-0125, 2015 MT 146, IN THE MATTER OF: M.K.S., Respondent and Appellant. [read post]