10 July 2010 | Legal Industry News

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More Contention on the Wisconsin Supreme Court

Saturday, July 10th, 2010
Source: Marquette University Law School Faculty Blog

Last Thursday, the Wisconsin Supreme Court finally issued opinions on recusal rules that it adopted earlier in the term and which essentially say that a duty to recuse cannot be be based solely on the receipt of a lawful campaign contribution or a lawful independent expenditure made on a judge’s behalf. The Court also amended a preexisting rule to permit a judicial candidate’s campaign committee from soliciting funds from persons involved in proceedings in which the candidate, if elected or reelected, is likely to participate.

The majority opinion and dissent continue to reflect the sharp and bitted divisons on the Court. I wish that would get better.

I have an article on judicial recusal coming out in the Wake Forest Law Review, so it’s a subject that I have been thinking about. I have the following quick observations on the Court’s decision.

First, I think that the rules on the impact of contributions and expenditures are clearly correct – as far as they go. To say that a legal contribution or expenditure cannot be the sole cause of a duty to recuse seems unexceptional to me and is perfectly consistent with the Supreme Court’s decision in Caperton (in which...

New York worker comp lawyer, Michael G. Wagner of Klein Wagner & Morris

Saturday, July 10th, 2010
Source: Profiles In Law Michael G. Wagner began his law firm after his successful employment with the Appellate Division of the State of New York in 1976. Area of Focus: litigation of disability administrative level retirement and other Social Security federal court retirement and other Social Security Although he is a NY workers comp lawyer has a vast knowledge [...] Read the rest of the...

Jackson Personal Injury Lawyer – David G. Gaylon

Saturday, July 10th, 2010
Source: Profiles In Law David Galyon, Jackson personal injury lawyer, is the managing partner of Richard Schwartz & Associates, P.A. He has litigated matters involving a broad array of substantive areas of practice, but with a special focus on personal injury litigation, before state and federal courts and various administrative agencies. Mr. Galyon has lectured and taught continuing legal [...] Read the rest of the...

Phoenix Bankruptcy Attorney – Robert H. Nagle

Saturday, July 10th, 2010
Source: Profiles In Law Phoenix bankruptcy lawyer Robert H. Nagle works at a law firm that focuses on personal bankruptcy and helps individuals decide if filing for Chapter 7 or Chapter 13 bankruptcy is the right choice. He helps individuals receive the highest quality legal advice and counsel that conforms to the highest ethical standards. Practice Areas: Personal Bankruptcy [...] Read the rest of the...

Novel Fee Fight Lands at Calif. Appeals Court

Saturday, July 10th, 2010
Source: Law.com - Newswire One side calls a case going before a California appeals court this week an "ordinary fee dispute," while the other insists it raises issues about contingency agreements and arbitration no court has ever addressed. At the very least, the case involves millions of dollars in attorney fees and a novel agreement based not on the client's recovery of damages, but on the estimated damages the client might suffer. Read the rest of the...

Judge Reduces Damages Award by 90 Percent in Boston Music Downloading Trial

Saturday, July 10th, 2010
Source: Law.com - Newswire Judge Nancy Gertner of the District of Massachusetts has cut the damages verdict against copyright infringer Joel Tenenbaum for illegally downloading and distributing songs by 90 percent, to $67,500. The judge slashed the jury's award from $22,500 for each of 30 songs Tenenbaum was found to have willfully infringed, to $2,250 per song. Gertner called the jury's award "wholly out of proportion with the government's legitimate interests in compensating the plaintiffs and deterring unlawful file-sharing." Read the rest of the...

Ky. Jury Favors Defense in Asbestos Case

Saturday, July 10th, 2010
Source: Law.com - Newswire Turning aside claims for millions of dollars in damages sought by a man who said he was sickened by asbestos brought home on the clothing of his father, a Louisville, Ky., jury voted 9-3 for the defense after a six-day trial against Dow Chemical subsidiary Union Carbide, the only remaining defendant in a case that began with nearly 30 corporate co-defendants. Read the rest of the...