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2-Month Hiatus for ‘Socially Inept’ Judge re Conduct ‘Akin to Stalking’
Tuesday, July 20th, 2010The Vampire Weekend Suit: Much Ado About an Old Photo
Tuesday, July 20th, 2010If Kagan Is Confirmed, Harvard & Yale Law Grads on Top Court Will Hit All-Time High
Tuesday, July 20th, 2010Round Two of BP Litigation: The Clean-Up Suits Begin
Tuesday, July 20th, 2010$2.12 Million Wrongful Death Accident Settlement
Tuesday, July 20th, 2010Source: SettlementBoard.com “North Carolina Lawyers Weekly” reported in the January 14, 2002 issue, “On July 16, 1998, Dianne Myers was operating her 1995 Chrysler automobile in an easterly direction on Highway 160 in Lancaster County, South Carolina. With the green light in her direction of travel, she entered the intersection with Highway 521. After she had slowly [...] Read the rest of the...
Georgia Bucks Trend, Softens Sex Offender Law
Tuesday, July 20th, 2010Underinsured Motorist Coverage In New Jersey
Tuesday, July 20th, 2010Source: Lawyers.com Blog
At Tobin, Reitman, Greenstein, Caruso, Wiener & Konray as New Jersey car accident lawyers we find that often people are not informed about underinsured motorist coverage. In our next two posts we will explain what happens when you are in a New Jersey car accident caused by uninsured motorists and to what degree insurance coverage can help.
What is underinsured/uninsured motorist coverage, and do I need it?
Auto insurance is mandatory in New Jersey, but the type and cost of that coverage may vary significantly. When you select an auto insurance policy, your insurance agent usually asks you if you want underinsured/uninsured motorist coverage, unless it is automatically included in the policy—which it usually is when you buy a standard policy. But if you buy a basic insurance policy, this insurance is likely not included unless you pay extra for it.
You may not be clear on what underinsured/uninsured motorist coverage is or how it benefits you. Or you may be questioning the objectivity of the agent who advises you to get this add-on, since they get more money if you purchase it. But if you were to ask just about any experienced New...
Why Do You Need an Attorney for Real Estate Transactions?
Tuesday, July 20th, 2010Source: SettlementBoard.com Real estate transactions can be tricky—and expensive. You may be tempted to save money by managing the transaction yourself, but a Plano real estate attorney can protect interests you did not even know you had. Real estate attorneys in Plano can protect you A real estate lawyer in Plano can help you get clear title [...] Read the rest of the...
Know Your Rights if Arrested
Tuesday, July 20th, 2010Source: SettlementBoard.com With years of experience in state and federal court, The Sacramento criminal defense law firm of Justin Ward offers skilled defense on misdemeanor and felony charges. Contact us today for a free, initial consultation. Read the rest of the...
Study Reveals Illegal Racial Discrimination in Jury Selection
Tuesday, July 20th, 2010Source: Marquette University Law School Faculty Blog
Last month, the Equal Justice Initiative (EJI) released a study, “Illegal Racial Discrimination in Jury Selection: A Continuing Legacy,” which revealed a prevalence of racial bias in jury selection in the South. The report stands as the most comprehensive study of racial discrimination in jury selection since 1986, when the US Supreme Court sought to limit the practice in the landmark case Batson v. Kentucky.
Racial discrimination in jury selection first became illegal when Congress passed the Civil Rights Act of 1875. Despite federal legislation, people of color continue to be excluded from jury service because of their race, especially in serious criminal trials and death penalty cases.
Evidence suggests the phenomenon persists through the use of peremptory challenges. A peremptory challenge essentially provides attorneys the ability to exclude a certain number of potential jurors without explanation of their removal.
Defense attorneys can challenge a prosecutor’s peremptory challenge, but according to the study, the likelihood that the defense will prevail is slim. Under the Batson test, a defendant may object to a peremptory challenge by presenting a prima facie case of racial discrimination. Once the defendant has met this burden, the prosecutor must then...
China Supply Agreements. Why The "Perfect" OEM Agreement Should Cost Less.
Tuesday, July 20th, 2010Source: China Law Blog
My firm virtually always uses flat fee billing for China OEM supply agreements. We have done so many of these that we pretty much know the range of time one of these will take, even allowing for the required customization and the normal back and forth negotiating that will go on between our client and the Chinese supplier. Our time estimates are nearly always dead on, except for those clients who want the "perfect" OEM agreement.
Those take us less time.
Let me explain.
I am always saying it is easy to write the "perfect" contract and it is. The perfect contract does everything possible to protect your client. At least in theory.
By way of example, the "perfect" OEM agreement would contain something along the lines of the following:
- The Chinese supplier cannot raise its prices during the three year term, but the Western buyer has no minimum purchase requirement.
- Deliveries more than 10 days late, for any reason, result in a $100,000 cost reduction penalty.
- Buyer does not pay for 30 days after goods have arrived, been inspected, and been approved. No time limits imposed on buyer to do the inspection. Buyer pays nothing for non-conforming goods and need not...
Recent Hospitality Employment Lawsuits.
Tuesday, July 20th, 2010Miner Act 2010?
Tuesday, July 20th, 2010Decision Against Novartis Has Implications Beyond Pharmaceutical Industry.
Tuesday, July 20th, 2010“Past Formalities” and “Present Realities”: Why Wendy Isn’t a Parent at All
Tuesday, July 20th, 2010Source: Marquette University Law School Faculty Blog
On June 24th, the Wisconsin Court of Appeals ruled against a woman seeking legal recognition of her parental rights for the two children she adopted with her ex-partner. The two women adopted their children in 2002 and 2004 from Guatemala. The woman appealing, known in the record as Wendy, stayed at home with the children, while her partner, recorded as Liz, worked as an attorney. Liz was the legal adoptive parent so that the children could be on her healthcare plan. When the couple split up, the two women agreed to an informal custodial arrangement, but Wendy has no legal rights over or to her children. When Liz stopped allowing Wendy to see the children, Wendy lacked any legal recourse.
Wisconsin law does not permit same-sex couples adoptive rights; only one parent is the “legal parent.” The court justified its decision on the basis that Wisconsin law defines a “parent” as only the biological or adoptive parent. Wendy is neither of these and thus, at least under the law, not a parent at all.
This leads to questions that are more cultural than legal (though still legal, yes). How do we define parent?...
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