Originally published by Gerry W. Beyer.
Jesse Ventura has won his lawsuit against the estate of a Navy SEAL. Ventura says that the man wrote a book that included a false story that he punched out Ventura for making a negative comment about the Navy SEALs….
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Originally published by State Bar of Texas.
From Keith D. Lemons of Fort Worth, this excerpt from his deposition in an automobile accident case where the defendant – who allegedly had “been drinking and strongly smelled of brew, not Brut” – offered a rather odoriferous excuse.
Q. Had you done anything or been anywhere that would cause anyone to believe that you had been drinking?
A. No.
Q. Were you nervous enough at the time of the accident to act like you were drunk or do you think you were?
A. I don’t think I was acting drunk.
Q. Okay. Were you tumbling?
A. No.
Q. Okay. Did you smell like alcohol?
A. No. I smelled like cologne.
Q. What kind of cologne do you use?
A. Brut
Q. But you hadn’t dashed yourself that much to where it was, I don’t know how to say it, odoriferous?
A. It may have been intoxicating to someone else, the amount, but not to me it wasn’t.
Q. Okay. So if anybody smelled you that night, your opinion would be they smelled Brut?
A. Yes, sir.
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Originally published by Richard Smith.
The Court of Appeals has issued a lengthy opinion affirming the denial of a special appearance. The appeal arises out of an apparently contentious case involving claims and counterclaims for breach of contract, fraud, and defamation. Defendant Sebastian Lombardo — an Italian citizen who lives in Belgium and works in France — challenged personal jurisdiction by invoking the fiduciary shield doctrine, which protects officers of corporations from being personally haled into court in Texas due to their contacts as representatives of the corporation. Unfortunately for Lombardo, his argument in the trial court had presented that issue as a matter of general personal jurisdiction, and the trial court had found him to be subject to specific personal jurisdiction. Having failed to present the fiduciary shield doctrine as a bar to the exercise of specific personal jurisdiction, the issue was also waived on appeal. The opinion goes on to affirm the legal and factual sufficiency of the evidence supporting the trial court’s findings of jurisdictional facts, as well as its application of the law to those facts, and therefore affirmed denial of the special appearance.
Lombardo v. Bhattacharyya , No. 05-13-01583-CV
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Originally published by Gerry W. Beyer.
As I have previously discussed, a recent UBS Investor Watch report surveyed individuals about their estate planning strategies and feelings about inheritance. In addition to satisfaction with the decisions made by family members decreasing for those who are not informed…
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Originally published by Brian T. Smith.
Bill O’Brien was right about Arian Foster.
The injury Foster was dealing with wasn’t life threatening. It wasn’t even serious enough to keep the star running back off the practice field Wednesday.
Foster was in uniform and returned to action during the fifth day of training camp, after missing back-to-back sessions.
Andre Johnson didn’t participate Wednesday, missing his second consecutive session while recovering from a right hamstring injury.
O’Brien said during recent days the Texans were simply being cautious with Foster and Johnson, who will key the team’s offense this season.
Twitter: ChronBrianSmith
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Originally published by State Bar of Texas.
From John T. Ritter of Austin (Davis & Davis), this excerpt from a memorable deposition.
Q. Let me ask you this: Do you have any memory problems? Do you have problems recalling things, from time to time?
A. From time to time.
Q. Do you know why? Is it secondary to some medication you’re taking, or something like that?
A. I don’t know.
Q. Okay.
A. I don’t remember.
Q. Okay.
Mr. Marks: You don’t remember why you don’t remember?
The Witness: That’s right.
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Originally published by Barry Barnett.
The Fifth Circuit handed a large win today to oil and gas lessees in the Lone ...
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Originally published by Gerry W. Beyer.
On Monday, Judge Michael Levanas of Los Angeles Superior Court ruled that Rochelle Sterling had properly followed the directions of the family trust in removing Donald Sterling as co-trustee and that the sale of the team could be completed. “This…
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Originally published by Lowell Brown.
A free continuing legal education course Thursday in Houston will focus on the rights of unaccompanied children crossing the Texas border and the duties of federal, state, and local governments in handling the cases.
The Harris County Attorney’s Office is sponsoring the course for legal and law enforcement professionals.
Scheduled topics include:
The presentation will take place from 1-5 p.m. at Houston Community College, 5601 W. Loop South Freeway. Go to http://ift.tt/1zriYAn to complete the required online registration form.
Course sponsors include the Harris County District Attorney’s Office, Harris County Sheriff’s Office, Harris County Constable Precinct 1, Texas Department of Family and Protective Services, Houston Bar Association, Catholic Charities, Foster Quan LLP, Monty & Ramirez LLP, AILA Texas Chapter, Houston Community College, Univision 45 Houston, Hispanic Bar Association of Houston, Mexican American Bar Association of Houston, Houston Volunteer Lawyers, Texas Southern University Thurgood Marshall School of Law, University of Houston Law Center, South Texas College of Law, U.S. Reps. Sheila Jackson Lee and Al Green, and Texas Access to Justice Commission.
More information on training and pro bono opportunities for lawyers is available at http://ift.tt/WRZbMr .
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Originally published by Klemchuk Kubasta LLP RSS Feed.
Under section 102 of the Copyright Act, copyright protection extends to “original works of authorship.” Based on that definition, lawyers may believe that legal documents created while representing clients constitute protectable original works of authorship that cannot be copied or otherwise commercially exploited without their authorization. However, a recent federal court decision may call that belief into question.
In a Memorandum and Order issued July 3, 2014 in case 1:12-cv-01340-JSR (Document 84), Judge Rakoff of the Southern District of New York sided for Westlaw and LexisNexis (the “publishers”) against lawyers Edward White and Kenneth Elan (the “lawyers”) based on a finding that the publishers’ resale of legal briefs falls under the fair use defense to copyright infri…
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Originally published by State Bar of Texas.
From J. Mark Hansen of Dallas (Vial, Hamilton, etc.), this excerpt from “a deposition I took recently [which] comes under the heading “If at first you don’t succeed, try, try again.”
Q. Have I named all the places you’ve lived in your life as best as you can remember?
A. In this life, yes?
Q. What do you mean by that?
A. Well, my greatest fear is reincarnation. You think God’s going to up my deal?
Q. Do you think you’re an older soul or a young soul?
A. I think this is my first try.
Q. So there wouldn’t have been any other places you lived in your life before this, right?
A. I don’t think so.
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Originally published by Gerry W. Beyer.
The Uniform Voidable Transactions Act (UVTA) was adopted July 16, 2014 by the Uniform Law Commission, and amended the 1984 Uniform Fraudulent Transfer Act (UFTA). The UVTA added a Conflict of Laws section to the act to account for states…
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Originally published by Gerry W. Beyer.
A recent survey shows that more people are keeping up with updating their wills than keeping their children up to date with their estate planning decisions. The survey covered wealthy investors, and showed that while only 54% have had the…
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Originally published by Jerri Lynn Ward, J.D..
Information Letter 14-41 – Expansion of Medicaid Acute Care Services – Provision of Day Activity and Health Services and Primary Home Care for Individuals in Intellectual and Developmental Disabilities Waivers –
In accordance with the provisions of Senate Bill 7, 83rd Texas Legislature, Regular Session, 2013, many individuals receiving long term services and support (LTSS) through the Home and Community-based Services (HCS), Texas Home Living (TxHmL), Community Living Assistance and Support Services (CLASS), or Deaf Blind with Multiple Disabilities (DBMD) waiver programs will receive acute care services through a STAR+PLUS managed care organization beginning September 1, 2014.
Acute care services are typically provided in a primary care physician’s office, a specialty physician’s office, or a hospital or clinic emergency room as treatment for an isolated event or part of routine health maintenance. The service delivery model through which the individual is currently receiving HCS, TxHmL, CLASS, or DBMD LTSS will remain the same.
Individuals in these programs who are currently receiving Day Activity and Health Services or Primary Home Care services will continue to receive these services through the Department of Aging and Disability Services after September 1, 2014. Eligibility to receive state plan services at the same time an individual is enrolled in a waiver program will not change as part of this expansion. If you have a question about which services may be combined, please see http://ift.tt/1kfcfX1
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Originally published by Jim Dedman.
We here at Abnormal Use are somewhat embarrassed to admit that we were once fans of the television show, “Alf.” But, hey, we all have some mortifying secret from the 1980′s, right? Accordingly, we direct you to the cover of Alf #33, published way, way back in 1990. Note that the cover depicts a wanted poster for Alf who is, apparently, sought by the law for “illegal entropy” and, our favorite, “impersonating a USDA inspector.” We wonder who defended our favorite alien life form at his criminal trial, but perhaps we will never, ever know (not having read this issue or mustered the energy to seek it out 24 years later).
Alas, Alf. We’ve written a bit about the products liability implications of driverless cars, but what about the criminal law? Apparently, according to Techdirt, the FBI believes that driverless cars will aide criminal enterprises. We’re thinking, perhaps, that the FBI has forgotten about all of the driverless cars that have assisted law enforcement, like KITT from “Knight Rider.”
As a law firm with three offices in the Carolinas, we were surprised to learn that part of the latest X-Men comic book takes place in Charleston, South Carolina. Apparently, aliens attack the city. For more on that, see here.
Did you hear that Duran Duran has sued the company it hired to run its fan club? If we had filed that lawsuit, we would have concluded our complaint with the phrase “(Save A) Prayer For Relief.” But we’re music nerds.
Are you following Abnormal Use on the Facebook? If not, you can do so by clicking here!
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Originally published by Bob Kraft.
I have written before about a cool underground auto parking garage. Now here’s the same idea from Japan, but this time it’s automated parking for bicycles.
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Originally published by State Bar of Texas.
Cheryl S. Lay of El Paso (Leslie & Lay, P.C.) serves as an associate municipal court judge — and she recently had this motion presented to her to recall a warrant:
“DEFENDANT’S MOTION TO WITHDRAW A
WARRANT AND TO SET MATTER FOR HEARING”
…
2. Defendant is a teenage boy and therefore, as a matter of law, doesn’t have a lick of good sense. Despite the fact that his parents are licensed attorneys, Defendant felt it was the better course to not tell them about the citations. Therefore, upon information and belief, the dog ate the citations. …
Ray, Valdez, McChristian & Jeans
By Robin Collins, Attorney for Christopher C. Collins
Cheryl adds: “After wiping the tears from my eyes, I signed the order as Municipal Court Judge/Mother of a Teenage Son.”
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Originally published by Tony Coveny.
Of the 15 victims of E. coli food poisoning identified by the Minnesota Department of Health (MDH), most (12) ate at a local Applebee’s restaurant in Blaine, Duluth, Roseville, Woodbury, Willmar, Monticello, Bemidji, or New Hope (all cities in Minnesota) between June 23 and June 29 of this year. And there are two separate locations of Applebee’s implicated in Blaine, MN so far.
Investigators are working to trace the possible source of the E. coli poisoning beginning with the common food supplier servicing each of these Applebee’s locations. The MDH is interviewing victims and also asking anyone who has not yet come forward but who ate at one of these locations and thereafter became ill to call the Minnesota Foodborne Illness Hotline at 1-877-366-3455 to assist investigators in narrowing the possible source of the rare E. coli 0111 to a particular food item.
So far, the investigation is being headed by the MDH, but the Centers for Disease Control and Prevention (CDC) is also conducting a parallel investigation that includes two cases of E. coli 0111 outside of Minnesota. So far, there is no confirmation that these other two are genetic matches to the E. coli 011 cases in Minnesota. Should a genetic match be found, it is likely the CDC would become the primary agency in charge of the investigation.
Initial reports indicated that cabbage, carrots or other ingredients linked to Applebee’s Oriental Chicken Salad may have carried the E. coli 0111, and the restaurant owners pulled those items from the menu immediately upon suspecting it as the common source. No confirmation of that has yet been made.
E. Coli 0111 Relatively Rare in the United States: A Dozen Outbreaks on Record
There have been a dozen E. coli 0111 outbreaks on record, including this outbreak, in recent years, with the last major one being in 2008 when at least 340 individuals became sick after eating at a Country Cottage in Oklahoma. One person died in that outbreak.
According to one report, this particular genetic strain of E. coli O111 has not been recorded in the U.S., which should enable investigators to more readily identify victims linked to the particular source o f this outbreak.
For more information on this outbreak, feel free to call one of the E. coli lawyers at Ron Simon & Associates at 713-335-4900.
The post 15 Victims of a Rare Strain of E. Coli Linked to 6 Applebee’s Restaurants – Investigation Continues as Potential Out-of-State E. coli Victims Identified appeared first on Food Poisoning News.
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Originally published by Beth Graham.
Susan Landrum, Director of the Office of Academic Achievement at the Savannah Law School, has published Much Ado About Nothing?: What the Numbers Tell Us About How State Courts Apply the Unconscionability Doctrine to Arbitration Agreements , Marquette Law Review, Vol. 97, No. 3, 2014. In her article, Ms. Landrum examines how courts in 20 states applied the unconscionability doctrine to arbitration and other contracts over a 22-year time period.
Here is the abstract:
This Article evaluates how state courts have applied the unconscionability doctrine to contracts, including those involving arbitration agreements. Numerous scholars have been critical of state courts’ application of the unconscionability doctrine to arbitration agreements and have argued that, because state courts are often skeptical or even hostile to arbitration, at least some state courts have used the unconscionability doctrine more often to invalidate arbitration agreements than other types of contract provisions. These assumptions hold true for some individual states or limited time periods, but further research was necessary to determine if the assumptions are true more broadly. For purposes of this study, I analyzed the unconscionability case law, a total of 460 cases, from twenty states — Alaska, Arkansas, Colorado, Illinois, Maine, Maryland, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, Ohio, Oregon, Rhode Island, South Carolina, and Vermont — during the time period from 1980 to 2012. The results of my research demonstrate that there is significant variation in how courts apply the unconscionability doctrine. Moreover, this Article shows that, for many of these states, the assumptions that scholars have had regarding state courts’ hostility to arbitration agreements, and those courts’ willingness to use the unconscionability doctrine as a means of invalidating arbitration provisions, are not always supported by the case law. Instead of applying generalized assumptions, it is necessary to delve deeper into the case law of each individual state to understand that state’s use of the unconscionability doctrine in the context of arbitration agreements.
This and other scholarly papers authored by Ms. Landrum are available free of charge from the Social Science Research Network.
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Originally published by Gerry W. Beyer.
A married couple did not have an extravagant estate that they would leave behind. They would be under the exclusion amount, but they were not cash strapped either. They had a million dollars in IRA savings and used the $43,000…
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Originally published by Jerri Lynn Ward, J.D..
DADS has issued Information Letter 14-40 / Provider Letter 14-15 regarding the Expansion of Medicaid Managed Care Acute Care Services – Request for Medical Service Planning Documents for Individuals Residing in an Intermediate Care Facility for Individuals with an Intellectual Disability or Related Conditions.
In accordance with the provisions of Senate Bill 7, 83rd Texas Legislature, Regular Session, 2013, an eligible individual residing in an Intermediate Care Facility for Individuals with an Intellectual Disability or Related Conditions (ICF/IID) will receive acute care services through a STAR+PLUS managed care organization (MCO) beginning September 1, 2014.
The MCOs will provide service coordination activities for acute care services only for these individuals. An MCO service coordinator (SC) will be assigned for each individual. In order to provide the most benefit, the MCO SC requires the medical service planning documents to effectively coordinate the individual’s health care needs. Although the ICF/IID provider will continue to develop and implement a service plan and monitor service delivery of the long-term services and supports, the ICF/IID provider will coordinate service delivery with the MCO SC in the provision of acute care services.
As part of this implementation, the Health and Human Services Commission and the Department of Aging and Disability Services (DADS) will need to ensure that the MCOs receive a copy of the most current comprehensive nursing assessment for each individual enrolling into STAR+PLUS within 90 days of September 1, 2014.
DADS will send letters to each ICF/IID provider in August to request the documents for eligible individuals. The letter will provide the ICF/IID with a list of individuals and instructions for submitting the documentation to DADS. There is no action needed at the present time.
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Originally published by Denied Insurance Claim Blog.
Related Links Hurricanes Cause Big Losses and Complicated Marine Insurance Claims Thinking About Marine Insurance After the Hurricane Our Legal Team Fights Denied Marine Insurance Claims |
While policyholders are often focused on what they can do right when submitting marine insurance claims, it’s worth talking about the things that can go wrong. In an effort to speed up the process or maximize a claim for marine losses, many policyholders make these four common mistakes:
You can avoid serious mistakes, delays, denials, and traps by arming yourself with the resources you need. For more information about preparing and negotiating marine claims, request your free copy of our book, Your Basic Guide to Marine Insurance , or contact our policyholder attorneys directly for one-on-one help with your questions.
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Originally published by Mary Flood.
Top legal news includes: Man charged with murder after body is found at West Texas trial firm; Arizona inmate dies 2 hours after controversial execution begins; Smoking banned at Houston city parks, libraries; Judge returns Crane-McLane-Comcast lawsuit to state court; Five children taken by CPS after traffic stop; Falkenberg: Anthony Graves helps open a painful door to the past, and perhaps (Chron subsc); Harris Co. Gets Grant To Expand ‘No Refusal’ DWI Enforcement; After surprise break-up, Houston real estate company sues co-founder; Medical Board Beefs Up Burzynski Complaint; Future of ACA Subsidies for Texans Unclear After Court Rulings; Report: New Law Led to Statewide Drop in Abortions; 18 police officers sue Austin after reassignments; Texas insurance industry to Uber: Slow down; Industry poll says Americans want more oil production, support offshore drilling; Apache faces more investor activism; How many Houstonians are really millionaires? & 2014 Texas Gavel Awards winners announced.
For the water cooler: Airbnb guest won’t leave, forcing condo owner to begin eviction proceedings; How Bad Is Life In A Law Firm? A Sitcom Tries To Answer That Question; Feds and 15 states announce suits against law firms, attorneys and others over mortgage-relief work (Not TX); Unisom delirium blamed for lawyer’s actions in police standoff; judge tosses charges; Federal judge nixes 551-pound man’s plea to end house arrest early due to his weight; Murder-suicide does not have to be disclosed to home buyer, state supreme court says; Judge OKs class action over working conditions for almost 21,000 Apple employees; Jefferson Parish small claims judge Patrick DeJean says office revenue is ‘not public money’; Which Law Schools Received the Most Applications For Fall 2013?; Understanding Law School: 3 Common Misperceptions & Bankruptcy Judge Sanctions Girls Gone Wild Founder Joe Francis.
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Originally published by State Bar of Texas.
Q. Were you in the Army?
A. No sir, I didn’t go.
Q. Why?
A. Well, when I was ready to leave they said, ‘Well, everything is over,’ and I say, ‘Okay,’ So I didn’t go.
Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.
Originally published by Mary Flood.
The State Bar announced the winners of the 2014 Texas Gavel Awards presented for journalism that helps the public understand our legal system. Congratulations to the Corpus Christi Caller-Times, the Dallas Observer, KLRU-TV in Austin, KRGV-TV in Weslaco and The Texas Tribune.
Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.
Originally published by Gerry W. Beyer.
As I have previously discussed, new regulations were released early this month that established the requirements for longevity annuities to be classified as a qualifying longevity annuity contract (QLAC). One of the goals of the new regulations is to increase…
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Originally published by Lowell Rothschild.
by Lowell Rothschild
Earlier today, the Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) released two proposals designed to enhance the safety of the transportation of crude by rail. The first, short proposal seeks comments on a potential rulemaking which would increase the oil-spill planning required for crude by rail transport. The second, more lengthy proposal [...]
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Originally published by Mary Flood.
Top legal news includes: League City migrant resolution opposed; Brazoria County votes to keep undocumented children out; Liberty County Sheriff’s Office says low pay is forcing deputies onto food stamps; Gulf oil spill: Ex-BP engineer’s retrial postponed; Texas National Guard faces limited powers on the border (Chron subsc); County drops challenge of HCAD valuations (Chron subsc); Houston’s City Attorney Will Announce Results of HERO Petition; Driver arrested for DWI after crashing into HPD officer; Report: Illegal horse racing on the rise in East Texas; Waller County Landfill Controversy Brings Out Hundreds At Hearing; Texas Drinking Water Systems Draw Federal Concerns; Texas police: 24 arrested for human trafficking; 1.4 Million Texans Fall Into ‘Coverage Gap’ Without Medicaid Expansion; Texas jury awards municipal utility $30 million; Exxon Mobil says it’ll follow new anti-bias rules; Texas City contends for $4.5 billion methanol plant & University Fund gets a boost from Texas oil production.
For the water cooler: Law school applications down 37 percent since 2010; first-year class could be smallest in 40 years; 6th Circuit says man can’t sue judge who had affair with his wife during child-support case; Jurors submit 281 questions to judge in hiring corruption trial; Longtime attorney gives up practice to help lawyer-patients deal with ‘spirit-killing’ profession; 2 men get time in conspiracy to bribe federal judge overseeing $65M money-laundering case; High applications to new law school show ‘pent-up demand,’ law dean says; tuition is $14K; Travolta Pilot’s Tell-All Suit Survives Anti-SLAPP Motion (Law.com); Art Dealer Denied Tax Refund for Forged Painting (Law.com) & Will the MH17 Disaster Be Prosecuted as a War Crime?
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Originally published by State Bar of Texas.
From Jerry D. Cain of Blacksburg, Va. (Jerry is general counsel of Virginia Tech), this handwritten demand letter from a person who had never been a student at Virginia Tech – but who, because of his Obvious Flair With Words, deserved “to have his hospital bills paid, which the university did in exchange for a release of all claims”:
Risk Management Office:
On the day of Oct. 28, 1988, just prior to 5 p.m., exiting Newman Library, turning left down the walk-ramp and coming out of underneath the overhanging face of the library, i [sic] experienced a very overwhelming sensation. A tremendous and sudden blow, perceived as a blinding flash, sent me flailing to the ground.
There seems to have been a slight blank out – several seconds I cannot recall. I remember up to immediately following the impact. Very next, I remember lying in bushes near the entrance area of the library, yelling out, wriggling with pain. By then several people had gathered around in concern. Since the crowd could not have appeared there immediately, at least several seconds had elapsed unaccompanied by my awareness; I cannot remember how long.
Just as I had revived perception, I glanced on the walk what I consider to be a smashed flower pot, plant matter, and soil. When asked by a passer-by what had happened, I declared that something had fallen on me. I cannot rightly say with conviction the nature or exact location of the strike with regard to my form. At first I was sure I had been hit squarely atop the head; but this seems unlikely as no superficial injury to the head resulted. Because I was quite unsettled and dazed and then led directly away from the scene to the infirmary and then to the hospital, my recollection of details is vague.
Based on my own feeble understanding of culture as lived by this community, I see no reason that the wealthy university couldn’t help, at least with the hospital bills, persons caused injury by the frivolous neglect of employee.
Sincerely, etc.
Jerry adds: “I have never been certain whether frivolous neglect is more or less egregious than ordinary negligence.
Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.
Originally published by Mary Flood.
Top legal news includes: Death penalty possible for man convicted of killing Bellaire police officer; Reports: Robert Durst arrested, accused of urinating on candy at Houston CVS; Reaction to National Guard deployment; Katy woman turns in husband after finding child porn on his phone; Amid Lawsuit, Farmers Insurance PAC Gives Thousands to Abbott; BP Claimant, Attorneys, Ordered to Return Settlement Cash (Law.com – NLJ); Fake vet causes concern among area pet owners; Second lawsuit filed against San Felipe tower seeking damages; Houston-area’s pet ownership laws explained; City, neighborhoods watching effects of new development rules (Chron subsc.); 2008 law unexpectedly at center of border debate; In Waco, Checking on Criminal Defendants’ Claims of Poverty; Ethics Commission Slaps High-Profile Activist With $10,000 Fine; Texas man gets 16 years for injuring officer; Arizona execution drug case heads to Supreme Court; Neighbors pitch in to help firefighters battling 3-alarm fire at Cypress manufacturing plant & If Neil Armstrong stubbed his toe on a moon rock, who’s liable?
For the water cooler: 101-year-old lawyer is still working at Fox Rothschild; ‘Love my dress’ Facebook selfie puts police on trail of shoplifting suspect; Defendant claims prosecutor tried to revoke her probation after she told his wife of their affair; Johns Hopkins to pay $190M to settle case over gynecologist’s secret photos of patients during exams; What Should Junior Biglaw Associates Spend On Engagement Rings?; Thrift store donation of 3 human skulls puts spotlight on state law concerning skeletons in closets; Lawyers for Aaron Hernandez say attorney-client court chat was broadcast on Web; Shooting death of law prof who founded PrawfsBlawg is investigated as homicide & God Told Her That YOU Should Pay For Her Law Degree.
Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.
Originally published by State Bar of Texas.
This contribution, from U.S. District Judge T. John Ward of Marshall, is from an employment case Ward tried recently “wherein plaintiff was alleging race and age discrimination and retaliation for protected activity”:
The defense was that the plaintiff had been discharged because of poor performance. Part of the performance issue involved sleeping while on the job. The plaintiff was a home healthcare nurse.
The defense attorney asked the following question:
Attorney: Do any of you think that sleeping on the job is not grounds for firing someone?
Juror: I think if a person wants to sleep on the job and they can get away from it, that’s their prerogative. Let ‘em sleep.
Ward adds: “The response brought considerable laughter from the remaining jurors.”
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Originally published by Wayne.
Take advantage of our new customer discount. This means a new discount for customers, but I bet the writer meant a discount for new customers. We’re selling a little used car. This means the car is small, but I bet the writer meant the car had been used only a little. He has a family law practice. This means he practices with a relative, but I bet the writer meant he takes divorce cases.
What causes confusion in these examples is the absence of a hyphen. The rule—and yes, it’s a rule of written English, although some of us never learned it—requires a hyphen between words that jointly modify a noun. The Chicago Manual of Style § 7.81 (16th ed. 2010). These jointly modifying words are called “compound modifiers” or “phrasal adjectives.”
Careful writers hyphenate compound modifiers: Take advantage of our new-customer discount. We’re selling a little-used car. He has a family-law practice. The hyphen clarifies meaning, instantly telling the reader that the words modify the noun jointly, not independently. When the modifying phrase follows the noun, you need no hyphen: We offer a discount to a new customer. The car we’re selling is little used. His practice is in family law. You also need no hyphen for proper nouns (United States treaties), foreign phrases (prima facie case), and adverbs ending in -ly (highly skilled writer). You do need a hyphen for well phrases, like well-pleaded complaint, well-known jurist, and well-rounded person.
Some legal writers doubt the rule and say they don’t see compound-modifier hyphens in other writing. But the truth is they’re everywhere. We don’t notice them because they’re doing their job—smoothing out our reading and eliminating miscues. For the skeptical, I offer a sampling of hyphenated modifiers from a single edition of my local newspaper, the Austin American-Statesman. I recorded the first ten I saw:
single-family home
five-day period
technology-based processing system
city-owned street
since-discredited promise
60-vote majority
two-thirds requirement
far-reaching change
board-appointed reviewer
call-center jobs
If you look for them, you’ll find compound-modifier hyphens in any well-edited publication.
You can use several hyphens if the modifying phrase has several words. So all the following are correct: all-or-nothing strategy, on-the-spot investigation, two-year-old plan. But don’t get carried away with long, hyphenated modifying phrases. This might be okay: a sweep-it-under-the-rug approach, but this is too much: a let-the-jury-struggle-with-it-and-figure-it-out attitude.
You can also use a “suspended hyphen” if you don’t want to repeat the second part of two similar compound modifiers. So instead of right-brain and left-brain functions, you can do this: right- and left-brain functions, or 15- and 30-year mortgages.
In applying these hyphen rules, legal writers sometimes encounter a problem. In law we have many familiar expressions and phrases that technically require hyphens but that will not confuse if left unhyphenated. For example, all these would take hyphens: summary-judgment motion, good-faith effort, reasonable-person standard. But hyphenating them can seem pointless and, given that some readers don’t know the rule for compound-modifier hyphens, adding a hyphen might cause more confusion than it saves.
So you have a choice.
You can apply the hyphenate-your-compound-modifiers rule at all times, uniformly, even to familiar phrases. That way, you don’t have to stop and think about whether you’re causing confusion. You just follow the rule: I always hyphenate compound modifiers, and this is a compound modifier, so I’ll hyphenate. Bryan Garner, in Garner’s Modern American Usage, supports this “flat rule.”
Or you can apply the hyphenation rule when confusion might result, but not to familiar legal phrases. So you’d hyphenate high-performing employee and public-agency exception but not common law doctrine, third party beneficiary, or summary judgment motion. Of course, with the case-by-case approach you have to gauge your audience’s knowledge and differentiate general audiences from specialized ones. Thus, you’d probably need to hyphenate differently for a labor lawyer and for a generalist judge and maybe even for the judge’s clerk. As you can see, you avoid wrestling with tough calls if you apply the flat rule.
Whether you apply the flat rule or a case-by-case standard, put “hyphenate compound modifiers” or “hyphenate phrasal adjectives” on your editing checklist.
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If you’d like to comment on this or any post, please email me. I’ve had to disable comments because of excessive spam. Sorry.
Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.
Originally published by Gerry W. Beyer.
The IRS has released the updated Section 7520 rates, which are used for charitable contributions. The updated August rates can be seen here. See, IRS Updates Applicable Federal Rates for August 2014, Charitable Planning, July 18, 2014. Special thanks to…
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Originally published by Bob Kraft.
When traveling to a foreign country, you probably have more exciting things on your mind than the possibility of being injured. The truth is, you can get injured anywhere, and many popular tourist activities are inherently a little bit dangerous. For example, most scenic destinations insist that their countryside is too beautiful to be seen from the road; they’ll suggest taking a bicycle tour, hiking through wilderness, and zip-lining above a canopy of trees. While these are all brilliant ideas for the athletic tourist, companies that provide these attractions do not assume liability for any injuries that may occur. If you do become injured, keep these four things in mind while seeking treatment.
Travelers are often tempted to opt out of travel insurance to save some money on an already expensive trip. Keep in mind that you are running a risk by not purchasing a policy; your domestic healthcare insurance may not cover you once you leave the country. All medical costs incurred from an overseas injury may have to come straight out of your own pocket. The purpose of a travel insurance policy is to cover any medical treatments necessary to getting you healthy enough to fly home. Depending on your policy, it may also cover additional travel expenses if things like ground assistance become necessary. Sometimes, they will even pay for you to travel to a different hospital or city if you feel they are more trusted than the city in which you are injured.
Whether you’ve thought ahead enough to purchase travel insurance or not, it is important to keep all of your receipts, medical records, police reports, and medical reports. This will help you sort out what can or cannot be reimbursed once you’re back home. If you have any hope of speaking with an attorney, these records will be extremely important to your case. It will also help your medical treatment transition much more smoothly. X-rays and other diagnostics are especially important to avoid having them performed twice. Additionally, you may be able to file a claim through your domestic insurance with the proper paperwork.
Embassies exist for this very purpose. If you are injured, assaulted, or get into any kind of trouble in a foreign country, your embassy will try to assist you in any way possible. If you are caught without insurance and without money, the embassy may be able to find funding for you to pursue medical treatment.
It is hard to trust medical facilities in a foreign country. It is even harder to trust foreign individuals who have been involved in your accident. Most people will do whatever they can to avoid paying for someone else’s medical treatment. HarronLaw.com has said whether you think you have a case or not, speaking with an attorney who is familiar with overseas laws and statutes will help you get the treatment and reimbursement necessary to your injury. Attorneys know more about overseas law than we could ever hope to and may be able to find you more money than you had thought possible. Even the smallest possibility of reimbursement should be pursued.
Traveling abroad should be a fun and exciting time of stress-free relaxation. Becoming injured in a foreign country is a nightmare. Unfortunately, these things sometimes happen. If this happens to you, keep in mind these four tips, and you will be much better off. Do your diligence to get back into good health as soon as possible. Most importantly, stay safe out there.
This article is from Chaleigh Glass. Chaleigh is a freelance writer and photographer who lives in the amazing city of New York. When she isn’t writing Chaleigh loves to travel and explore all that the big city has to offer.
Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.
Originally published by Renee Kolar.
Experienced and well-renowned mediator, Jeffery Krivis, just posted an article on the current role of mediation in achieving efficient and cost-effective settlements entitled The Settlement Drift. Check it out!
Read The Settlement Drift, Part I
Read The Settlement Drift, Part II
Read The Settlement Drift, Part III
Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.
Originally published by Mary Flood.
Top legal news includes: Perry expected to call up National Guard to Rio Grande Valley; Investigation to be conducted into E. Texas prison ceiling collapse; D.C. Circuit Rejects Payback for Stanford Fraud Victims (Law.com); Case shows perils of standard language in non-binding deals; Retired Harris County sheriff’s deputy drowns; For victim’s family, lack of murder investigation is an open wound (Chron subsc); Jury Finds Harlem Lewis Guilty Of Murder Of Bellaire Police Officer; Court lets EquuSearch use drones again; Sheriffs Consider Selling E-Cigarettes at Jails; Protestors do not want undocumented children in Montgomery County; Falkenberg: Mother of three pressured into changing story, but jailed anyway (Chron subsc); Owner of Willis dog refuge arrested on animal cruelty charges; Why are the sales for firearm silencers, suppressors on the rise?; Fort Worth funeral home owners charged with abuse of corpses; Computers no threat to Dallas police sketch artist; Grand jury deadline passes, 8 Tyler, Texas suspects freed; Texas agency probed oil tank for leak before blast; Feds OK first-in-decades oil studies off East Coast; Mexico’s Senate approves energy overhaul & Rising from the ashes: civil rights firm to celebrate inauguration of new building after devastating fire.
For the water cooler: Biglaw Firm’s New Timekeeping Policy May Screw Associates Out Of Bonuses; Lawyers may look at what jurors post online, but only if it’s available to the public; Macy’s settles federal racial profiling suits with shoppers; Man wearing T-shirt with judge’s picture and ethics reference is asked to leave courthouse; Judge tells teen he needed a dad to ‘beat the hell out of you’ (see the video); Company co-founder is personally liable for Buckyballs recall refunds; Cellphone call helped make stock manipulation case against corporate lawyer, FBI says & Question of Negligence Could Limit Flight 17 Compensation Claims.
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Originally published by State Bar of Texas.
From Judge David M. McCoy of Childress (presiding judge, 199th District Court), these two examples of “making Buchmeyer” – an invaluable and painfully descriptive phrase – that took place in two separate revocation cases he heard on the same day, with the same two attorneys: District Attorney Earl Griffin and defense attorney Randall Sims.
The Powell Case
By Mr. Griffin:
Q. Mrs. Powell, would you state your name for the court, please?
A. Marjorie L. Powell.
Q. Mrs. Powell, how are you related to Danny Powell?
A. I’m his mother.
Q. And you’ve known Danny, I guess all his life, right?
Mr. Sims: Judge, I think we just made Buchmeyer.
The Gonzales Case
By Mr. Sims:
Q. Where [are] your kids you keep referring to?
A. Well, with their mother, I guess. I haven’t talked to her mother – well, my daughter was with my girlfriends’ mom and -
Q. Where’s she live?
A. In Paducah.
Q. How many children do you have?
A. I’ve got one and one on the way.
Q. Where is the one on the way at?
A. With her mom.
Mr. Sims: I may have just made Buchmeyer, too.
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Originally published by Patricia McConnico.
First, let’s remember that judges are human, too.
To read the entire article by John G. Browning, go to the Texas Bar Journal.
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Originally published by Chip Merlin.
Intelligent policyholders are not sticking around when their house is being destroyed documenting how much damage was caused by wind and then the flood that accompanies most of these catastrophic events. Yet, their insurance companies want to act as if their policyholders can play god. They demand that policyholder determine what damage was exactly caused by wind before the flood storm surge washed a lot of the evidence away.
Some insurance companies even claim their policyholders are crooks and cheats if they ask each company – the flood and wind carrier – to pay. I am hearing this from some Superstorm Sandy insurance adjusters. Most policyholders are underinsured following a major tropical storm or hurricane and need both policies to pay, at least in part, to be fully indemnified.
This is not the first time this issue has arisen. A good legal discussion of this factual pattern is found in Robichaux v. Nationwide Mutual Insurance Company:1
“Nationwide is…
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Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.
Originally published by State Bar of Texas.
Lynn Brooks of Dallas, who is (among other things) the book review editor of the Journal of Court Reporting, writes:
The National Court Reporters Association has done it again: put together the third book of collected humor – stuff that lawyers and witnesses wish they’d never said.
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A. I told my attorney that I’d take that polyester test to show I wasn’t lying, but no one ever game me one …
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Q. Can yeast infections give rise to anything else that you are aware of?
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Q. I understand you recently gave birth to twins.
A. Yes, Ma’am.
Q. That’s two babies?
A. Yes.
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Q. So, that isn’t correct; is that correct?
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Court: To the charge of driving while intoxicated, how do you plead?
Defendant: Drunk.
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Originally published by Gerry W. Beyer.
The Uniform Law Commission has approved the new Uniform Fiduciary Access to Digital Assets Act. With huge technology advancements changing where assets are stored, a legal update is needed to accommodate the increase in digital assets. The Act adopts “media…
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Originally published by Fort Worth Injury Attorney Blog.
The United States Senate, the National Highway Traffic Safety Administration and the Department of Justice are investigating the nightmare caused to drivers when their small General Motors cars suddenly became disabled at highway speeds.
This turned off the power steering, power brakes and air bags in various Chevrolets, Pontiacs, Saturns, and other GM vehicles, making a car crash — and possibly death — inevitable. Due to a 13 year delay in issuing recalls, over 300 people have died and thousands of people have been injured. GM has finally gotten around to recalling 9.4 million vehicles under intense pressure.
Senate Hearings Today
Today, GM’s chief executive officer and chief counsel are being grilled by U. S. senators at a consumer protection committee hearing. The CEO Mary T. Barra, was lambasted by this committee in April.
The high ranking chairwoman, Senator Claire McCaskill, also ripped into GM’s legal department, which fought the lawsuits brought by the victims of the collisions even after the company kinew that its defective switch was to blame. Senator McCaskill wondered why its chief counsel had not been fired and described the company as having a “culture of lawyering up” which “killed innocent customers.” She noted that GM’s long-delayed recall showed “indifference, incompetence and deceit.”
Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.
Originally published by Jerri Lynn Ward, J.D..
DADS has issued Information Letter 14-39 titled Restrictions on the Provision of Services by a Legally Responsible Person –
The purpose of this information letter (IL) is to inform Deaf Blind with Multiple Disabilities (DBMD) providers and Financial Management Services Agencies (FMSAs) of restrictions regarding the provision of services by a legally responsible person. FMSAs must inform Consumer Directed Services (CDS) employers about the information provided in this letter.
The Centers for Medicare and Medicaid Services (CMS) identifies a legally responsible person as a parent of a child under the age of 18 (natural or adopted) or the spouse (regardless of age) of an individual receiving services through the DBMD program. For purposes of this IL, a legally responsible person does not include the parent of an adult (18 years of age or older) or a legal guardian of an adult receiving services.
As outlined in the DBMD waiver application, a legally responsible person is prohibited from providing any services in the DBMD program. DBMD providers and FMSAs must ensure a legally responsible person is not a service provider of residential habilitation, intervener services, or any other DBMD service.
By August 1, 2014, DBMD providers and FMSAs must determine whether any individual is receiving DBMD services provided by a legally responsible person, discontinue allowing the legally responsible person from providing the service, and identify an alternate service provider to deliver the necessary services. FMSAs must notify the CDS employer of the employee’s ineligibility to deliver services. The CDS employer must find an alternate service provider.
Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.
Originally published by By Sammy Ford.
Over the past several months, General Motors (GM) has recalled over 29 million vehicles. This staggering number is more than the total amount of vehicles GM has sold in the last seven model years. Most if not all of the recalls are related to safety issues such as faulty ignition switches. This problem dates as far back as 2003 and is potentially deadly.
In June 2014, Chevy issued a “stop sale” on the 2013 and 2014 Chevy Cruze. These model cars may have been installed with a faulty airbag part. A stop sale is different from a recall in that the cars on the lot are not to be sold yet no previously purchased cars have been recalled for repair. Chevy will attempt to isolate the cars that are equipped with the faulty part. Once Chevy does this they will likely lift the sale stop and recall all the cars that were sold with the faulty part. Chevy announced that they have identified around 33,000 cars with the potential airbag safety issue. This recent stop sale from Chevy comes on the heels of a stop sale for many GM trucks and SUVs. The problem with these trucks and SUVs is that the transfer cases my slip into neutral on its own. This causes the wheels to lose power if the vehicle is being driven or if it is parked the breaks may disengage.
Texans love their trucks and SUVs with the Silverado and Tahoe being some of the most popular models sold. Houston is no exception. Driving down a Houston freeway you are bound to see multiple Chevy trucks and SUVs. With all the recalls and stop sales GM has issued lately there is a considerable safety risk from the above mentioned vehicles if they have not had their design flaws properly repaired. This risk is shared by the operator and passengers of the vehicle as well as by the other drivers on the road.
If you or someone you love have been injured in an auto accident, contact the attorneys at Abraham, Watkins, Nichols, Sorrels, Agosto, and Friend by calling 713-222-7211 or 1-800-870-9584.
Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.
Originally published by Paul Richardson.
South Texas counties are significantly impacted by the Eagle Ford Shale, in both positive and negative ways. In the midst of substantial economic gains, environmental and health concerns abound. But some Eagle Ford residents are finding a voice to fight …
The post Organization Hopes to Empower Eagle Ford Residents appeared first on Simmons & Fletcher.
Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.
Originally published by Gerry W. Beyer.
When a marine’s body was returned to his family from Greece, not all of him was returned. Somehow during an autopsy is Greece, his heart was missing. The family sued the United States, Greek Officials, and the hospital in Athens…
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By MANNY FERNANDEZ
Prosecutors said Shannon Guess Richardson, 35, mailed ricin-laced letters to President Obama and former Mayor Michael R. Bloomberg of New York.
Published: July 17, 2014 at 4:00AM
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By RICHARD A. OPPEL Jr.
The Veterans Affairs’ acting secretary told a Senate committee that hiring 1,500 doctors and 8,500 nurses and other clinicians to work at V.A. hospitals would cost $17.6 billion over three years.
Published: July 17, 2014 at 4:00AM
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By KIRK JOHNSON
The lawyer, who teaches at Yale, said the Army’s case against Sgt. Bowe Bergdahl was wide open and could lead to court-martial or exoneration but within the confines of Army procedure.
Published: July 17, 2014 at 4:00AM
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By ADAM NAGOURNEY
As Gov. Jerry Brown faces as a little-known Republican challenger, his most formidable Republican adversary is turning out to be a fellow Californian who wields his power from 2,700 miles away: Kevin McCarthy, the new House majority leader.
Published: July 17, 2014 at 4:00AM
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By MANNY FERNANDEZ
Federal officials trying to house the influx of minors from Central America have been forced to scrap several proposed sites because of local opposition, as the issue grows more toxic.
Published: July 17, 2014 at 4:00AM
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By KIRK JOHNSON
Since a huge landslide in March, questions about the impact on tourism have hung over the mountain town of Darrington, Wash. So far, leaders and residents say, the news is encouraging.
Published: July 17, 2014 at 4:00AM
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By DENISE GRADY
Dr. Thomas Frieden, head of the Centers for Disease Control and Prevention, told members of Congress that recent lab accidents involving flu viruses and anthrax were not isolated mistakes.
Published: July 17, 2014 at 4:00AM
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By THE ASSOCIATED PRESS
Senate Republicans blocked a bill on Wednesday aimed at restoring free contraception for women who get their health insurance from companies that object on religious grounds.
Published: July 17, 2014 at 4:00AM
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By JACK HEALY
Gov. John W. Hickenlooper announced Wednesday that he did not have enough support to pass a bipartisan law giving towns more control over fracking.
Published: July 17, 2014 at 4:00AM
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By Reuters
Members of the House Rules Committee discussed the merits of a lawsuit against President Obama over his use of executive powers.
Published: July 16, 2014 at 4:00AM
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By KATIE ROGERS
Your nightly briefing is ready for you.
Published: July 16, 2014 at 4:00AM
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By THE NEW YORK TIMES
“Inordinate and unpredictable” delays in executions violate the Eighth Amendment’s prohibition against cruel and unusual punishment, the judge said.
Published: July 17, 2014 at 4:00AM
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Abogado Aly Latest Blog Post
This lead to a flood of underage immigration because parents wanted to get their children across the boarder before it was too late. In June of 2012, Obama declared that he would not enforce immigration regulations on young adults brought across the border before a certain time. This was considered popular in the Hispanic voting community, as deporting high school kids going to college was not a popular move among any voters. This added to the influx of underage immigration.
The House Republicans refuse to pass any immigration law that gives Obama the decision on how to enforce the law. They also want a provision that includes the deportation of underage immigrants from Guatemala, Honduras, and El Salvador.
Because of this recent litigation, immigrants are sending their children over to the United States so that they can stay there permanently. One residents in Latin America hear of any law allowing them to cross the boarder, a surge of immigrants will be inevitable. Because of this surge, the immigration debate has moved from legalization towards enforcing deportation.
Whereas countries like Canada and Australia have immigration laws that focus on high skilled workers, the United States has immigration laws that focus more on extending families. This makes it difficult to focus on attaining high-skilled immigrants.
This blog post is based off of this article from Real Clear Politics.
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By MARTHA ROSE SHULMAN
Lots of different types of vegetables and beans can fill a taco, be the excuse for a soup, or top a big bowl.
Published: July 16, 2014 at 4:00AM
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By CHARLIE SAVAGE
The plan by Defense Secretary Chuck Hagel to move the men, who have been approved for transfer for more than four years, would break a bureaucratic paralysis over the deal.
Published: July 17, 2014 at 4:00AM
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By JULIE HIRSCHFELD DAVIS and MICHAEL D. SHEAR
The influx of Central American children has led the president to focus on deportations at the time he was preparing to allow more undocumented people to stay.
Published: July 17, 2014 at 4:00AM
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By ALAN RAPPEPORT
The Green family’s plan to establish a Bible museum in Washington has raised concerns that it will be more about evangelizing than educating.
Published: July 17, 2014 at 4:00AM
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