May It Please The CourtMay It Please The CourtWeblog og legal news and observations Articles
Electronic Case Filing Department of Redundancy Deparment
2008-01-31 21:32:00 Under orders from the United States District Court for the Central District of California, I clicked on the URL for the eight modules of training on the Court's CM/ECF (Case Management / Electronic Case Filing system), and promptly went brain-dead. Sure, I had to complete the training in order to get the Court to issue a user name and password in order to electronically file documents even though others in the firm already have them, but after the two-and-one-half-hour mind-numbing and overly repetitive online lecture and allegedly "interactive tutorial," I'm left with one question:Why?According to the General Order and the Judge's Standing Order, I must still (within three days of the e-filing) physically file with the Court a "courtesy" copy of the document I just e-filed with the Court, complete with the cover page showing that I properly e-filed the document.Just reread that last paragraph again. That's right. Now I ... More About: Department
Maryland's Do Not Deliver Pending Legislation Would Apply Junk Mail Filter
2008-01-27 01:58:00 Maryland is considering legislation that would ban free newspapers from being delivered to unwanted driveways. You can probably tell from the sub-headline, I'm against the delivery of unwanted newspapers. Try as I might, a free newspaper in our area, the Irvine World News, continually gets delivered to my driveway despite my efforts to the contrary.According to this Newsweek article by Reporter Kristen Wyatt, the legal issues might preclude the legislation. The magazine notes, "The bill could prove a legal morass, said T. Barton Carter, a media law expert at Boston University. It's uncertain how valuable a 'Do Not Call' analogy is, he said. 'Usually, when you're talking about print media and just delivering it to the outside, that's not seen as intrusive as calls. So, it's not clear it would survive a similar First Amendment analysis,' Carter said."While this argument may not be clear, it overlooks the ba... More About: Mail , Legislation , Filter , Junk , Junk Mail
Employers Can Fire Employees Even If They Have A Note From Their Doctor To
2008-01-26 01:48:00 California voters passed the Compassionate Use Act of 1996, which was enacted as California Health & Safety Code § 11362.5. Enough Californians voted to pass this Act (a.k.a. Proposition 215) in 1996. The statute gives a person who uses marijuana for medical purposes on a physician's recommendation a defense to certain state criminal charges involving the drug, including possession. The same, however, is not true under federal law. Users of marijuana can be convicted under federal law if caught.But what of the drug-free workplace? Until Thursday, employers have wondered how to handle an employee who has permission to use marijuana from a doctor under the Compassionate Use Act. As reported in this Washington Post article, "'What are they supposed to do?' said Deborah La Fetra of the Pacific Legal Foundation, which filed a brief supporting the company. 'Employers are held liable all the time when drunk or stoned emp... More About: Employees , Note , Fire , Doctor
Lawyer 2 Lawyer Internet Radio Steps in to the Virtual Law Office
2008-01-25 16:38:00 The emergence of virtual law firms came at the dawn of the internet and in recent years, the increased popularity of virtual firms has proven that the law is in fact changing. On Lawyer 2Lawyer, we will take a look at what goes on behind the scenes of a virtual law firm, the advantages and disadvantages of virtual law, and why many lawyers are trading in the traditional firm for a virtual one. Please join me and my fellow Law.com blogger and co-host Robert Ambrogi as we virtually call on the experts: Larry Bodine, business development consultant, Attorney Wyatt Durrette, from the XDL Group and Mark Harris, CEO of Axiom Legal, to discuss the "future of law." More About: Radio , Internet , Office , Virtual
Business, Shipper and Common Carrier Payment Dispute Leaves Business Liable
2008-01-24 01:41:00 When a business ships its goods with a common carrier, it remains liable to pay the carrier even if it paid the arranger/broker for the shipment. In this case, National Logistics Company arranged for Oak Harbor Freight Lines Inc., a licensed motor carrier, to move freight for Sears, Roebuck & Company. Sears paid its broker, National Logistics, for all of the invoices it submitted. This arrangment lasted for 10 years without any problem. At that point, Oak learned that Sears didn't want to use National Logistics as its broker. Unfortunately, National Logistics hadn't paid Oak Harbor Freight Lines everything Oak was owed for carrying Sears' freight. Oak was owed more than $400,000. National Logistics told Oak to get its money from Sears. In a classic turnaround of "it's not my problem," Sears told Oak Harbor Freight to get its payment from National Logistics... More About: Business , Common , Payment , Dispute , Leaves
Does Taller, Faster, Longer, Steeper Equal Better? Can You Be More Dead?
2008-01-23 02:38:00 Recently there's been a trend in sports to be more extreme: records broken for taller, faster longer, steeper and just a hair more whatever than last year or the last race. The consequences, apart from steroid use and more disabling injuries, is death. Death. That record is final.Don't get me wrong here - I've participated in some of those sports (and lived to write about it) and I'm as big a sports fan as anybody. I've been down to 750 feet in a homemade submarine in Honduras. I've skied the Sudan Couloir on Blackcomb, a half-mile, ungroomed 45 degree slope that starts out inverted and ends at speeds approaching Mach 5 (at least that's what it feels like). But in each of those sports, there are some things I won't do.I won't violate the recreational 130 foot limit for diving. I won't catch air off cliffs while skiing. I don't ski off-piste into avalanche t... More About: Dead , Equal
Employers Should Either Thank Or Boycott The Wall Street Journal
2008-01-22 01:33:00 Since most of this law firm's employees - with the notable exception of its lawyers - don't read the Wall Street Journal , I'm not too upset. But since some of them do, I am.Let me explain.The WSJ ran an article about how to workaround an employer's IT department. Like most employers, we ban just about everything on this list of ten workarounds. That's why it's so frustrating to see a business-related newspaper provide our employees with these workarounds. I can only hope the WSJ employee computers are flooded with crashes, Trojan horses, spyware and malware as a consequence of this "tell-all" style article.On the other hand, I'm thankful.As soon as I finished reading the article, I dashed off an email to our IT department with instructions to block and solve all the problems identified in the article. That way, our computers will remain safe, commerce will continue and the bad guys get foiled once again.... More About: Wall Street Journal
Lawyer 2 Lawyer Internet Radio Gets Social With Networks
2008-01-21 13:44:00 Social networking sites have reconnected old friends and former colleagues, created networking ties and have rekindled relationships all over the world. On this week's Lawyer 2Lawyer, we explore privacy rights, intellectual property issues and even defamation and cyber bullying, all rising from social networking sites.Please join me and my fellow Law.com blogger and co-host Robert Ambrogi as we welcome Chris Carfi, co-founder of Cerado, Eric Goldman, Director of the High Tech Law Institute at Santa Clara University School of Law and Kara Swisher, co-executive editor of All Things Digital, to discuss the popularity of these sites and the legal issues surrounding the online world of social networking. More About: Radio , Social , Internet , Networks
A Post-it Happy Birthday!
2008-01-17 02:18:00 Sometimes there's not much more you can say about your staff celebrating your birthday. And yes, it goes all the way around the other side. It's not my car, but it's one in the parking deck just a few spaces away. More About: Post , Happy , Birthday , Happy Birthday
Payments, Payments, Payments. When Are They Partial And When Final?
2008-01-17 00:48:00 When is a payment to a contractor a progress payment and when is it a final payment? Why does it matter?Well, penalties may apply, and then again they may not. Under California Civil Code section 3260.1, a progress payment withheld without a good faith dispute may require payment of a two percent per month penalty. The penalty is based on the amount in dispute if the payment is unjustifiably withheld. Otherwise, if there is a good faith basis for the dispute, then the owner may legitimately withhold 150% of the disputed amount of the progress payment. On the other hand, if the dispute involves a final payment -- as opposed to a progress payment -- then the statute doesn't apply at all. No need for a good faith dispute, no penalties apply; nothing. You know. Zip. Zero. Nada. That's the ruling in Murray's Iron Works, Inc. v. Boyce, a California appellate decision handed down yesterday.&... More About: Final
Indian Tribe Files Suit Over 13-year Delay In Acting On Gaming Application
2007-03-09 17:52:02 The fine folks over at Courthouse News bring us this tidbit from their files: A Complaint filed by the Seminole India ns against the Secretary of the Interior. By law the Secretary of the Interior has 60 days to act on an Indian tribe's application for a gaming license. The Seminole Tribe of Florida claims several secretaries of the Interior have failed to act on their application for over 13 years.That's a lot longer than 60 days, even if your office doesn't come furnished with a calendar. Apparently, the Secretary of Interior lacked the funding to purchase not only the paper to write back to the Tribe, but also the means to track the days and years that were ticking by.That's the government for you. While MIPTC understands Indian law, doesn't it make sense that if you are a sovereign nation, you don't need to ask permission? But that's just me. More About: Gaming , Cat , Acting
Lawyer to Lawyer Internet Radio Gets A Sidebar With The Bench
2007-03-09 17:52:02 In the world of law, judges and attorneys have been working side by side throughout history. We each couldn't do our job without the other, in fact.On Lawyer 2 Lawyer, we will turn to three expert judges to discover what they look for in an attorney and what they expect. Please join me and my fellow Law.com blogger and co-host Bob Ambrogi as we welcome Justice William W. Bedsworth, an Associate Justice for the California Fourth District Court of Appeal, the Honorable William Dressel, President of the National Judicial College in Nevada and Judge Steve Leben, President of the American Judges Association, to discuss their view from behind the bench. More About: Radio , Internet , Inter , With
Surely You're Shocked That 90% Of All Email Is Spam
2007-03-09 17:52:02 You and the Securities and Exchange Commission, that is. The SEC is shocked that spammers promote stock through email - so shocked that it suspended trading in 35 stocks that were promoted by spam. So shocked that the stocks were suspended for a whopping 10 days.That'll teach those spammers.Stock spam amounts to 30% of the spam that's out there - nearly 100 million stock spam emails a week. The other 70% must be spam ads for Viagra, if my inbox is any indication. Former California Congressman (now SEC Chair) Chris Cox, had this to say in a press release, "When spam clogs our mailboxes, it's annoying. When it rips off investors, it's illegal and destructive. Today's trading suspensions, and actions that will follow, should send a clear message to spammers: the S.E.C. will hold you accountable." Well, maybe not the spammers, but the companies, who the SEC believes are complicit in the spam campaigns. The way... More About: Mail , Spam , Email , Shock , Hat
San Francisco Seeks To Limit Use Of Plastic Grocery Bags
2007-03-09 17:52:02 It's one thing to be on the Left Coast, a.k.a. the land of fruits, nuts, twigs and berries. It's quite another, however, to be North of the Left Coast.Quite another thing altogether.The City and County of San Fran cisco City/County Supervisors are trying to push through a measure to limit the sale of plastic grocery bags. Pause for a minute here and contemplate that word: "limit." But before we get started with that analysis, let's look at the consequences of such a "limitation." It likely means more consumers will be using paper bags. While that option is friendlier on the recycling end of things, it does mean, on the other hand, that we'll be cutting more trees down. The supposed environmentally conscious supervisors explain that result with two options: recyclable plastic paper bags or canvas bags. Sure, San Franciscans could all become canvas bag-toting shoppers... More About: Bags , Last , Cisco
Do Not Mail Bills Create Conflict Between States and Federal Government
2007-03-06 05:49:02 About eleven states have introduced "Do not mail" bills, modeled after the Federal Trade Commission's "Do not call" telephone registry. The states include Colorado, Connecticut, Hawaii, New York, Maryland, Michigan, Missouri, Montana, Texas, Vermont (just last week) and Washington. Don't worry if your state is not among them, though. The laws, if enacted, will not likely survive a constitutional attack.You may remember from your Civics class that the Postal Service is regulated solely by the federal government, and that the several states have no authority to get in the middle. In legal jargon, we call it preemption.Nevertheless, many legislators around the company are jumping on the bandwagon. They argue that homeowners should be able to control what arrives in their mailbox. True or not, MIPTC wishes those legislators would turn their attention to what arrives in my e-mail inbox, not my m... More About: Mail , Government , Men , Between , Conflict
Unions Can't Represent Employees In Overtime Cases Without Authorization
2007-03-05 05:48:03 Under the Private Attorney General Act of 2004, which authorized employees to sue their employers for Labor Code violations such as alleged failure to pay overtime and for time spent working instead of taking meal and rest breaks, unions suffered a setback in a court ruling earlier this week. The PAGA is more commonly called the "Sue Your Boss" law and the "Bounty Hunter's Statute."While employees can assign their claims to a union to sue on their own behalf, unions cannot step in to court on the employee's behalf without permission. The employees have to bring suit in their own name or actively assign their claims to the union, according to the ruling.It's a significant procedural setback for unions, and protects employers from unsubstantiated threats of "automatic" class actions by unions. Perhaps not too surprising, with this opinion the courts have taken back their authority to determine when to certify c... More About: Employees , Time , Union , With , Author
Punitive Damages Award Reduced To Amount NTE Compensatory Damages
2007-03-05 05:48:03 Don't get too excited here; California is not yet stepping back from recent US Supreme Court opinions (Gore v. BMW, etc.) that limit punitive damages to something less than 10 times punitive damages. The court of appeal, however, is limiting punitive damages in situations where only economic damages are awarded. In other words, if you didn't suffer personal injuries, your punitive damages award may not exceed the compensatory damages.In the case that led up to this decision, a company called Mach I acted as a broker for Jet Source. Mach I located, inspected and purchased jet aircraft for Jet Source. Later rather than sooner, Jet Source discovered that Mach I was inflating the purchase price of the planes and keeping an extra profit for itself. Jet Source sued, and recovered $6.5 million on this issue, and the jury hammered Mach I with some $26 million in punitive damages.The appellate court believed that Jet Source was a sophisticated buyer (not... More About: Comp , War , Pens , Reduce , Award
What Kind Of An Agreement Does It Take To Buy Real Property?
2007-03-05 05:48:03 How about this: a written memorandum that sets out a short description of the property, the price ($16,750.00 listed, but was missing digits and meant by both parties to be $16,750,000.00). The memorandum included a formula to determine the price, and was signed by the buyer and then followed by a letter confirming the terms, signed by both the seller and the buyer, together with a good-faith deposit. Don't get fooled by the missing digits; the parties both agreed the figure was meant to be $16,750,000.00. Still think these writings were sufficient? Here's a clue: to create a legal, binding agreement requiring one party to sell property to another, you generally must have: (1) a description of the property; (2) a description of the price; (3) a written document containing those terms; and, (4) the signatures of both parties. So, except for the missing digits, it sounds simple enough, right? ... More About: Property , Men , What , Take , Hat
MIPTC Posting On Political Mavens Site
2007-03-01 17:45:03 MIPTC has been invited, along with almost 200 other bloggers, to post on the Politica l Mavens website. Some of the more prominent posters include George Will, Cokie Roberts, Ed Koch, Dave Barry, Mitch Albom, Bill O'Rielly, and many others you'll probably recognize.According to the head maven, Binyamin Jolkovsky, Political Mavens ranks in the top 10% most-visited sites on the web. MIPTC will continue right here, so you don't need to change channels, but a quick view of our sister site will expand your horizons. More About: Post , Site , Sting
Lawyer To Lawyer Internet Radio Goes to Divorce Court
2007-03-01 17:45:03 The idea of marriage and divorce is not what it was years ago for many people. On Lawyer 2 Lawyer, we look at divorce law today and explore the world of marriage and how it has changed over the years. Join me and my fellow Law.com blogger and co-host Robert Ambrogi as we welcome experts Attorney Sherri Donovan, owner of the law firm, Sherri Donovan & Associates, P.C. and author of the published book, "Hit Him Where It Hurts-The Take No Prisoners Guide To Divorce " and Attorney Daniel E. Clement, principal in the Law Offices of Daniel E. Clement, and writer of the blog entitled, "New York Divorce Report, New York's Family and Law Blog." Don't miss it! More About: Radio , Internet , Inter
Can You Curse At The Airport?
2007-03-01 17:45:03 MIPTC doesn't recommend it, even though I was a sailor at one time and can keep up with the best of them.Curse , that is.It seems that Elizabeth Venable, a Ph.D. candidate at UC Riverside (in dance history and theory, of all things), was leaving the baggage area at the John Wayne Airport and turned the air blue. A nearby Sheriff's Deputy heard the foul language, and concerned about the effect on nearby children, cautioned the woman to mind her tongue, as my Grandmother would say. Venable instead asked an expletive-laden question of the Deputy, and was promptly cited for a misdemeanor.More properly, for violating an Orange County law that bans "disorderly, obnoxious [or] indecent" behavior at the airport. MIPTC was unaware that we actually had a separate set of laws that apply at the airport, but apparently there's more trouble down there than I knew.Perhaps not too surprising, she was none too happy with the misdemeanor charge, so she... More About: Port , The A
US Patent Holders Can't Use US Courts To Enforce Foreign Patents
2007-02-28 05:43:02 Many EU countries and patent holders outside the US breathed a sigh of relief earlier this week because of something that didn't happen. The United States Federal Court of Appeals decided not to decide.Foreign patents, that is. It seems that Jan K. Voda, M.D. wanted to enforce three Angioplasty guide catheter patents granted by the USPTO to him. He brought suit against Cordis Corporation, a medical device manufacturer in Oklahoma. Voda also alleged that Cordis was selling the catheter in foreign countries and those sales violated foreign patents that Voda held.Since Voda was already in US District Court in Oklahoma over his three US patents, he figured that he might as well get two for one: he asked the Court to assume supplemental jurisdiction over the foreign patents. That court let him try, but the US Federal Court of Appeals reversed that decision.Trouble is, there are several foreign conventions and provisions in ... More About: Force , Courts , Patents , Patent
Estate Planning Protects Your Family From Interlopers
2007-02-26 17:42:01 Estate planning may change everything for those trying to gain legal recognition as Anna Nicole Smith's child. CNN reports that her estate planning may preclude the father-to-be from sharing in any inheritance. See you favorite lawyer and protect your family. More About: Family , Estate , Inter , Planning , Your
Merry President's Day
2007-02-26 17:42:01 Or is it Happy President 's Day? In any event, MIPTC wishes you a pleasant holiday. More About: Side , Resident , S Day , Merry
Why Does E-discovery Matter?
2007-02-26 17:42:01 Let's say you own a radio station in Florida, and let's call it WTKE, for example. Back in 2003, you sign an agreement to sell your radio station to a company we'll call Quantum Communications. As part of that agreement, you promise not to continue to shop your radio station for sale. You agree to sell your radio station to Quantum for $3,000,000.It takes awhile for the sale to go through, but while it is in process, Quantum gets wind that you may be trying to sell your radio station to someone else, let's say a company called Cumulus Media, so they sue you. Quantum also alleges that you're doing everything possible to stymie the sale of your radio station. You deny everything. Once the lawsuit starts, Quantum's lawyers request copies of your computer's hard drive, and all the emails that are on it. They apparently get nowhere. Undeterred, Quantum's lawyers subpoena the hard drive of the presid... More About: Discovery , Matter , Cover , Matt , Over
Check That Credit Card Recepit - You Could Be Sued
2007-02-26 17:42:01 Under the Federal Fair and Accurate Credit Transactions Act, cash register receipts cannot display either the expiration date or more than the last five digits of a customer's credit card number. The law went into effect at the end of last year in December 2006, but applies only to registers in use before January 1, 2005. Credit card machines produced after that date had to be in immediate compliance. So, now's a good time to check your credit card receipts because nearly forty-five lawsuits have been filed in and around Los Angeles County, California, alleging violations of the Act. Penalties range up to $1,000 per incident, and the suits can be filed as class actions, multiplying the penalties dramatically.Lawyers who filed the suits chose California because of a favorable interpretation of the Act by the Ninth Circuit, which view noncompliance as "reckless disregard" of the Act, while other circuit court... More About: Card , Hat , Check , Edit
Can You Truly Be Anonymous?
2007-02-26 17:42:01 The Internet provides a perhaps comfortable feeling that you can sit in front of your computer monitor and no one will ever find out who you are. Feelings aside, the assumption is far from the truth. Your particular computer is identified by its own IP (Internet Protocol) address. Sure, sophisticated users can attempt to spoof IP addresses, but nothing truly works to hide your identity. Even aside from the technological issues, Internet users have used monikers and other "anonymous" names to hide their identity. For the most part, those attempts don't work, either.Several prominent bloggers have found out the hard way.Anon yomity is sometimes troubling to those who are attacked anonymously on various websites and chat rooms, and at least one of those individuals took steps to "out" the anonymous attacker. In Teaneck, New Jersey, a firefighter and the town council had a long-running, 10-year litigation battle o... More About: Anonymous
Lawyer to Lawyer Smokes Out The Latest Supreme Court Punitive Damages Rulin
2007-02-25 17:41:02 In the recent case, Philip Morris USA v. Williams, the Supreme Court ruled in favor of the corporate giant in a punitive damage suit. On Lawyer 2 Lawyer, we will discuss the power of the tobacco industry and big business, the Supreme Court justices and this controversial ruling.Join me and my fellow Law.com blogger and co-host and Bob Ambrogi as we once again turn to experts Michael Gerhardt, professor of law at UNC School of Law, J. David Prince, professor of law at the William Mitchell College of Law and Mark Gottlieb, Executive Director of the Public Health Advocacy Institute at Northeastern University School of Law in Boston, to discuss this ruling. Don't miss it! More About: Smoke , Test , Smokes
What's Your View Of TV Legal News Coverage? Tune In For An Update
2007-02-22 05:39:01 If you have an opinion about television legal news coverage, then you'll want to be aware of this excoriating piece on Nancy Grace's handling of the Duke Lacrosse team and an alleged rape case, tellingly titled: Graceless. MIPTC has an opinion about Nancy's show, which I've not kept to myself, and which has been mirrored by the Eleventh Circuit's review of Nancy Grace's behavior as a Fulton County District Attorney's Office prosecutor. The Court found that she "played fast and loose with her ethical duties" under the Constitution.Her television coverage has been no different. More About: News , Legal , What , Hat , Your
E-discovery Battles And Consequences Come Home To Roost For New York Compan
More articles from this author:2007-02-22 05:39:01 A company formerly known as NTL, Inc. (now known by the more familiar Virgin label of Virgin Media, Inc.) got itself into hot water recently by failing to preserve e-mails of 44 of its top executives and directors in securities litigation. When it was first sued, the company issued a document preservation order to its employees. Later, however, the company went into bankruptcy and was purchased by NTL Europe, Inc.It took some time for the new company to let the Court know of the merger, and the judge was none to happy about the delay, especially when he discovered that the purchaser had failed to retain all of NTL, Inc.'s e-mails.When they discovered the lapse in document preservation protocol, the plaintiffs in the securities litigation against NTL, Inc. sought an order from the judge for a finding of an adverse inference and payment of their attorneys fees. The "adverse inference" can be quite damning at trial. Essentially, when plaintiffs try... More About: New York , Discovery , Home , Comp , York 1, 2, 3, 4 |
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