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Litigation

Top 5 Tips for Lawyers Arguing Their First Appeal

Back in 2010, I wrote an article for this blog on Top 10 Tips for Young Trial Lawyers It remains one of the most viewed and re-viewed articles on my blog. Since its publication, there has not been a week that it has not been viewed. This week, I judged New York Law School’s Wagner […]

Categories
Litigation

For Want of a Comma $5 Million Was Lost

English majors and writers all over the world know the value of and cherish the Oxford comma. But I doubt anyone knows its true worth more than a Maine dairy company that had to fork over $5 Million to its truck drivers because an overtime law failed to include an Oxford comma in its lists […]

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Constitutional Law Litigation Restaurant and Hospitality Law

Can the Visually Impaired “See” Your Website? If Not – You May be Sued!

It seems odd that a company or business could be sued over its website not being able to be read by the visually-impaired, but more and more companies are facing lawsuits brought by the visually-impaired (and their lawyers of course)over such claims. Claims have also been brought by the hearing-impaired against companies with websites that […]

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Employment Law Litigation

NY Appeals Court: No, You Can’t Fire Someone Because They’re “Too Cute”

Dilek Edwards worked as a massage therapist for Manhattan chiropractor Charles Nicolai, who is married to former Playboy centerfold Stephanie Adams. Adams is also a co-owner of the chiropractic practice. About a year into her employment Edwards began giving yoga lessons to Nicolai. Nicolai one day informed Edwards that his wife is likely to become […]

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Constitutional Law Intellectual Property Litigation

SCOTUS Ends Forum Shopping in Patent Cases

Well the docket of the Eastern Texas Federal District Court is going to get much lighter in the coming months and years. In a unanimous 8-0 decision, in a case titled TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court held that a person or entity claiming patent infringement must bring the […]

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Constitutional Law Litigation

Hush Your Pretty Little Mouth: Gender and Interruption at the Supreme Court

In Adam Liptak’s NY times column today, he reports about a Northwestern University Law School study that examined the esoteric issue of interruptions in Supreme Court arguments.The study looked at 7,239 interruptions of justices and lawyers by other justices and lawyers occurring between 2004 through 2015. Now, that’s a lot but interruptions are part of […]

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Constitutional Law

It Took Trump To Make People Appreciate Lawyers

I love being a lawyer and have loved being a lawyer since I was admitted to practice more than 30 years ago. So, as a lawyer who loves being a lawyer, I have always been somewhat saddened and confused by the general population’s contempt for lawyers. We’ve all heard the numerous lawyer jokes and seen […]

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Constitutional Law Copyright Law Intellectual Property Litigation

Troll Lawyer Denied Attorney’s Fees in Copyright Lawsuit

In an important decision from the Federal Court for the District of Oregon, a court has denied attorney’s fees to a successful copyright litigant because the court ruled that in this instance the award did not further the purposes of the Copyright Act. The lawsuit involves the pervasive litigation filed by porn companies against folks […]

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Litigation

Colorado Theater Shooting Victims Stuck with $700,000 in Defendants’ Legal Fees

In 2012, James Holmes killed twelve people and injured seventy others in a ten-minute rampage at a screening of “The Dark Knight Rises.” Forty-one victims filed lawsuits some in Federal court and others in State court. According to the state lawsuit, the theater companies failed to hire sufficient security personnel in light of a previous […]