Mascots, flags and logos have almost always been a part of American Sports, whether on the high school, college, professional, or even pee-wee level. However, some sports teams have nicknames and mas¬cots that have been the target of the politically correct...

  Previously, I wrote about the responsible corporate officer doctrine , which permits in some circumstances a finding of personal liability against an officer of a corporation for liability that has been imposed upon the corporation. The...

The California Supreme Court has authorized the use of DNA warrants when a suspect’s name is not yet known.   The court ruled 5-2 that a suspect’s  DNA profile can serve as the unique identifier in place of an unknown...

Even if you have lived your entire life in an urban environment, you have that vision of what it was once like – people flocking to the courthouse square in a small county seat to see justice handed out. Small town lawyer Matthew McConaughey as Jake...

The Supreme Judicial Court of Massachusetts, reversing the lower court rulings, ruled in favor of a Boston newspaper, The Enterprise, in a libel suit by a former official of Abington. The official, James Howell, served as the superintendent of the sewer...

  All of the speeches, protests, accusations, and other activities at the United Nations climate change summit in Copenhagen are fading from the headlines. We may see some substantive changes in public policy occur in the next year because of the...

“A gulf profound as that SERBONIAN Bog Betwixt DAMIATA and mount CASIUS old, Where Armies whole have sunk:” John Milton, Paradise Lost , Book II (1667)   The Serbonian Bog, supposedly located in lower ancient Egypt...

One of the most important concepts that we inherited from the English common law was that of sovereign immunity, that a sovereign could not be sued without its consent. For over 150 years after the founding of our nation, an impenetrable levee surrounded...

One thing that we all learn the first year of law school is that civil procedure is possibly the least glamorous subject in all of the law. The irony of course is that civil procedure is critically important to every litigator’s won-loss ratio. Do...

Over sixty-five years ago, the United States Supreme Court articulated what has become known as the “Responsible Corporate Officer” doctrine. In United States v. Dotterweich , 320 U.S. 277, 64 S. Ct. 134; 88 L. Ed. 48 (U.S. 1943), the Supreme...

Recently I discussed a court ruling that was a reminder to legal counsel for commercial landlords to carefully draft leases. In Landmark HHH, LLC v. Gi Hwa Park , 277 Va. 50 (Va. 2009), the Supreme Court of Virginia held that an exculpatory clause...

With the current rash of foreclosures, scams and scam  artists are popping up all over, trying to take advantage of people already suffering through difficult  times.       Melissa A. Huelsman, Esq....

To What Extent is a Landlord Responsible for Ongoing Criminal Activity on the Premesis?                               ...

If you represent a small business owner who is interested in establishing an online presence, your assistance in registering the domain name of the business will be essential. The Domain Name System The Domain Name System (DNS) helps users to...

Recently I discussed the continued viability of punitive damages, examining the recent decision of the Supreme Court of Tennessee in Flax v. DaimlerChrysler Corp. , 272 S.W.3d 521 (Tenn. 2008). Although Tennessee is perceived to be a pro-business, politically...

The federal judge who has presided over much of the September 11th World Trade Center litigation issued an important decision last month, In re September 11 Litig. , 2009 U.S. Dist. LEXIS 73223 (S.D.N.Y. Aug. 13, 2009), concerning the plaintiff lessee of...

The awarding of punitive damages has been under attack for almost two decades, both by business interests and by those who argue for tort reform and a smaller role of courts in our society. The Supreme Court of the United States appeared to have put the...

The Creditors of a Master Ice Carver Fail to Recover the Melting Debts of His Ice Carving Business through Reverse Piercing of the Corporate Veil                                                   ...

It’s late afternoon when the partner that you report to drops a file on your desk and informs you that the client needs an answer by the end of business tomorrow. The client is an excess insurer that wrote an umbrella insurance policy for a chain...

If a local zoning code does not protect the water view from your home from obstruction by the construction of a “McMansion”, can you turn to the federal courts for relief? A federal court ruled this summer in Puckett v. City of Glen Cove , 2009...

Brew some coffee. Stock up on the junk food. Forget about sleep.   It’s time for the New Appleman Xtreme Blog Challenge. Beginning July 30, 2009, law students and junior attorneys are invited to enter the Challenge by submitting a blog...

To view this free sample complaint, click the link below. Registration is required, but it’s free and easy! Lexis.com features a collection of briefs and motions from both federal and state jurisdictions, including the U.S. Supreme Court,...

To view this free sample complaint, click the link below. Registration is required, but it’s free and easy! Lexis.com features a collection of briefs and motions from both federal and state jurisdictions, including the U.S. Supreme Court,...

Paying bills used to be so complicated, and so filled with the unknown. An insurance premium was past due and the insurer had sent a notice of cancellation. The insured wrote a check, stuck a stamp on an envelope, took it to the post office, and hoped that...

Rule 4.2 of the ABA Model Rules of Professional Conduct instructs us that “In representing a client, a lawyer shall not communicate about the subject of the representation with a party the lawyer knows to be represented by another lawyer in the matter,...

Earlier this year I discussed the companion cases of Bi-Economy Mkt., Inc. v. Harleysville Ins. Co. of N.Y. , 886 N.E.2d 127 (N.Y. 2008), and Panasia Estates, Inc. v. Hudson Ins. Co. , 886 N.E.2d 135 (N.Y. 2008), in which the New York Court of Appeals...

The right to an accounting by a partner during disputes or at the dissolution of a partnership had long been recognized. The right of a member of a limited liability company (LLC) to an accounting has not been as clear, even though LLCs have been widely...

In law school we are taught the sanctity of the corporate veil; that one of the purposes of the corporate structure is to protect the owners/shareholders of corporations from personal liability. One of my favorite law school examples was the taxi owner who...

A federal judge has ruled against an increasingly common practice of real estate brokers in Vicki Busby v. JRHBW Realty, Inc. , 2009 U.S. Dist. LEXIS 41720 (N.D. Ala., Apr. 20, 2009). The District Court ruled that the charging of unearned administrative...

When President Obama nominated Judge Sonia Sotomayor to serve as a justice of the U.S. Supreme Court, he talked not only about her broad legal experience and distinguished career, but also about the importance of empathy – the ability to walk in someone...

On Tuesday, the California Supreme Court, in Strauss v. Horton , 2009 Cal. LEXIS 4626 (Cal. May 26, 2009), upheld Proposition 8, which was approved by the voters last fall and banned same-sex marriages in California. The decision, though, leaves intact...

If you live in one of the nine community property states, property is not necessarily distributed equitably in a divorce action. Instead, marital property must be characterized as either community or separate prior to any distribution.   Asset...

Last Saturday, President Barack Obama said that he wanted a Supreme Court nominee that had a “common touch” and empathy, who could “stand in somebody else's shoes and see through their eyes and get a sense of how the law might work or not...

"Closing" a transaction is one of the most important duties performed by a junior business attorney. A transaction is considered closed when all requisite documents have been negotiated, signed and delivered, any instruments or certificates have...

In an Emerging Issues Analysis, Professor David Nimmer offers a comprehensive examination of constitutional challenges to the anti-bootlegging provisions of the Uruguay Round Agreements Act: 17 U.S.C. § 1101, creating civil liability for...

“ Don't be alarmed, we're taking over the ship .”   The words of a Somalian pirate capturing another ship in the Gulf of Aden? Hardly. Those were the words of America’s favorite pirate, Jack Sparrow, as he prepared to commandeer...

No doubt about it --- the LGBT equality movement turned a corner this spring and there’s no turning back! First the Iowa Supreme Court issued an emphatic, unanimous decision in favor of marriage equality in Lambda Legal's Varnum v. Brien case....

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) appellate decisions are often complex and difficult to read tomes, filled with multiple United States Code sections and acronyms. On May 4, 2009, the United States Supreme Court...

Deciding who will receive the marital home is one of the most difficult issues in a divorce. Generally, the parties’ home is the most valuable asset of the marriage. It is also often the center of family life, especially if there are young children...

If you spend any time at all practicing family law, you will likely find that assisting clients with adoptions is one of the most rewarding aspects of your practice. The process is pretty simple overall, and the clients are generally very positive and happy....

You may be amazed by the number of potential clients who meet with you to request to have their marriage annulled. Many people believe that their marriage can be annulled because it has not lasted for very long. Others need an annulment rather than a...

The task of drafting and negotiating a commercial lease can be daunting to the uninitiated practitioner. The attorney must not only have a grasp of the basic real estate concepts underlying a lease agreement, but also must have a working knowledge of the...

Three weeks ago, the United States Court of Appeals for the First Circuit ruled in favor of an insured in a commercial general liability (CGL) insurer’s declaratory judgment action that had sought a declaration that the insurer did not have a duty to...

Library Journal posted an article about the mixed response from Amazon over whether a library can lend a Kindle device with books loaded onto it. An Amazon sales rep said “yes,” Amazon officials said “no,” but the law may say...

When you are assigned your first employment discrimination case, there are definitely specific considerations that you should keep in mind. The following checklist addresses several nuances of this practice area and also provides a general overview of burdens...

As a mediator, I always have two goals when entering the room: to maximize the likelihood of a fair settlement and to ensure a day where my reputation will be enhanced. If I succeed with those two goals, I do command respect. I often see...

In a recent Emerging Issues Analysis, Certified Structured Settlement Consultant Teddy Snyder shared her expert advice on why, when, and how parties to a workers' compensation case should settle. The author writes: Unlike liability cases that have...

So you have your tickets for Beyoncé’s “I AM…” concert. Or maybe you are planning to see Jimmy Buffett and the Coral Reefer Band when they come to your favorite venue. Concert music not your gig? How about taking your kids...

The obligation to mitigate damages for the breach of a contract is a staple of hornbook law. This obligation is so ingrained in our system of jurisprudence that most jurisdictions have refused to enforce contractual waivers of the obligation to mitigate damages....

You've written a motion and submitted it to the court. The court has set it for oral argument - now what? Preparing to argue a motion can be a nerve-racking experience. However, motion practice is an exciting and enjoyable experience if you adequately prepare...

Taking your first deposition can be one of the most exciting experiences in a young litigator's career. Although the fact of the matter is that depositions really aren't that glamorous or exciting -- there won't be many "Perry Mason moments" in...

In January 2009, the NCUA (National Credit Union Administration), the Federal Reserve Board, and the OTS (Office of Thrift Supervision) adopted the Consumer Credit Card Account Practices Rules designed to protect consumers who use credit cards from unfair...

Should consumers be bound by waivers in arbitration agreements of the right to bring class actions, and where do the courts stand on the enforceability of class action waivers? As with so much in the law, it depends upon whom you ask.   Alan S....

In an Emerging Issues Analysis, Associate Professor James L. Carey suggests that by regularly taking the extra steps to understand the needs of your clients, including those needs documented in the boilerplate, you can better protect your clients customer...

Plaintiffs’ counsel are always seeking new avenues from which to recover damages. In my last article, I discussed two recent New York rulings that permitted an insured to bring a breach of contract action seeking consequential damages against an insurer....

We all remember that first lesson on breach of contract damages. Our first day in Contracts, our own version of Professor Kingsfield of The Paper Chase , glowering up at a classroom of 1Ls and picking on the meekest of us to explain those infamous words...

This is the last of four posts covering the presentations of Stinson Morrison Hecker partner Michael Tucci and Kilpatrick Stockton partner Rex Veal delivered on January 15, 2009, a the “FDIC & The New Banking Crisis” conference in Washington,...

This commentary provides a state-by-state survey of key workers' compensation legislation from June to December 2008. Governors in California, Hawaii, New York, and South Carolina provided an extra level of action related to workers compensation law. Things...

The outrage over the millions in taxpayer dollars paid in bonuses to AIG employees induced a frantic search to discover ways to address this putative injustice. Leading contract law authority Dr. John Murray, Jr. examines several tenets of contract law raised...

Whether the parents are in the process of obtaining a divorce or legal separation, have established paternity, have separated from a non-marital relationship, or wish to change custody, you will have many occasions to represent the noncustodial parent. Although...

SUMMARY : Since the 2000 Electronic Release, company Web sites have progressed to include blogs, shareholder forums and a variety of other information of interest to investors -- information produced both by the company and third-parties. The release of...

A landmark case is defined in Ballentine's Law Dictionary as “A reported case of great importance in establishing a legal proposition of law.” While the recent decision of the Supreme Court of Virginia in Landmark HHH, LLC v. Gi Hwa Park, 277...

In 2007, the Florida Legislature enacted Fla. Stat. § 741.313 (2007), entitled Unlawful Action Against Employees Seeking Protection. Section 741.313 requires employers in Florida with 50 or more employees to grant domestic violence victims up to three...

If your career path is in insurance or real estate litigation, you may become immersed in moldy law. Not moldy as in old, like those wonderful ancient law school real property topics of the Rule in Shelley’s Case and the Rule against Perpetuities, but...

SUMMARY: As the economy continues to weaken across all sectors, consignment arrangements may become more attractive to dealers. In the typical consignment, the consignor is a manufacturer of goods that wishes to sell them in the market. The consignee is a...

Traditionally, grandparents have had no rights to custody, or even visitation, of their grandchildren. Within the last several years, however, grandparents have been gaining rights in this area. In fact, most states allow visitation, and several now allow...

This is the third of four posts covering the presentations of Stinson Morrison Hecker partner Michael Tucci and Kilpatrick Stockton partner Rex Veal delivered on January 15, 2009, a the “FDIC & The New Banking Crisis” conference in Washington,...

To view this free copy of the Complaint for Patent Infringement filed by Qualcomm, click the link below. Registration is required, but it’s free and easy! Lexis.com features a collection of briefs and motions from both federal and...

"A patent is a right granted by the government that allows the patent owner to exclude others from practicing the invention during its term. This right is grounded in the U.S. Constitution, which has authorized Congress to create protection for inventive...

Scott M. Fogg, of the Hunsinger Law Firm, has posted a very helpful jury selection primer on Lawlink.com. Some highlights: If you are going to present expert witnesses, prepare the jury for that fact during jury selection Favor jurors who...

Among the subsets of asbestos litigation are claims arising from shipyard workers exposed to asbestos in gaskets as they installed or removed them.   Two attorneys faced off on the issue during a Jan. 22, 2009 teleconference produced by HB Litigation...

To view this free sample Fair Housing Complaint, click the link below. Registration is required, but it’s free and easy! Lexis.com features a collection of briefs and motions from both federal and state jurisdictions, including the...

Determining the compensability of so-called "mental-mental" cases—those instances in which a mental (as distinguished from a physical) impact or stimulus results in a mental injury or occupational disease—is among the most challenging...

"In a surprisingly short period of time, the United States has evolved from an industrial to an information- and services-based society. Our postindustrial era is marked by rapid technological change in which our ability to reproduce and receive information...

When I was a prosecutor, defense attorneys, not always in jest, would say to me that something was rotten and stinking up the prosecutor’s office. But I never found the cause of that stinking smell. Apparently in the District Attorney's Office for St....

This is the second of four posts covering the presentations of Stinson Morrison Hecker partner Michael Tucci and Kilpatrick Stockton partner Rex Veal delivered on January 15, 2009, a the “FDIC & The New Banking Crisis” conference in...

On February 17, 2009 President Obama signed into law the much publicized American Recovery and Reinvestment Act of 2009 (ARRA) which contained $787 billion worth of tax incentives and spending provisions intended to help revitalize the economy. The provisions...

On February 17, 2009, President Obama signed major new legislation known as the “stimulus bill” which provides $787 billion of tax incentives and spending provisions to improve the economy. To understand the tax implications for your clients,...

You may hear the practice of law described as putting out fires, and your job as that of a fireman. We are frequently called in after the blaze at the corporation is out of control. Much as a fireman asks over and over, ‘Why do people smoke in bed?’,...

To view this free sample complaint, click the link below. Registration is required, but it’s free and easy! Lexis.com features a collection of briefs and motions from both federal and state jurisdictions, including the U.S. Supreme...

If you practice family law, you will need to be familiar with how to collect past due child support in your jurisdiction. Unfortunately, the nonpayment of support is a very common problem. It is amazing at how skillful some payors can be at avoiding their...

To view this free sample complaint, click the link below. Registration is required, but it’s free and easy! Lexis.com features a collection of briefs and motions from both federal and state jurisdictions, including the U.S. Supreme Court,...

To view this free sample complaint, click the link below. Registration is required, but it’s free and easy! Lexis.com features a collection of briefs and motions from both federal and state jurisdictions, including the U.S. Supreme Court,...

To view this free sample motion for sanctions, click the link below. Registration is required, but it’s free and easy! Lexis.com features a collection of briefs and motions from both federal and state jurisdictions, including the U.S....

To view this free sample motion for sanctions, click the link below. Registration is required, but it’s free and easy! Lexis.com features a collection of briefs and motions from both federal and state jurisdictions, including the U.S....

To view this free sample complaint, click the link below. Registration is required, but it’s free and easy! Lexis.com features a collection of briefs and motions from both federal and state jurisdictions, including the U.S. Supreme Court,...

To view this free sample complaint, click the link below. Registration is required, but it’s free and easy! Lexis.com features a collection of briefs and motions from both federal and state jurisdictions, including the U.S. Supreme Court,...

To view the free sample of this summary judgment motion that was filed in the United States District Court for the Eastern District of Louisiana, click the link below. Registration is required, but it’s free and easy!   Lexis.com features a...

In an article written for law.com, Ronald J. Levine and Susan L. Swatski-Lebson examine whether information posted on social networking sites is discoverable. In the piece, the authors provide practice tips on how to make the information discoverable and...

To view this free sample motion to compel discovery, click the link below. Registration is required, but it’s free and easy!   Lexis.com features a collection of briefs and motions from both federal and state jurisdictions, including...

To view the free sample complaint that was filed in the United States District Court for the Northern District of Illinois, click the link below. Registration is required, but it’s free and easy!   Lexis.com features a collection of...

If you practice real estate law, you need to become conversant with Green Building Law. Maybe your clients not have yet become exposed to green building provisions in contracts or green building governmental regulations or incentives, but they soon will be....

Invariably when he is working for a client in litigation with the FDIC, Stinson Morrison Hecker partner Michael Tucci says “four words come out at some point in time. Those four words are, ‘They can't do that.’ My response is virtually...

The last several months may have seemed a bit like a reunion for veteran banking litigators, Hughes Hubbard & Reed’s Dennis Klein told participants at the opening of a two-day conference on the FDIC and the New Banking Crisis held in mid-January. When...

“In the broadest sense, administrative law involves the study of how those parts of our system of government that are neither legislatures nor courts make decisions. These entities, referred to as administrative agencies, are normally located in the...

"You may be pleasantly surprised to learn that Trusts and Estates is not about dead people. Rather, it is the study of ways to help living people solve real family problems. If your clients have aging parents, if they have just lost a spouse, if they...

Understanding Sales and Leases of Goods offers a concise, yet comprehensive survey and analysis of the legal principles that affect the law governing sales and leases of goods. Clearly written and logically organized, this book presents an integrated...

Significant disparity exists among the states in terms of their unclaimed property reporting requirements. However, an increasing number of states are recognizing that the benefits of identifying best practices, establishing national standards, and achieving,...

If your client and the other spouse file a joint tax return while the divorce is pending in order to obtain more favorable tax treatment, it is important to understand that generally both parties are jointly and severally liable for any mistakes or omissions...