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Wednesday, November 23, 2011

Y! Alert: Law.com - Newswire


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Would Adjunct Faculty Fix the High-Cost Problems of Law Schools? Top
The high cost of attending law school amid a belt-tightening economy raises many questions about the value of a tuition dollar -- among them, what does one actually learn for $150,000? One law professor says schools should employ more adjuncts, who cost less and can teach practical lawyering skills. The hurdle, however, is the ABA's accreditation standards, which specify allowable ratios of students to full-time faculty.
 
Lawyers File Complaint Against Second Mile, Seek Injunction Top
Two lawyers representing an alleged victim in the Jerry Sandusky sex abuse scandal have filed a complaint against The Second Mile, the charity through which the former coach allegedly met several of his victims. The lawyers have also filed for an injunction to assure the charity does not dissipate its assets.
 
Judge Rejects Credit Rating Agencies' First Amendment Defense in Mortgage-Backed Securities Class Action Top
For the first time, a federal judge overseeing a securities class action tied to the subprime meltdown has squarely rejected arguments by the credit ratings agencies that their wildly overgenerous ratings on mortgage-backed securities amount to protected speech under the First Amendment.
 
Federal Circuit denies compensation to Vaccine Act claimants, reversing claims court Top
The Federal Circuit has reversed a ruling by the U.S. Court of Federal Claims that two petitioners were entitled to compensation under the National Vaccine Injury Compensation Program, finding that the claims court was mistaken in rejecting findings of a special master.
 
In the next argument cycle, ex-SGs abound Top
In the Supreme Court argument cycle that begins Monday, three former solicitors general will argue before the justices, with Paul Clement facing off against his successor, Gregory Garre, in one case. Garre will be arguing twice in two weeks, which he says "certainly magnifies the challenge."
 
Judge Sam Sparks of the U.S. District Court for the Western District of Texas Top
U.S. District Judge Sam Sparks of Austin talks about the role of humor in the courtroom.
 
Recorder Roundtable: Employment Law Top
Four experts discussed recent developments in employment law at a Recorder Roundtable on Nov. 9 in San Francisco.
 
John Green on Improving the User Experience Top
John Green, CIO of Baker Donelson, speaks at ILTA with LTN's editor in chief, Monica Bay, about an initiative to improve the user experience at his firm by tracking and mapping every application in use using the Aternity Frontline Performance Intelligence software.
 
Janet Day on Law Firm IT 'Nirvana' Top
LTN reporter Evan Koblentz speaks with Berwin Leighton Paisner CIO Janet Day about her "concept of nirvana," in which the consumerization of IT in law firms -- where lawyers use and maintain their favorite devices for work -- makes the help desk unnecessary. Koblentz and Day also discuss Hewlett-Packard's move to become more consumer-focused as Apple potentially becomes more business-focused.
 
Judge approves Bank of America overdraft settlement Top
A federal judge in Miami has given final approval to a $410 million class action settlement with Bank of America over its overdraft fee practices, including attorney fees totaling $123 million. The 30 percent contingency fee, which includes expenses, was granted to more than 30 law firms.
 
No Reasonable Expectation of Privacy on Facebook, Judge Says Top
Saying there can be "little expectation of privacy" on a social networking site, a Pennsylvania judge has ordered a plaintiff in an auto accident case to turn over her Facebook username and password to the defendant, since the Facebook page brought up questions about the extent of the plaintiff's injuries.
 
Noting Growing Acceptance, Circuit Denies Sanction for Ghostwriting Top
Addressing head-on for the first time the issue of attorney ghostwriting, the 2nd Circuit has said that a Manhattan immigration attorney did not engage in sanctionable misconduct when she drafted petitions for parties appearing pro se.
 
Former ADA Is Denied Immunity for Non-Prosecutorial Activities Top
A 2nd Circuit panel has reinstated a lawsuit accusing a former assistant district attorney of misconduct in the prosecution of a domestic violence case, reversing a lower court's ruling that he was absolutely immune from the suit.
 
Equitable Limits Apply to ERISA Subrogation Top
A unanimous panel of the 3rd U.S. Circuit Court of Appeals has ruled that subrogation claims in cases under the Employee Retirement Income Security Act of 1974 can be limited at courts' discretion by equitable defenses and principles such as unjust enrichment.
 
Linear Technology On the Hook for $8.4 Million in Attorneys Fees Top
A California court of appeal has upheld a defense judgment in favor of Novellus Systems and Tokyo Electron in a protracted contract fight over semiconductor processing equipment. The decision left plaintiff Linear Technology on the hook for $8.4 million in attorney fees in the breach of contract case.
 
Contract trumps alleged sales claims in condo view lawsuit Top
A unanimous Georgia Supreme Court has ruled that condo owners who sued a developer when "spectacular city views" promised by salespeople were eclipsed by a new condo tower should have paid attention to contract disclaimers that warned that the views might change after the units were purchased.
 
Judge Sides With Netflix on Claims It Colluded With Wal-Mart Top
Finding that class members did not personally pay higher prices for subscriptions as a result of any deal between Netflix and Wal-Mart, a California federal judge has granted summary judgment in favor of Netlix in an antitrust class action claiming it colluded with Wal-Mart to divide up the market.
 
Fees Issue Voids Legal Mal Suit Against Duane Morris Top
Business owners who sued Duane Morris for malpractice over the representation of the sale of their business could not recover any damages because they were limited to recovery of attorney fees and had never paid the firm its fees, a Philadelphia judge said.
 
$3 Mil. Workers Comp Accord Reached in $38 Mil. Dram Shop Case Top
A former highway construction worker who was awarded nearly $38 million and later settled for an additional $20 million with a third-party insurer after he was left quadriplegic by an allegedly drunken driver has reached a $3 million settlement with his employer's workers' compensation carrier.
 
Forcing Adverse Party To Sign Waiver Of Ethics Grievance Draws Reprimand Top
A lawyer's attempt to shield himself from discipline via a release in a divorce agreement was not only void -- it was itself an ethics violation, the New Jersey Supreme Court has ruled, finding that the lawyer knew the release was unenforceable but included it as a tactical block against the client's wife.
 

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