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Not Again! Two More Cases, Just this Week, of Hallucinated Citations in Court Filings Leading to Sanctions

LawSites

Yet it happened again this week — and it happened not once, but in two separate cases, one in Missouri and the other in Massachusetts. In fairness, the Missouri case involved a pro se litigant, not a lawyer, but that pro se litigant claimed to have gotten the citations from a lawyer he hired through the internet.

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Beyond the Limit: The Battle Over Copyright Back-Damages in Warner Chappell Music v. Nealy

Patently O

If the discovery rule is upheld, the Court may also delineate its contours around due diligence and the copyright holder’s duty to search for infringement — providing guidance on when the copyright owner “should have known” about the infringement.

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Leaving Your Firm? Aim for a Joint Notice to Clients

Attorney at Work

The Missouri Supreme Court emphasized this point in its landmark case In the Matter of Cupples. For example, you should not urge them to pack up their business; rather, you should let diligence in their matters steer your willingness and ability to continue providing legal services in their direction. Again, see ABA Formal Op.

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Build Strong Lawyer and Client Management Skills

MyCase

For example, the rules of professional conduct for the Missouri Bar and Judiciary rule 1.4 of the American Bar Association Model Rules of Professional Conduct states that “A lawyer shall act with reasonable diligence and promptness in representing a client.” Check your local state bar rulings on this matter.

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Arbitration (again), habeas (again), and excessive police force (again)

SCOTUSBlog

Among other things, AEDPA precludes a federal court reviewing a conviction on habeas from considering evidence outside the state-court record if a prisoner or his attorney failed to diligently develop the claim’s factual basis in state court, subject to exceptions not relevant here. Louis, Missouri , 20-391. Louis, Missouri , 20-391.

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Holding protest organizers liable for injuries

SCOTUSBlog

The court also denied review in a case in which the Missouri Department of Corrections claimed it had been deprived of a fair trial in an employment discrimination case because the judge struck potential jurors who had religious objections to homosexuality. We should know more soon. Tune in next week when I’m proven wrong. Until next time!

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July 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Biden Administration Asked Missouri Federal Court to Dismiss States’ Challenge to Actions on Social Cost of Greenhouse Gases. Missouri v. United States are currently not available on the website.]. Biden , No. 4:21-cv-00287 (E.D. motion to dismiss June 4, 2021).

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