Tue.Jun 15, 2021

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Using Motions to Get a Lawsuit Dismissed Early in California

Chugh LLP

By: Varduhi Danielyan. When faced with a lawsuit, defendants and their defense attorneys often aim to defeat the case as quickly and cost-effectively as possible. Motions are one way to accomplish that goal, since they may be effective at getting certain lawsuits dismissed during the early stages of litigation. In California, a motion for sanctions may be one of the most successful methods for dismissal.

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US Supreme Court refuses to move California suit against oil companies to federal court

JURIST

The US Supreme Court declined Monday to take up an appeal by a group of oil companies challenging a California state court ruling permitting two California cities to sue for damages related to climate change, meaning the case will be heard in state court. The cities of Oakland and San Francisco claimed that fossil fuel giants BP, Exxon, Chevron, Shell and ConocoPhillips created a public nuisance through their contributions to climate change, which caused flooding, shoreline erosion and saltwater

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Trending Sources

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Screened Time: Google's Newest Advertising Program Is Here

NCBA Law Practice Management Blog

Attorneys have, like most business owners, spent lots of their marketing dollars on Google search. It makes sense: Google is the most popular search engine. (Google-owned YouTube is #2.) Google Screened is Google’s latest addition to its collection of local service ads. Google Screened offers up attorney recommendations for practice area searc hes. So, if you’re a bankruptcy attorney using Google Screened, when someone in your local area searches for a bankruptcy attorney, your profile would be

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US Supreme Court limits new trials for felons in possession of firearm

JURIST

The US Supreme Court on Monday limited new trials for felons convicted for being in possession of a firearm, limiting the retroactive application of its 2019 decision Rehaif v. United States. The issue in Greer v. United States involved 18 USC §922(g) , the federal law prohibiting felons from possessing firearms. Under the 2019 decision in Rehaif , the government had to prove both that a defendant knew he possessed a firearm and that he knew he belonged to a category of persons prohibited from p

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Recipe for a Failed CLM Implementation

Selecting and implementing CLM technology can be daunting, leading to underutilization or abandonment. Factors like provider differentiation, inadequate planning, and lack of user training contribute to these failures. Recognizing these pitfalls is crucial for successful adoption, ensuring organizations harness the full potential of CLM for streamlined contract management.

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District of Idaho Notes That the Ninth Circuit Has Limited the Scope of Rule 704(b)

EvidenceProf Blog

Federal Rule of Evidence 704(b) states that In a criminal case, an expert witness must not state an opinion about whether the defendant did or did not have a mental state or condition that constitutes an element of the crime.

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More Trending

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US father and son plead guilty to aiding Carlos Ghosn’s escape from Japan

JURIST

An American father and son duo pleaded guilty on Monday to aiding former Nissan CEO Carlos Ghosn’s escape from Japan, while he faced charges of financial misconduct. Japanese authorities indicted Michael Taylor, a US Army Special Forces veteran, and his son Peter Taylor on charges of harboring or enabling the escape of a criminal. They allege that the Taylors had key roles in planning and executing an elaborate escape in which they helped Ghosn break house arrest, travel from Tokyo to Osak

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Bill Bratton on Police Reform: ‘Let’s Do It Right This Time’

The Crime Report

Few figures have been as transformative in U.S. policing as Bill Bratton. It’s not only because he ran police forces in two of America’s largest cities ?New York (twice) and Los Angeles ?but because many of the senior officers who served under him went on to run police forces of their own, in effect spreading the Bratton style of technology-informed, community-oriented law enforcement that has become standard operating procedure in police command headquarters across the nation.

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Russia court orders two-month detention for political activist

JURIST

The Tagansky District Court in Moscow on Sunday ordered political activist Pavel Krisevich to be detained for two months following a “suicide performance” in Red Square. Krisevich was charged with the crime of hooliganism after firing blanks into the air and then at his head in an act designed to support Russian political prisoners. The Russian criminal code defines hooliganism as a “gross violation of public order [that expresses] clear disrespect for society.” If convic

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“I’ve urged Supreme Court justices to stick around — but never to retire. Until now.”

HowAppealing

“I’ve urged Supreme Court justices to stick around — but never to retire. Until now.” Columnist Ruth Marcus has this essay online at The Washington Post.

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Contract Lifecycle Management: A Business Enabler Exploring On-Ground Challenges

CLM tools have always strived to push contract management into the digital age for almost 30 years. But the complexities of digitising a legal document are numerous. The current scenarios in business development have shown that having a fully automated CLM has become a mandate for every law firm and in-house legal department. To determine if you need a CLM system, it's essential to clearly identify the on-ground business challenges you aim to solve.

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CBD On Planes: Can You Fly With CBD Oil?

LegalReader

So, can you fly with CBD oil? Absolutely yes! For this, you have to follow a couple of simple rules: bring only CBD products that contain 0.3% THC and carry the associated CoA.

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“A Xitronix Sequel? Walker Process & Patent Jurisdiction; The Federal Circuit might have started another game of jurisdictional hot potato over appeals involving Walker Process claims.”

HowAppealing

“A Xitronix Sequel? Walker Process & Patent Jurisdiction; The Federal Circuit might have started another game of jurisdictional hot potato over appeals involving Walker Process claims.” Bryan Lammon has this post at his “final decisions” blog.

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Pandemic Accelerated Tech’s Importance, But Firms Remain Poorly Prepared for Tech Future, Survey Says

LawSites

Legal professionals agree that the pandemic accelerated the critical role of technology in the future success of their law firms and legal departments, but only a third believe their organizations are well prepared for addressing technology’s increasing importance. This is a key finding of the 2021 Wolters Kluwer Future Ready Lawyer Survey Report , the third year that Wolters Kluwer Legal & Regulatory U.S. has conducted this survey, designed to provide insights into how the legal profession

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“First Circuit Affirms Work-for-Hire Copyright Ruling Against ‘Life’ Board Game Creator; The First Circuit ruled ‘Game of Life’ co-creator Bill Markham doesn’t hold copyright termination rights to the board game”

HowAppealing

“First Circuit Affirms Work-for-Hire Copyright Ruling Against ‘Life’ Board Game Creator; The First Circuit ruled ‘Game of Life’ co-creator Bill Markham doesn’t hold copyright termination rights to the board game”: Josh Russell of Courthouse News Service has this report on a ruling that the U.S. Court of Appeals for the First Circuit issued yesterday.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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The Right to Sue for Infringement is no longer a Standing Question

Patently O

Companies who play corporate games creating and shifting shell companies sometimes face serious consequences when painted into a corner. In Cirba, Inc. (DBA Densify) and Cirba IP v. VMWare (D. Del. 2020), a jury sided with the patentee Cirba Inc. and awarded $235 million in damages. That verdict though has been vacated because Cirba Inc.’s subsidiary Cirba IP actually owns the patent rights.

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“Death penalty should be reinstated for Tsarnaev in Boston Marathon bombings case, Biden administration tells US Supreme Court”

HowAppealing

“Death penalty should be reinstated for Tsarnaev in Boston Marathon bombings case, Biden administration tells US Supreme Court”: John R. Ellement of The Boston Globe has this report. Alanna Durkin Richer of The Associated Press reports that “ US urges court to reimpose Boston bomber’s death sentence.” Ronn Blitzer of Fox News reports that “ Biden admin asks Supreme Court to reinstate death penalty for Boston Marathon bomber Dzhokhar Tsarnaev; A court of appeals had

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Texas Is 6th State To Require College Athlete NIL Rights As Of July 1

Above The Law

Meanwhile, Congress has taken no action on a national NIL law and continues to do nothing despite holding hearings on Capitol Hill concerning the need to provide athletes NIL rights on a nationwide basis.

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“Supreme Court Rejects Sentence Reductions for Minor Crack Offenses; The otherwise unanimous decision featured a sharp exchange over the history of a 1986 law that established large sentencing disparities between crack and powder cocaine”

HowAppealing

“Supreme Court Rejects Sentence Reductions for Minor Crack Offenses; The otherwise unanimous decision featured a sharp exchange over the history of a 1986 law that established large sentencing disparities between crack and powder cocaine”: Adam Liptak has this article in today’s edition of The New York Times. In today’s edition of The Washington Post, Robert Barnes has an article headlined “ Supreme Court says law does not allow new sentences for all crack convictio

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Dangers of Digital "Reporting": Legal Risks and Unreliable Transcripts

In the world of legal proceedings, the choice between a certified stenographer and digital "reporting" holds significant implications. Certified stenographers go through rigorous training and testing and stand as the gold standard for accuracy in capturing every word. Their expertise ensures a reliable record, a crucial foundation for legal cases.

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Focus Your Vision on the DuPont Factors

Patently O

FocusVision Worldwide v. Information Builders Inc. ( Fed. Cir. 2021 ). The Federal Circuit has affirmed the TTAB’s decision refusing to register FocusVision’s eponymous mark FOCUSVISION after being opposed by IBI based upon its FOCUS marks. The appeal focused in part on the similarity of goods, trade channels, and sales. IBI is a software company known for its FOCUS database programming language.

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“Supreme Court puts off decision on reviewing Harvard race-conscious admissions system”

HowAppealing

“Supreme Court puts off decision on reviewing Harvard race-conscious admissions system”: Robert Barnes of The Washington Post has this report. In today’s edition of The Wall Street Journal, Brent Kendall and Melissa Korn have an article headlined “ Supreme Court Seeks Biden Administration Views on Harvard Admissions Policies; The high court is weighing whether to hear a legal challenge alleging the school discriminated against Asian-American applicants.” In today

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Morning Docket: 06.15.21

Above The Law

* An antitrust lawsuit concerning college textbooks has been dismissed. Guess the plaintiffs got schooled. [ Reuters ] * A New York woman allegedly posed as a lawyer to bilk immigrants of money devoted to phony visa applications. [ Patch ] * A California attorney has been fined for making purportedly derogatory remarks against the judiciary. [ Metropolitan News-Enterprise ] * A man, who allegedly threatened a whistleblower's lawyer, has been sentenced to a year in prison. [ Politico ] * A shipya

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“Progressives urge Supreme Court Justice Breyer to step down and allow Biden to fill seat”

HowAppealing

“Progressives urge Supreme Court Justice Breyer to step down and allow Biden to fill seat”: Jennifer Haberkorn of The Los Angeles Times has this report.

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Optimizing Contract Management and Enhancing Team Collaboration: Insights from a Legal Operations Perspective

Speaker: Adina Marta Newman

Learn about a world of effective contract management and seamless teamwork across departments in this upcoming webinar from Cobblestone Software. You'll discover practical strategies and tips that legal professionals can use to streamline contract processes and enhance collaboration, making significant impact across legal and corporate departments. Join us as we show how you can supercharge contract processes, improve team communication, and take your contributions to the next level.

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Nationwide EAS Test Scheduled for August 11, 2021 – Verification of EAS Information Due by July 6 in ETRS

Broadcast Law Blog

Last week, the FCC issued a Public Notice announcing an August 11, 2021 nationwide EAS test , with a backup date of August 25 if there are conditions that prevent the test from occurring on the initial date. The test is scheduled for 2:20 PM EDT. For broadcasters, this test will be conducted using the over-the-air “daisy-chain” system, where primary stations in various geographic areas initiate the test, and the message is passed from station to station based on monitoring assignme

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“Joe Biden’s Craven Death Penalty Reversal in the Boston Bomber Case”

HowAppealing

“Joe Biden’s Craven Death Penalty Reversal in the Boston Bomber Case”: Professor Austin Sarat has this jurisprudence essay online at Slate.

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Do Mandatory Workplace Drug Tests Invade Our Privacy?

LegalReader

Drug tests benefit both employers and employees in terms of safety and productivity. However, the rights and privacy of the employers shouldn’t be violated.

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“Kemp gets six finalists for upcoming Georgia Supreme Court vacancy”

HowAppealing

“Kemp gets six finalists for upcoming Georgia Supreme Court vacancy”: Bill Rankin of The Atlanta Journal-Constitution has this report.

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Visibility Into the Strategy & Supporting Documents of Major US Law Firms

Law Firm Intelligence by Trellis aggregates state trial court data across the Trellis platform enabling users to: look up a particular metric related to a specific law firm (such as, how many cases a law firm had or has against another law firm), and see the actual dockets and documents supporting the metric. Trellis data is maximized in a revolutionary and unique way to provide users an exclusive look into a law firm litigating in state trial courts.