Mon.Nov 15, 2021

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Superior Court of Pennsylvania Distinguished Between Inadmissible Character Evidence & Admissible Habit Evidence

EvidenceProf Blog

Similar to its federal counterpart, Pennsylvania Rule of Evidence 406 provides that Evidence of a person’s habit or an organization’s routine practice may be admitted to prove that on a particular occasion the person or organization acted in accordance with.

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Uber sued for charging ‘wait-time’ fees to passengers with disabilities

JURIST

The US Department of Justice (DOJ) has filed a lawsuit against Uber alleging that the company has overcharged passengers with disabilities. Uber Technologies charges “wait time” fees if drivers must wait more than two minutes, resulting in fees for passengers who need more time to enter the car owing to their disability. As per the lawsuit, Uber began charging passengers “wait time” fees in a number of cities in April 2016.

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“The Supreme Court’s Growing Hostility to Arguments of Death Row Inmates; Recent rulings, including one turning down a death row inmate’s request supported by the prosecution, offer telling glimpses of the state of capital punishment”

HowAppealing

“The Supreme Court’s Growing Hostility to Arguments of Death Row Inmates; Recent rulings, including one turning down a death row inmate’s request supported by the prosecution, offer telling glimpses of the state of capital punishment”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Court 100
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Supreme Court grants certiorari in arbitration clause case

JURIST

The Supreme Court granted certiorari in Morgan, Robyn v. Sundance, Inc. in an order list released Monday. The case concerns arbitration clause waivers in contract disputes. Robyn Morgan sued Sundance in September 2018 for alleged failure to pay her overtime wages. According to the contract between Morgan and Sundance, Sundance could have compelled arbitration.

Contract 195
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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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“How Judges Turn Your Legal Rights Into Worthless Promises; If courts make it impossible for you to do anything about violations of your rights, those rights are worth nothing at all”

HowAppealing

“How Judges Turn Your Legal Rights Into Worthless Promises; If courts make it impossible for you to do anything about violations of your rights, those rights are worth nothing at all”: Hannah Mullen has this post at Balls and Strikes. Among other things , Mullen is a granddaughter of Justice John Paul Stevens.

Legal 100

More Trending

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“The Amy Coney Barrett Effect: An Emboldened Conservative Legal Movement; The Supreme Court’s 6-3 tilt is inspiring right-wing judicial actors to take legal moonshots they wouldn’t have dared to attempt not long ago.”

HowAppealing

“The Amy Coney Barrett Effect: An Emboldened Conservative Legal Movement; The Supreme Court’s 6-3 tilt is inspiring right-wing judicial actors to take legal moonshots they wouldn’t have dared to attempt not long ago.” Matt Ford has this news analysis online at The New Republic.

Legal 100
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European Commission refers Romania to EU Court of Justice over failure to comply with landfills judgment

JURIST

The European Commission voted Friday to refer Romania back to the Court of Justice of the European Union, alleging that Romania had failed to fully comply with a 2018 Court of Justice judgment ordering Romania to fulfill its obligations under the Landfill Directive. The Commission has stated that Romania may face penalties for the time elapsed from the date of the judgment to achieving compliance as this will be their second referral to the court.

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‘Ghost Guns’ Fuel Nationwide Rise in Violence

The Crime Report

Photo by Aaron David Martin via Flickr. Once relying on stolen weapons with sanded-off serial numbers, the criminal underground is now relying on ghost guns, untraceable firearms without serial numbers, assembled from components bought online, as the lethal weapon of easy access for those legally barred from buying or owning guns around the country, reports the New York Times.

Legal 121
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US extradites banker Xu Guojun to China

JURIST

China’s Central Commission for Discipline Inspection on Sunday announced the repatriation of banker Xu Guojun to China. Xu fled China in 2001 for the US, where he lived until repatriation. Xu was the president of Bank of China branches in the southern city of Kaiping. Kaiping, a city in Guangdong province, has a population of about 600,000. Bank of China, a state-owned commercial bank, has approximately US $3 trillion worth of assets.

Legal 104
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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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Federal Prison Workers Commit Rampant Crime and Abuse

The Crime Report

The federal Bureau of Prisons (BOP), with an annual budget of nearly $8 billion, is a hotbed of abuse, graft and corruption, and has turned a blind eye to employees accused of misconduct, even failing to suspend officers who themselves had been arrested for crimes, reports the Associated Press. More than 100 federal prison workers have been arrested, convicted or sentenced for crimes since the start of 2019.

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UN chief says COP26 climate agreement is not enough

JURIST

A UN Climate Change Conference (COP26) climate agreement was reached Saturday in Glasgow after negotiations were extended an extra day. The agreement was adopted after nearly 200 countries met in Scotland. However, UN Secretary-General Ant ó nio Guterres says the compromise deal is not enough. Going into COP26, there were high hopes that the meeting would result in meaningful action.

Legal 104
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Doctor accused of showing his gun during Zoom court faces contempt hearing

ABA Journal

A Chicago doctor has been ordered to show cause why he shouldn’t be held in contempt for allegedly showing his gun during a video bankruptcy…

Court 121
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Cuba partially reinstates work permits to Spain journalists withdrawn ahead of protests

JURIST

Shortly after the press credentials of five journalists belonging to Spanish news agency EFE were revoked Saturday in light of anti-government protests planned just two days later, Cuban authorities reinstated the credentials of two of them, according to the agency. Five members of EFE’s seven-member team in Havana—three reporters, a photographer, and a cameraperson—were urgently summoned Saturday and told to cease work.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Make Money Monday: Learn To Productize Legal Work by Picking A Law Prof’s Brain for Just $108

My Shingle

If you’ve been practicing law for fifteen years or more, you probably remember when a relatively boilerplate website, sans SEO or copywriting cost $3000 or more – which is why many solo and small firm lawyers lacked an online presence.

Laws 109
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European Union expands sanctions against Belarus in response to migrant crisis

JURIST

The Council of the European Union amended its sanctions regime against Belarus on Monday, agreeing to step up sanctions in view of the situation at the EU’s border with Belarus. Belarus denounced as “absurd” Western accusations that it was driving a migrant crisis that has left thousands of people stranded on the EU border. The Council reported that since October 2020, the EU has progressively expanded its restrictive measures in light of the situation in Belarus, in response t

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“Taco Bell Case Puts Arbitration in Spotlight at Supreme Court”

HowAppealing

“Taco Bell Case Puts Arbitration in Spotlight at Supreme Court”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

Court 100
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India dispatches: Supreme Court pushes Indian governments to take urgent action on Delhi pollution crisis

JURIST

India Staff Correspondent Sambhav Sharma reports on Monday’s proceedings in the Supreme Court of India on government efforts to control the latest severe bout of air pollution in the country’s National Capital Region. He files this for JURIST from New Delhi. The Special Bench of Hon’ble Chief Justice of India Justice N.V. Ramana, Hon’ble Justice D.Y.

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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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Former Raiders Head Coach Jon Gruden Is Suing The NFL And Commissioner Roger Goodell

Above The Law

Gruden has included numerous causes of action such as intentional interference with contractual relations, tortious interference with prospective economic advantage, and civil conspiracy in his legal action.

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Afghanistan dispatches: inflation worries loom as local currency depreciates rapidly

JURIST

JURIST EXCLUSIVE – Law students and lawyers in Afghanistan are filing reports with JURIST on the situation there after the Taliban takeover. Here, a Staff Correspondent for JURIST in Kabul offers his observations on a looming economic crisis in Afghanistan as banks continue to run out of foreign exchange reserves, contributing to a rapid decline in the value of the local currency.

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Judge Drops Rittenhouse Gun Charge

The Crime Report

Kyle Rittenhouse. Photo by Dexter KLacy via Flickr. Kenosha County Judge Bruce Schroeder has dismissed a misdemeanor gun charge against Kyle Rittenhouse, arguing that Wisconsin’s open carry law is so confusingly written it can be interpreted to mean 17-year-olds can openly carry firearms as long as they’re not short-barrel rifles, reports the Chicago Tribune.

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Some law firms are promoting record numbers of associates to partnership

ABA Journal

Several law firms have announced their largest new partner classes on record amid a push to reward lawyers and create an incentive for associates to…

Law Firm 104
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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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Morning Docket: 11.15.21

Above The Law

* “ What is this? A video for ants!? ” - A jury member who wasn’t allowed to zoom in on the trial video, probably. [ Engadget ] * Starting soon, New York will require that excess food be put to good use. Bleach companies aren’t gonna like this one bit. [ Times Union ] *After you fight all the other K-JDs, you face their king — a 19-year-old from Kansas. [ News Nation Now ] * Breaking Sad: Dude busted trying to sell fake meth.

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United States: Colorado's November 2021 Rulemaking: ‘Use It Or Lose It' PTO Is Finally Dead, And Other Highlights - Ogletree, Deakins, Nash, Smoak & Stewart

Mondaq

On November 10, 2021, after a public hearing and comment submission period, the Colorado Department of Labor and Employment (CDLE) published three final rules: (1) the Colorado Overtime and.

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Making DEI Everyone’s Business: Opportunities And Best Practices [Sponsored]

Above The Law

As part of its PD Appreciation Month series, PLI assembled a group of experienced leaders to discuss the influence of DEI on innovative business processes and best practices for collaboration.

Law Firm 109
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Rejecting Half a Billion Dollars, Washington State Goes After Opioid Distributors for More

The Crime Report

Washington Attorney General Bob Ferguson is taking the state’s case against the nation’s three biggest drug distributors to trial after rejecting an initial half-billion-dollar settlement, reports the Associated Press. Ferguson rejected a settlement offer of $527.5 million over 18 years as “woefully insufficient.” Ferguson is seeking a “transformative” payout of $38 billion from the companies to help undo the epidemic’s damage in Washington state by paying for treatment services, criminal justic

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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.