February, 2021

The Supreme Court Issues a (Possibly) Landmark Ruling on Qualified Immunity

EvidenceProf Blog

Yesterday, the United States Supreme Court issued a summary disposition in McCoy v. Alamu that could end up being a landmark ruling on qualified immunity. So, what is qualified immunity? As the Supreme Court explained in Mullenix v. Luna, 577

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Big Tobacco Brand KOOL Sues Cannabis Company Bloom Brands for Trademark Infringement

HarrisBricken

The latest case of trademark infringement involving a cannabis company provides a great illustration of a trademark concept that can be difficult to convey to clients, which is the concept of “likelihood of confusion” where two marks are not identical, or even all that close to identical.

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France court finds government liable for climate change inaction

JURIST

The Administrative Court of Paris on Wednesday held that the French state is “responsible” for failing to take sufficient measures to halt climate change and for failing to meet its greenhouse gas emission targets.

Graduation Live Stream - February 20, 2021

PARALEGAL.EDU

On February 20, 2021, at 10:00 AM Central, Center for Advanced Legal Studies will hold its 67th Commencement Ceremony for graduates of its paralegal programs. This will be the second straight commencement ceremony held virtually due to the global COVID-19 pandemic.

Process Serving Made Easy: Serve in All 50 States Using One Platform

Speaker: PROOF

PROOF has revolutionized service of process. Using our online platform, create serve requests nationwide and receive live updates with mapped verification of each attempt. PROOF’s technology provides users with complete transparency from start to finish.

Do All Titles Require a Period?

ProofThatBlog

A friend recently emailed me asking if the rules for the use of “Mr.” ” had changed so that it did not require a period. I thought it was kind of a no-brainer and of course it needed the period. However, researching the topic shows me that I was wrong–kind of.

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Court Finds Judge's Questions to Fingerprint Expert Threw Shade on the Defense, Requiring a New Trial

EvidenceProf Blog

Federal Rule of Evidence 614(b) states that "[t]he court may examine a witness regardless of who calls the witness." California does not have a direct counterpart to Rule 614(b), but Section 775 of California's Evidence Code states that The court

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California May Decriminalize Psychedelics

HarrisBricken

On February 17, 2021, California Senator Scott Wiener introduced SB-519 , a bill that if passed, would decriminalize a host of both natural and synthetic psychedelic drugs. In this post, I’ll unpack what the law would do in its current form.

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Bloody Sunday in Myanmar as over 20 killed by police in widespread demonstrations against military junta

JURIST

JURIST EXCLUSIVE – More than 24 people were killed in Myanmar Sunday when police cracked down on large demonstrations in multiple cities against the Myanmar military junta that seized power in the country on February 1. Multiple individuals died by live-fire rounds, according to local reports.

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Will You Lose Your COVID-19 Relief Funds?

Diane Drain

Will you lose your COVID-19 stimulus money if you file for bankruptcy protection? Simple answer is no. Read below. “Recovery rebates” (“stimulus monies”) received as a result of either the CARES Act or CAA are NOT PROPERTY OF THE BANKRUPTCY ESTATE.

Wills, Trusts, and Estates: The Essentials of Wealth Management

Speaker: Vi Pham, Attorney at Law

Wealth management is a guaranteed practice: as paralegals, it's essential that you know the complexities of wealth management in order to ensure that your client's rights are protected to their fullest extent. Join Vi Pham, Attorney and educator, in this exclusive webinar that will leave you feeling brushed up and ready. This seminar meets the requirements of the NALA Certifying Board for continuing legal education credit required to maintain the CP (Certified Paralegal) credential.

Grammar Giggle – Furnuture

ProofThatBlog

My son sent this picture to me. One of the most important words on the item is misspelled. That could be very bad for business. Think about a Google search. How could it come up when you search for “furniture”? Just another reason spelling matters! Follow.

Graduation Live Stream - February 27, 2021

PARALEGAL.EDU

UPDATE: Due to severe weather in the Houston area, the Graduation Live Stream has been postponed to February 27th. On February 27, 2021, at 10:00 AM Central, Center for Advanced Legal Studies will hold its 67th Commencement Ceremony for graduates of its paralegal programs.

Texas Court of Appeals Finds Defense Counsel Didn't Preserve Expert Evidence Issue for Appellate Review

EvidenceProf Blog

Federal Rule of Evidence 705 states that Unless the court orders otherwise, an expert may state an opinion — and give the reasons for it — without first testifying to the underlying facts or data. But the expert may be

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EU Adds CBD to Its List of Legal Cosmetic Ingredients

HarrisBricken

On February 4, the European Union (EU)’s Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs added cannabidiol ( CBD ) “derived from extract or tincture or resin of cannabis” as a legal cosmetic ingredient to its CosIng guidelines.

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International telecom giant slams cyber security bill proposed by Myanmar military coup leaders

JURIST

Norway-based Telenor Group , an international telecommunications company with extensive operations in much of Europe and Asia, sharply criticized a cyber security bill proposed by the leaders of Myanmar’s February 1 military coup in a statement issued Monday.

Avoid COVID Mortgage Relief Scams

Diane Drain

If you are behind on your mortgage, beware of mortgage relief scams. There is free foreclosure help. If anyone tries to charge you in advance for help or guarantees that they can stop your foreclosure, they’re not legitimate.

Grammar Giggle – Unites States of America

ProofThatBlog

I am not sharing this example to start any kind of political discussion and any political comment will be deleted. The purpose is to show another example of spell check doing its job and checking how words are SPELLED–just not PROOFREADING and checking for content.

A Court Public Data Access Proposal – Yes, but…

CourtTechBulletin

My friend Bob Ambrogi asked for comment during last Friday’s Legaltech Week Journalists’ Roundtable (an excellent discussion every week about our court customers).

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Court of Appeals of Arizona Finds Character Isn't "In Issue" in a Third Party Culpability Case

EvidenceProf Blog

Similar to its federal counterpart, Arizona Rule of Evidence 405(b) provides that When a person's character or character trait is an essential element of a charge, claim, or defense, or pursuant to Rule 404(c), the character or trait may also

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Cannabis in Australia: You Better Run (to It)

HarrisBricken

On February 1, the over-the-counter sale of CBD products became legal in Australia, following a schedule adjustment in December by the country’s Therapeutic Goods Administration ( TGA ).

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Angola law prohibiting discrimination based on sexual orientation takes effect

JURIST

Angola’s revised penal code that not only decriminalizes same-sex relationships but also bans discrimination on the basis of sexual orientation, went into effect on Wednesday.

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I couldn’t have done it — wouldn’t have dreamed of even trying — without you and Jay. You’re the very best!

Diane Drain

“I couldn’t have done it — wouldn’t have dreamed of even trying — without you and Jay. You’re the very best!

Grammar Giggle – Hot Mess Memories – Part 2

ProofThatBlog

After I posted the original Grammar Giggle on this photo , I had several people comment that I had missed some errors. I don’t always point out all of the errors–both to give the author some credit and so it doesn’t overwhelm the reader and make it seem worse than it really is.

Zoom Web Conference Filter Opportunity?

CourtTechBulletin

Most of our readers have seen the Zoom filer mishap online video known as “I’m not a cat”. The story even made the news in Germany and late-night TV shows. First, I want to congratulate the Judge for handling the problem, but I have a different view of how we can learn from this? Read more ».

Military Court Applies Forfeiture by Wrongdoing Exception in Murder Case

EvidenceProf Blog

Similar to its federal counterpart, Military Rule of Evidence 804(b)(6) provides an exception to the rule against hearsay for A statement offered against a party that wrongfully caused or acquiesced in wrongfully causing the declarant’s unavailability as a witness, and

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Will California Really Ban Smokable Hemp?

HarrisBricken

A few weeks back, I wrote a post entitled “ California Tries Again with CBD “, in which I discussed a new piece of legislation ( AB-45 ) introduced to ostensibly provide a regulatory framework for the manufacture and sale of certain hemp-derived products.

International lawyers coalition condemns erosion of protection for legal advocates in letter to UN rights expert

JURIST

JURIST EXCLUSIVE – A coalition of international legal advocates sent a joint letter Saturday to Professor Mary Lawlor , the UN Special Rapporteur on Human Rights Defenders, condemning the growing trend of government officials intimidating and endangering the legal representatives of politically controversial clients.

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FTC Bans Payday Lenders: Harvest Moon, Gentle Breeze and Green Stream. Forgives Illegal Debt

Diane Drain

FTC Bans Payday Lender and Forgive Illegal Debt – Lead Express, Inc.; Camel Coins, Inc.; Sea Mirror, Inc,; Naito Corp.; Kotobuki Marketing, Inc.; Ebisu Marketing, Inc.; Hotei Marketing, Inc.; and Daikoku Marketing, Inc.From Industry.

Grammar Giggle – Hot Mess Memories

ProofThatBlog

My brother sent this to me from a local newspaper remembering a drive-in theatre in Mesa. “It’s” is one of those words that does not follow the normal possession rules. The only time to use “it’s” is as a contraction of “it is.”

Justices to consider whether Arizona’s voting rules discriminate against minorities

SCOTUSBlog

The 2020 elections may be over, but the Supreme Court will soon hear oral argument in a pair of voting-rights cases from one of last year’s key battleground states, and the eventual outcome may determine how courts will assess allegedly discriminatory voting rules for years.

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