In Wake of 'Heller,' 3rd Circuit OKs Ban on Unnumbered Guns
In an important Second Amendment decision that charts a course for evaluating the validity of gun laws now that the Supreme Court has declared the right to be an individual one, the 3rd Circuit has refused to strike down a federal law that bans possession of guns with obliterated serial numbers. Perhaps the most important lesson to be gleaned from the 3rd Circuit opinion is that courts faced with unanswered questions in the Second Amendment arena should look to the extensive jurisprudence on First Amendment claims for guidance.
Lawyers Argue Over Venue in BP Spill, Toyota Hybrid CasesMore than 100 lawyers squeezed into a courtroom on Thursday in Idaho to argue before a panel of seven judges about which U.S. courthouse should host the massive litigation over the Deepwater Horizon oil spill. The U.S. Judicial Panel on Multidistrict Litigation appeared receptive to appointing more than one judge. Meanwhile, lawyers pressing claims against Toyota Motor over its recall of Prius hybrids asked the panel to put those cases in Santa Ana, Calif.
Federal Agencies Slipping on Discrimination Complaints, Says EEOCThe federal government's efficiency in handling discrimination complaints by its own workers is slipping a bit, even as more minorities are landing federal jobs, according to an annual report on the federal work force, released this week by the U.S. Equal Employment Opportunity Commission. The report offered good and bad news.
Bridging the Communication Gap in E-DiscoveryCommunication gaps between legal and IT in e-discovery can result in operational inefficiency, fines, sanctions, and reputational damage. Consultant Peter Caradonna offers tips to facilitate dialogue between legal and IT: from data maps to savvy employees, from software to "soft skills."
Baker Botts Associates Moving From Lockstep to Merit-Based SystemBaker Botts associates are learning this week about potential changes to their pay and bonus packages that become effective Jan. 1, 2011, says Maria Boyce, partner-in-charge of the firm's Houston office. The firm is moving associates from lockstep promotions and pay to a merit-based system, she says. She also notes, "No associate is going to have their base pay cut in 2010 as a result of the introduction of this change."
Lawyer's Indecent Proposals to Female Clients Bring One-Year SuspensionThe New Jersey Supreme Court on Thursday issued a one-year suspension to a Newark lawyer who offered discounted fees to female clients or their family members in exchange for sexual favors. David Witherspoon might consider himself lucky. Two justices wanted him disbarred and said the court should set a bright-line rule like the one that mandates disbarment for trust-fund theft. None of the women accepted his offers, but the women all testified they believed he was proposing to exchange legal services for sex.
Claims Over Juror Threat in Astor Case Rejected, Verdicts PreservedNew York Judge A. Kirke Bartley has refused to set aside a jury verdict that socialite Brooke Astor's son, Anthony Marshall, stole from the famed philanthropist's $132 million estate. Marshall had challenged the verdict on the ground that Bartley had failed to conduct an inquiry after receiving a jury note that one of the jurors had felt threatened during deliberations. Bartley said his instruction to the jurors that they should proceed with civility and respect was "appropriately tailored to meet the unique circumstances."
Three of Obama's Judicial Nominees Sail Through HearingThree judicial nominees to federal courts in Washington, D.C., faced little opposition when they appeared for their confirmation hearing before the Senate Judiciary Committee on Wednesday. Though even noncontroversial nominees have stalled in the full Senate, the hearing is a good sign for President Barack Obama as he tries to fill four vacancies on Washington's federal trial court. The court is notable for a docket stocked with Guantanamo Bay detainee cases and issues of federal regulation.
Male Employees' Sex Harassment Case Settles Before Full 11th Circuit RulesLawyers watching a sexual harassment case that tested the limits of acceptable workplace behavior won't get to hear what the full 11th Circuit thinks of the matter. The case, brought by two male Home Depot employees who claimed a male manager made sexual overtures to them, has settled. The case was heard in a rare en banc session in June. Indications were that the judges were wrestling with how to apply a January decision by the full court in a sexual harassment case involving the use of explicit language in the workplace.
Plaintiffs in N.Y. Police Shooting Call Record $7 Million Settlement FairThe fiancee of an unarmed man killed by police in a 50-bullet barrage and a friend who survived the shooting said Wednesday that a settlement of the federal civil lawsuit with New York City that topped $7 million was fair but not cause for celebration. The deal awards $3.25 million to the estate of Sean Bell, $3 million to Joseph Guzman and $900,000 to a third victim, Trent Benefield, minus 30 percent for legal fees. City officials confirmed that the settlement amount is the largest ever for a fatal police shooting.
ABA Panel: 'U.S. News' Rankings Bad, but What Are You Going to Do?The American Bar Association caused a minor stir in February when its House of Delegates voted to investigate U.S. News & World Report's law school rankings and the magazine's new push to rate law firms. The committee charged with reviewing law school rankings has completed its work, and its report concludes that the U.S. News rankings have some negative effects on law schools, but that "there is relatively little that leaders in legal education can do to change that in the short term."
Calif. Jury Finds Yamaha Not at Fault in Off-Road CrashA California jury says Yamaha is not liable for injuries a man suffered when he crashed in one of the company's off-road vehicles. The case was the first to go to trial among more than 170 lawsuits filed in California over the company's Rhino brand of vehicles. The plaintiff argued that defects in his 2005 Rhino 660 caused it to roll, fracturing two bones in one leg.
After Oil Spill Disaster, Maritime Law Is All at SeaThe Deepwater Horizon spill has thrust U.S. maritime law -- a complicated, sometimes arcane set of statutes that often bears little resemblance to domestic law -- into the spotlight in a way few disasters have, prompting a gusher of proposed legislation that could significantly alter the practice. Some maritime lawyers welcome the proposed changes as long overdue, but attorneys who represent corporate interests say that lawmakers are moving too fast and could unwittingly drive up the cost of doing business at sea.
Burke Williams Picks Up 12 McDonough LawyersBurke, Williams & Sorensen is planning to open an office in Oakland, Calif., with 12 public law attorneys from McDonough Holland & Allen. Southern California-based Burke Williams noted recently that it was interested in expanding its reach in Northern California after picking up a Menlo Park office in late 2008 through a merger with Kay & Stevens.
Suit Challenging Bills From Constantine Cannon Goes ForwardThe claim of a former client of Constantine Cannon that the law firm excessively billed for legal fees is moving forward. The decision by Manhattan Supreme Court Justice Carol Edmead came in what began as a lawsuit by the firm to recover $359,000 in unpaid legal bills from the family of Howard L. Parnes, a real estate executive. The Parnes family struck back, claiming the firm did not execute an engagement letter and overbilled the family, and seeking disgorgement of $628,000 in already paid fees.
N.J. Law Grads Finding Work, but Not Always in Dream JobsAs of Feb. 15, New Jersey law school graduates were hired at a rate of 90.6 percent, the fifth-best performance of any state in the U.S., according to a NALP survey. However, New Jersey 2009 graduates earn the fourth-lowest median salary by state of reporting respondents: $46,000 a year.
The Careerist: The Brits Are Still SnootierCheck out some of the latest posts on the lawjobs.com blog, The Careerist. The Brits Are Still Snootier Also Is Northwestern Law School Clever or What? Plus Moms Who Won't Quit: Studies show former high-powered professionals turned full-time moms have made parenthood exhausting