Lawyer Around The Corner

09/27/2016

US didn't prove AmEx merchant policies violated antitrust law, 2nd Circuit says

"The federal government failed to prove that American Express violated antitrust law with policies that stopped merchants from encouraging customers to use other, lower cost credit cards, a federal appeals court has ruled."
According to article at the link below. Click it to read the full article

http://www.abajournal.com/news/article/us_didnt_prove_amex_merchant_policies_violated_antitrust_law_2nd_circuit_sa

The federal government failed to prove that American Express violated antitrust law with policies that stopped merchants from encouraging customers to use other, lower cost credit cards, a federal appeals

09/27/2016

Latest US settlement with tribes puts total payout at $3.3B

Latest US settlement with tribes puts total payout at $3.3B
Read more below!

http://www.abajournal.com/news/article/latest_us_settlement_with_tribes_puts_total_payout_at_3.3b

The United States has reached a settlement with 17 additional Native American tribes who had alleged the federal government mismanaged assets and natural resources held in trust for the tribes.The

09/25/2016

Res ipsa loquitur -
In the common law of torts, res ipsa loquitur (Latin for "the thing speaks for itself") is a doctrine that infers negligence from the very nature of an accident or injury in the absence of direct evidence on how any defendant behaved. Although modern formulations differ by jurisdiction, common law originally stated that the accident must satisfy the necessary elements of negligence: duty, breach of duty, causation, and injury. In res ipsa loquitur, the elements of duty of care, breach and causation are inferred from an injury that does not ordinarily occur without negligence.

As defined by wikipedia

09/24/2016

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09/23/2016

Psychologist uses 'memory hacking' to convince test subjects that they committed crimes

Psychologist uses 'memory hacking' to convince test subjects that they committed crimes is the name of this article and while it not only stirs up concerns, it makes us wonder the legal implications of such claims. either way it is an interesting article for sure read more on ABA Journal through the link below!

http://www.abajournal.com/news/article/psychologist_uses_memory_hacking_to_convince_test_subjects_that_they_commit

All memories are at least a little bit false, according to Canadian psychologist Julia Shaw.Each time you tell a story, the memory changes, she tells

09/22/2016

21 states file suit against overtime rule

"Texas and Nevada filed suit on behalf of 19 other states against the Department of Labor Monday, challenging the Obama administration's new overtime rule."

To read the DOL's page on the new rule click this link
https://www.dol.gov/whd/overtime/final2016/

To read the full article click the link below
http://www.jurist.org/paperchase/2016/09/21-states-file-suit-against-overtime-rule.php

[JURIST] Texas and Nevada [press releases] filed [complaint, PDF] suit on behalf of 19 other states against the Department of Labor (DOL) [official website] Monday, challenging the Obama administration's new overtime rule [materials]. The US Chamber of Commerce [website], representing 50 business or...

09/21/2016

West Virginia law school will offer tuition break for non-residents--under one condition

West Virginia law school will be more affordable for those who have already graduated from a West Virginia College or Law School, the reasoning behind this is "They already know and appreciate our state, and we think this program is a great way to encourage them to stay in West Virginia while also saving money on law school tuition,” according to Gregory Bowman read the full article below!

http://www.abajournal.com/news/article/west_virginia_law_offers_tuition_break_starting_next_year

Following an enrollment decrease, the West Virginia University College of Law is extending its in-state annual tuition of $16,000 to some non-residents, beginning next fall. To qualify for this "Loyalty

09/08/2016

Louisiana juveniles got longer sentences after unexpected LSU football losses, study finds

What do football and juvenile cases have to do with each other, suprisingly enough one study by lousisiana state finds a correlation to their local college team losing brought a rise in sentence time for juveniles. Read the full article by clicking the link below!

http://www.abajournal.com/news/article/juveniles_get_longer_sentences_after_unexpected_football_losses_study_finds

Juvenile judges in Louisiana imposed longer sentences in the week after an unexpected football loss by Louisiana State University, according to a working paper by two Louisiana State University economics

09/07/2016

EU court rules for Sony in pre-installed Windows case

EU court rules for Sony in pre-installed Windows case
Click the link below to read the article!

http://www.jurist.org/paperchase/2016/09/european-high-court-rules-for-sony-in-pre-installed-windows-case.php

[JURIST] The European Court of Justice (ECJ) [official website] ruled [text] Wednesday that the sale of a computer with pre-installed software does not constitute an unfair commercial practice as defined under an EU directive. The suit, brought against Sony [corporate website], alleged that the sale...

09/06/2016

Gretchen Carlson settles her harassment suit; amount is reportedly $20M

Gretchen Carlson Settles Her Harassment Suit Against Ailes
"Former Fox News anchor Gretchen Carlson has settled her sexual harassment lawsuit, according to a statement by 21st Century Fox." For the rest of the article click the link below!

http://www.abajournal.com/news/article/gretchen_carlson_settles_her_harassment_suit_amount_is_reportedly_20m

Former Fox News anchor Gretchen Carlson has settled her sexual harassment lawsuit, according to a statement by 21st Century Fox.The announcement did not include the amount of the settlement, but

09/06/2016

Virginia AG requests DOJ investigation of regional jail

In local legal news, Virginia Attorney General Requests Department of Justice Investigation of the Hampton Roads Regional Jail in Portsmouth, VA, read the JURIST article by clicking the link below!

http://www.jurist.org/paperchase/2016/09/virginia-attorney-general-requests-independent-doj-investigation-of-regional-jail.php

[JURIST] Virginia Attorney General Mark Herring [official website] on Friday sent a letter [text] to the US Department of Justice (DOJ) [official website] requesting and investigation into the Hampton Roads Regional Jail [official website] in Portsmouth after the deaths of two inmates---60-year-old…

09/04/2016

Legal Definitions Legal Terms Dictionary

Uti possidetis - "Latin term which means ‘as you possess’. According to this principle of international law, the parties to a treaty can retain possession of what they have acquired by force during the war.

Territories and property can remain in the hands of a belligerent state after a war, unless otherwise provided by a treaty. When a war ends a treaty formed can adopt the principle of uti possidetis, or the principle of status quo ante bellum, or a combination of the two. The principle of status quo ante bellum means ‘the state of things before the war’. If a treaty consists of no condition regarding the possession of property and territory taken by force, the doctrine of uti possidetis will prevail."

Definition from http://definitions.uslegal.com/

Browse and search US Legal Form's free legal definitions weekly updated database of law terms, definitions and legal terminology.

09/04/2016

Ireland to appeal EU ruling on Apple tax benefits

"Ireland's cabinet on Friday agreed to join Apple in appealing the European Commission's €13 billion ruling against the tech giant. The commission's ruling, issued in late August, determined that Ireland granted Apple undue tax benefits that now must be recouped. By appealing, Ireland is refusing to accept the windfall from Apple, citing an interest in protecting a tax structure very attractive to international employers."
Read the full article below!

http://www.jurist.org/paperchase/2016/09/ireland-to-join-apple-in-eu-ruling-appeal.php

[JURIST] Ireland's cabinet [official website] on Friday agreed to join Apple [corporate website] in appealing the European Commission's [official website] €13 billion ruling [press release] against the tech giant. The commission's ruling, issued in late August, determined that Ireland granted Apple…

09/02/2016

North Carolina's request to use strict voting law fails in SCOTUS tie vote

North Carolina request shot down in SCOTUS tie vote read more below!

http://www.abajournal.com/news/article/north_carolinas_supreme_court_request_to_use_strict_voting_law_fails_in_tie

In a 4-4 vote on Wednesday, the U.S. Supreme Court refused to grant a request by North Carolina to use its strict voter ID law in the November election.Five votes

09/02/2016

Law firm uses speed-dating approach to law student interviews

http://www.abajournal.com/news/article/law_firm_uses_speed_dating_approach_to_law_student_interviews

What do speed dating and law have in common, more than you would think in New York, read the article below!

A New York law firm is taking an alternative approach to on-campus interviews.Herrick Feinstein recently invited about 50 law students to a cocktail party and interviewed them in a process

08/31/2016

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08/31/2016

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08/30/2016

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08/29/2016

On this day back in 1957 the Civil Rights Act of 1957 was the first federal civil rights legislation to pass congress since 1875. It is noted that while this was not a cure to the racial and gender disparity in the United States at that time it was an important kick-start to the federal government choosiny to take a stand on civil rights. This bill did not include sex or race as a definition of citizenship and unlocked the door to women and racial minorities rights' to vote.

08/28/2016

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08/27/2016

Legal Dictionary - Law.com

Term of the week:
In pari delicto - adv. (in pah-ree dee-lick-toe) Latin for "in equal fault," which means that two (or more) people are all at fault or are all guilty of a crime. In contract law, if the fault is more or less equal then neither party can claim breach of the contract by the other; in an accident, neither can collect damages, unless the fault is more on one than the other under the rule of "comparative negligence"; in defense of a criminal charge, one defendant will have a difficult time blaming the other for inducing him or her into the criminal acts if the proof is that both were involved.

(Based on http://dictionary.law.com/ definition)

ALM's Law.com online Real Life Dictionary of the Law. The easiest-to-read, most user-friendly guide to legal terms. Use it free!

08/26/2016

US swim team legal troubles sheds light on international law - NEWS 1130

An interesting article to say the least gives some insight into the world of international law! Read the full article at the link below!

http://www.news1130.com/2016/08/22/us-swim-team-legal-troubles-sheds-light-on-international-law/

NEWS 1130's legal analyst weighs in on what you should do and keep in mind if get on the wrong side of the law while travelling abroad.

08/25/2016

Civil rights group releases scorecard on police body camera policies

From JURIST we have a bit of news published last saturday about a hot button issue nationwide, the use of police body cameras and the policies in place behind them. Take a look and read the article for yourself.

http://www.jurist.org/paperchase/2016/08/civil-rights-group-releases-scorecard-on-police-body-camera-policies.php

[JURIST] The Leadership Conference on Civil and Human Rights and data analysis company Upturn [official websites] released the Body Worn Cameras Scorecard [statistical report] on Saturday, a report which concluded that the policies concerning civil rights and the use of body cameras varied widely in...

08/24/2016

A ‘$10 million painting’ just became worthless thanks to court decision

Local Newspaper reports on the $10 Million Painting case involving artist Peter Doig. The judges ruling in this case has made this painting worthless to the chagrin of Fletcher the owner who was suing for $7 Million in damages due to the loss of value when Peter Doig denied making the piece. Read more at the link below!

https://www.washingtonpost.com/news/morning-mix/wp/2016/08/24/a-10-million-painting-just-became-worthless-thanks-to-court-decision/

Artist Peter Doig wins a battle with the painting's owner.

08/24/2016

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08/23/2016

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