71. Boring gets a bad rap. Boring is playing by the rules, sticking to the fundamentals and working hard. If you’re called “boring,” take it as a complement. “Boring” is a term often tossed around by those whom
In Kurns v. R.R. Friction Prods. Corp., 132 S. Ct. 1261 (2012), the Supreme Court considered whether Federal railroad safety laws pre-empted a rail worker from suing a railroad parts manufacturer under a more protective state regulation for his
61. Send the judge a courtesy copy of your motionand a copy of the cases you cited and bring an extra copy to the hearing. Bring a blank order and don’t leave the judge’s chambers until you have hashed out the language of the
51. Everyone has his own way of doing things. When serving the needs of a client, partner or judge, serve his needs, not some generic recipient of your services. To do that, get to know your recipient – what he likes
41.Have a theme for your life. What are you trying to accomplish? When it’s all said and done, and your career is over, what do you hope to have done with your life? Don’t settle for figuring out what your
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05/11/2012 Teresa Soppet v. Enhanced Recovery The district court judge certified the issue of whether a consent to receive automated calls on a cell phone continues after the phone number is assigned to a new party. United States Court of Appeals,Seventh Circuit
05/10/2012 Pacific Pictures v USDC-Cala Pacific Pictures filed a petition for a writ of mandamus, attempting to overturn an order finding that Pacific’s attorney waived the attorney-client privilege. United States Court of Appeals, Ninth Circuit.
05/08/2012 Insurance Company of the West v. Island Dream Homes, Inc. Insurance Company, an insurer of a condominium, appealed a judgment as a matter of law under in favor of Island Dream in an action that alleged Island Dream’s negligence in conducting roof repairs caused a large stone veneer wall to fall and damage the condominium. United States Court of Appeals for Eleventh Circuit
05/07/2012 Payton v. Astrue Payton appealed a denial of disability insurance benefits. United States Court of Appeals for the Tenth Circuit
05/04/2012 Thorpe v. Ted Bowling Construction Thorpe, a claimant for Workers’ Compensation benefits appealed her award, arguing that the Workers’ Compensation Commission (WCC) incorrectly determined that amount of benefits she was entitled too. Supreme Court of Virginia
05/03/2012 Gilbert v. Residential Funding LLC In a suit alleging that the defendants violated various consumer protection laws in connection with a residential mortgage, the district court's grant of the defendants' motion to dismiss is reversed in part, United States Court of Appeals for the Fourth Circuit
05/03/2012 Estate of Morgens v. Comm'r of Internal Revenue Mrs. Morgens paid the gift tax on the § 2519 deemed transfers of the Residual Trusts and that her estate should be increased under the gross-up rule of § 2035(b) by the value of the gift taxes paid. United States Court of Appeals, Ninth Circuit.
05/02/2012 Bartlett v. Mutual Pharmaceutical Co., Inc., Jury award of $26.01 million in a case where the plaintiff developed a hypersensitivity reaction called Stevens–Johnson Syndrome after taking a non steroidal anti-inflamatory drug for shoulder pain was affirmed. First Circuit Court of Appeals
05/01/2012 CASEY v. MERCK CO INC Virginia recognizes neither equitable nor statutory tolling due to the pendency of a putative class action in another jurisdiction. United States Court of Appeals,Second Circuit
05/01/2012 In re Federal-Mogul Global Inc., Federal–Mogul Global and its affiliates filed for Chapter 11 bankruptcy and sought to resolve asbestos-related liability through the creation of a personal-injury trust under 11 U.S.C. § 524(g), the Court found that the transfer to this trust did not violate the anti- assignment provisions of the Insurance policies. Third Circuit Court of Appeals l
05/01/2012 Valero v. Bd. of Retirement Tulare County Valero appealed an order from the Superior Court, denying his request for an administrative writ of mandate directing the Board to grant him a service connected disability retirement. Court of Appeals of California
04/27/2012 WURZEL V. WHIRLPOOL CORP. Summary judgment upheld for Whirlpool in employment discrimination case United States Court of Appeals for Sixth Circuit
04/26/2012 Eads v. Borman Eads sought review of an order from the Oregon Court of Appeals, which upheld an award of summary judgment to an LLC in an action for medical malpractice based on a theory of apparent agency. Supreme Court of Oregon
04/26/2012 MERCHANT V. BAUER Denial of police officer’s motion for summary judgment for qualified immunity upheld United States Court of Appeals for Fourth Circuit
04/26/2012 ALMY V. SEBELIUS Medicare Appeals Council refusal to provide Medicare Part B coverage for knee osteoarthritis device upheld United States Court of Appeals for Fourth Circuit
04/26/2012 CROWLEY V. NEVADA Help America Vote Act does not create private right of action under section 1983 United States Court of Appeals for Ninth Circuit
04/23/2012 ANAGO FRANCHISING, INC. V. SHAZ, LLC Settlement properly effected by filing stipulation under FRCP 41 United States Court of Appeals for Eleventh Circuit
04/20/2012 MARC BROWN V. CONCORD GROUP INSURANCE COMPANY Supreme Court of New Hampshire Interprets “Your Work” Exclusion in Insurance Coverage Action Supreme Court of New Hampshire
04/20/2012 AES Corporation v. Steadfast Insurance Co. AES appealed a judgment which entered a declaration that a civil complaint filed against AES did not allege an “occurrence,” as that term was defined in an insurance policy with the insurer, such that Steadfast did not owe the AES defense or liability coverage. Supreme Court of Virginia
04/18/2012 CORNELIUS V. NATIONAL CASUALTY COMPANY Uninsured Motorist Coverage Available to Employee Using Bucket Truck to Work on Elevated Power Lines Supreme Court of South Dakota
04/17/2012 POUNDERS V. ENSERCH E&C, INC., ET AL. Arizona Court of Appeals Applies New Mexico Statute of Repose in Asbestos Lawsuit State of Arizona, Court of Appeals, Division One
04/17/2012 USPPS, LTD. V. AVERY DENNISON CORP. Complaint against law firm for breach of fiduciary duty dismissed for failure to comply with statute of limitations United States Federal Circuit
04/16/2012 GRADE V. BNSF RAILWAY COMPANY 2007 Amendments to the Federal Railway Safety Act did not Overrule Supreme Court’s Holding in Shanklin United States Court of Appeals, Eighth Circuit
04/13/2012 WALSH V. ADVANCED CARDIAC SPECIALISTS Arizona Juries May Award No Compensation to Successful Plaintiff in Wrongful Death Case Supreme Court of Arizona
04/09/2012 L.A. Printex Industries, Inc. v. Aeropostale, Inc. L.A. Printex sued Aeropostale for copyright infringement. The district court granted Aeropostale’s motion for summary judgment and denied L.A. Printex’s motion. L.A. PRintex appealed. United States Court of Appeals – Ninth Circuit
05/12/2011 Ryerson, Inc. v Federal Insurance Company Liability insurance policy does not cover refund to a purchaser of subsidiaries to settle fraud claims. United States Court of Appeals – Seventh Circuit
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