ABA Panel: ‘U.S. News’ Rankings Bad, but What Are You Going to Do?

July 30, 2010

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."

Plaintiffs in N.Y. Police Shooting Call Record $7 Million Settlement Fair

July 30, 2010

The 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.

Male Employees’ Sex Harassment Case Settles Before Full 11th Circuit Rules

July 30, 2010

Lawyers 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.

Three of Obama’s Judicial Nominees Sail Through Hearing

July 30, 2010

Three 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.

Claims Over Juror Threat in Astor Case Rejected, Verdicts Preserved

July 30, 2010

New 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."

Lawyer’s Indecent Proposals to Female Clients Bring One-Year Suspension

July 30, 2010

The 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.

Baker Botts Associates Moving From Lockstep to Merit-Based System

July 30, 2010

Baker 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."

N.Y. Judge Calls Husband’s Pre-Divorce Filing of Back Taxes ‘Despicable’

July 30, 2010

A Suffolk County, N.Y., judge has ruled that a contractor's filing of amended tax returns claiming $1.6 million of additional income on the eve of his divorce trial was simply a malicious attempt to prevent his wife from recovering marital assets, and therefore has refused to apportion the couple's new tax liability. After hearing testimony from a variety of fact and expert witnesses, the court determined that the husband had a single, illegitimate reason for belatedly reporting his business' income.

Calif. Supreme Court Reins in Courts’ Authority in Parole Cases

July 30, 2010

The California Supreme Court today reined in courts' authority in parole cases, saying they should not order prisoners released or "place improper limitations" on the type of evidence the state Board of Parole Hearings considers. The Supreme Court ruled that once a writ of habeas corpus is granted, the courts "generally" should order the parole board to conduct a new hearing where it considers all relevant evidence consistent with due process -- and not order prisoners released or direct what evidence the board considers.

Rejected Health Bill for 9/11 Responders May Be Settled in Federal Courts

July 30, 2010

A bill that would have provided up to $7.4 billion in aid to 9/11 rescue and recovery workers sickened after working in the World Trade Center ruins fell short in the House on Thursday, raising the possibility that the bulk of compensation for the ill will come from a legal settlement hammered out in the federal courts. The bill, which would have provided free health care and compensation payments, failed to win the needed two-thirds majority. The vote, 255-159, fell largely along party lines.

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