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Monthly Archives: July 2012

Bank dodges liability for lawyer’s chicanery

A Hong Kong investor saw $5 million go up in smoke in a deal with a crooked Boston lawyer.

Yesterday, Massachusetts’ highest court decided that the lawyer’s bank had no liability in the matter – even though it knew that a client account central to the scheme had a history of dishonored checks.

Click here to read the full article, and visit the Lawyers USA home page  at lawyersusaonline.com for the latest legal news.

Search by impetuous drug dog upheld

A dog sniff around the exterior of a car is not a search under the Fourth Amendment.

But what happens when a drug dog takes it upon himself to leap through an open car window and search the interior?

Click here to read the full article, and visit the Lawyers USA home page  at lawyersusaonline.com for the latest legal news.

Same-sex marriage void in light of civil union

It turns out that two Massachusetts men dissatisfied with their same-sex marriage don’t have to worry about the formality of a divorce after all.

Yesterday, the state’s highest court decided that their marriage was void from the start.

Click here to read the full article, and visit the Lawyers USA home page  at lawyersusaonline.com for the latest legal news.

Law firm immune in search of party’s home

The Utah Supreme Court this month extended the state’s litigation privilege to conduct, meaning a law firm and its attorneys were immune from tort claims arising from the search of a home pursuant to discovery orders issued in a client’s civil case.

Click here to read the full article, and visit the Lawyers USA home page  at lawyersusaonline.com for the latest legal news.

Waiter who choked on quesadilla denied comp

It’s hard to imagine how a flour tortilla stuffed with melted cheese and refried beans could possibly be a hazard of one’s job.

But one TGI Friday’s waiter indeed accomplished the unimaginable, turning his sampling of a quesadilla into a workers’ compensation claim.

Click here to read the full article, and visit the Lawyers USA home page  at lawyersusaonline.com for the latest legal news.

IRS rejects attorney’s ‘self-generated’ records

You’d think a lawyer of all people would appreciate the necessity of properly documenting his expenses when claiming a business deduction on his federal income taxes.

But one Wisconsin attorney has come to grief after making the mistake of relying on “self-generated” records to substantiate the expenses for his solo practice.

Click here to read the full article, and visit the Lawyers USA home page  at lawyersusaonline.com for the latest legal news.

Hartford off the hook for drunk man’s fatal tumble

Lawyers typically struggle in vain to get life insurance companies to pay up for a drunk-driver’s death. But does an alcohol exclusion apply when an man dies from a simple fall down his own front door steps?

The 5th Circuit just decided that it doesn’t take a criminal act for an insurer to invoke an intoxication exclusion to deny accidental death benefits for an alcohol-related fatality.

Click here to read the full article, and visit the Lawyers USA home page  at lawyersusaonline.com for the latest legal news.

Flight attendant loses suit for turbulence-related injury

While some would ascribe godlike powers to the federal government, few doubt that its handle on the weather is spotty at best.

Setting aside the legalese, perhaps that simple understanding is why one Southwest Airlines flight attendant stood little chance of winning a $25 million lawsuit against the Federal Aviation Administration for injuries she suffered when her flight was struck by severe turbulence.

Click here to read the full article, and visit the Lawyers USA home page  at lawyersusaonline.com for the latest legal news.

Is attorney liable for pre-litigation remarks to press?

Lawyers are generally free to speak their minds in the course of litigation without fear of being sued for defamation. But courts are still grappling with just how far to extend this privilege to pre-litigation activity.

Take the case of one Texas lawyer who found herself at the wrong end of a defamation suit when the press reported her statements at a community meeting held to discuss a potential toxic tort class action.

Click here to read the full article, and visit the Lawyers USA home page  at lawyersusaonline.com for the latest legal news.

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