Benchmarks http://lawyersusaonline.com/benchmarks Just another Lawyer\'s USA Online weblog Fri, 07 Jun 2013 13:47:09 +0000 en hourly 1 http://wordpress.org/?v=3.3.1 ‘Sleep driving’ defense allowed in DUI case http://lawyersusaonline.com/benchmarks/2013/06/07/sleep-driving-defense-allowed-in-dui-case/ http://lawyersusaonline.com/benchmarks/2013/06/07/sleep-driving-defense-allowed-in-dui-case/#comments Fri, 07 Jun 2013 13:47:09 +0000 Pat Murphy http://lawyersusaonline.com/benchmarks/?p=5244 An Oregon man has had his felony drunk driving conviction overturned on the ground that he was improperly barred from presenting a “sleep driving” defense at trial.

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]]> http://lawyersusaonline.com/benchmarks/2013/06/07/sleep-driving-defense-allowed-in-dui-case/feed/ 0 EA Sports ruling a game-changer for NCAA athletes http://lawyersusaonline.com/benchmarks/2013/06/04/ea-sports-ruling-a-game-changer-for-ncaa-athletes/ http://lawyersusaonline.com/benchmarks/2013/06/04/ea-sports-ruling-a-game-changer-for-ncaa-athletes/#comments Tue, 04 Jun 2013 13:08:18 +0000 Pat Murphy http://lawyersusaonline.com/benchmarks/?p=5241 A federal court ruling last month looks to be the breakthrough long sought by college athletes who claim they deserve a share of the hundreds of millions of dollars generated by their performances on NCAA football fields and basketball courts.

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]]> http://lawyersusaonline.com/benchmarks/2013/06/04/ea-sports-ruling-a-game-changer-for-ncaa-athletes/feed/ 0 State Farm must defend drunk homeowner http://lawyersusaonline.com/benchmarks/2013/05/31/state-farm-must-defend-drunk-homeowner/ http://lawyersusaonline.com/benchmarks/2013/05/31/state-farm-must-defend-drunk-homeowner/#comments Fri, 31 May 2013 13:34:43 +0000 Pat Murphy http://lawyersusaonline.com/benchmarks/?p=5236 A Pennsylvania court ruled earlier this month that State Farm had a duty to defend a 71-year-old homeowner sued for shooting a houseguest he mistook for an intruder.

The Pennsylvania Superior Court concluded that the fact the homeowner had a blood alcohol level of .187 when he pulled the trigger may mean that an intentional injury exclusion in State Farm’s policy does not bar coverage of the lawsuit.

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]]> http://lawyersusaonline.com/benchmarks/2013/05/31/state-farm-must-defend-drunk-homeowner/feed/ 0 Litigation privilege barred attorney fraud claims http://lawyersusaonline.com/benchmarks/2013/05/29/litigation-privilege-barred-attorney-fraud-claims/ http://lawyersusaonline.com/benchmarks/2013/05/29/litigation-privilege-barred-attorney-fraud-claims/#comments Wed, 29 May 2013 13:39:08 +0000 Pat Murphy http://lawyersusaonline.com/benchmarks/?p=5232 Five Connecticut divorce lawyers have convinced the state’s high court that they enjoyed absolutely immunity when sued for fraudulently concealing the assets of a client.

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]]> http://lawyersusaonline.com/benchmarks/2013/05/29/litigation-privilege-barred-attorney-fraud-claims/feed/ 0 Ex-NCAA quarterback can pursue publicity claim against EA Sports http://lawyersusaonline.com/benchmarks/2013/05/22/ex-ncaa-quarterback-can-pursue-publicity-claim-against-ea-sports/ http://lawyersusaonline.com/benchmarks/2013/05/22/ex-ncaa-quarterback-can-pursue-publicity-claim-against-ea-sports/#comments Wed, 22 May 2013 13:27:34 +0000 Pat Murphy http://lawyersusaonline.com/benchmarks/?p=5228 The First Amendment does not bar the lawsuit of a former Rutgers quarterback who claims that EA Sports used his likeness without permission in the immensely popular “NCAA Football” series of video games.

That’s the conclusion reached Tuesday by the 3rd U.S. Circuit Court of Appeals.

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]]> http://lawyersusaonline.com/benchmarks/2013/05/22/ex-ncaa-quarterback-can-pursue-publicity-claim-against-ea-sports/feed/ 0 Mo. court reinstates $28M punitive award for fatal plane crash http://lawyersusaonline.com/benchmarks/2013/05/20/mo-court-reinstates-28m-punitive-award-for-fatal-plane-crash/ http://lawyersusaonline.com/benchmarks/2013/05/20/mo-court-reinstates-28m-punitive-award-for-fatal-plane-crash/#comments Mon, 20 May 2013 13:30:20 +0000 Pat Murphy http://lawyersusaonline.com/benchmarks/?p=5224 The third time apparently is a charm. After an award of $28 million in punitive damages in a product liability case over a fatal plane crash twice failed to pass judicial scrutiny, a Missouri appellate court sitting en banc decided that the jury had it right in the first place.

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]]> http://lawyersusaonline.com/benchmarks/2013/05/20/mo-court-reinstates-28m-punitive-award-for-fatal-plane-crash/feed/ 0 Indiana Supremes restore cap on punitive damages http://lawyersusaonline.com/benchmarks/2013/05/16/indiana-supremes-restore-cap-on-punitive-damages/ http://lawyersusaonline.com/benchmarks/2013/05/16/indiana-supremes-restore-cap-on-punitive-damages/#comments Thu, 16 May 2013 13:04:52 +0000 Pat Murphy http://lawyersusaonline.com/benchmarks/?p=5221 The Indiana Supreme Court has overturned a lower court ruling that the state’s $50,000 cap on punitive damages violated a personal injury plaintiff’s right to a jury trial.

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]]> http://lawyersusaonline.com/benchmarks/2013/05/16/indiana-supremes-restore-cap-on-punitive-damages/feed/ 0 Coca-Cola could require employee to undergo mental exam http://lawyersusaonline.com/benchmarks/2013/05/13/coca-cola-could-require-employee-to-undergo-mental-exam/ http://lawyersusaonline.com/benchmarks/2013/05/13/coca-cola-could-require-employee-to-undergo-mental-exam/#comments Mon, 13 May 2013 13:20:16 +0000 Pat Murphy http://lawyersusaonline.com/benchmarks/?p=5217 A federal court of appeals has decided that Coca-Cola didn’t violate the Americans with Disabilities Act when it required an employee to undergo a psychiatric fitness-for-duty evaluation.

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]]> http://lawyersusaonline.com/benchmarks/2013/05/13/coca-cola-could-require-employee-to-undergo-mental-exam/feed/ 0 YouTube video sinks defense in child murder case http://lawyersusaonline.com/benchmarks/2013/05/08/youtube-video-sinks-defense-in-child-murder-case/ http://lawyersusaonline.com/benchmarks/2013/05/08/youtube-video-sinks-defense-in-child-murder-case/#comments Wed, 08 May 2013 13:40:59 +0000 Pat Murphy http://lawyersusaonline.com/benchmarks/?p=5213 A Delaware man accused of murdering his infant daughter wanted jurors to believe that he was absolutely devastated by what he claimed was a tragic accident.

Unfortunately, the “grieving” father made the mistake of posting a video on YouTube showing him yukking it up as a participant in a silly radio contest.

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]]> http://lawyersusaonline.com/benchmarks/2013/05/08/youtube-video-sinks-defense-in-child-murder-case/feed/ 0 Ohio ruling on text solicitations draws mixed reviews http://lawyersusaonline.com/benchmarks/2013/05/07/ohio-ruling-on-text-solicitations-draws-mixed-reviews/ http://lawyersusaonline.com/benchmarks/2013/05/07/ohio-ruling-on-text-solicitations-draws-mixed-reviews/#comments Tue, 07 May 2013 11:33:56 +0000 Pat Murphy http://lawyersusaonline.com/benchmarks/?p=5210 Last month, Ohio became the first state to give the green light to lawyers sending text messages to solicit prospective clients.

But at least one expert says it makes no sense to treat text message advertisements differently from a lawyer making a direct phone call solicitation, which is universally deemed a violation of professional rules of conduct.

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