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INEFFECTIVE ASSISTANCE OF COUNSEL 

Published: March 21, 2012

Tags: ineffective assistance of counsel

A criminal defendant could assert an ineffective assistance of counsel claim with respect to plea deals that his lawyer failed to communicate to him before they expired.

See “Counsel right extended to expired plea deals”

U.S. Supreme Court. Missouri v. Frye, No. 10-444. March 21, 2012. Lawyers USA No. 993-3653.

WORKERS’ COMPENSATION 

Published: March 20, 2012

Tags: workers' compensation

The maximum workers’ compensation benefits available to a longshoreman must be based on the national average weekly wage for the fiscal year in which he became disabled.

See “Longshore Act maximum rate set at date of disability”

U.S. Supreme Court. Roberts v. Sea-Land Services, Inc., No. 10-1399. March 20, 2012. Lawyers USA No. 993-3649.

FAMILY AND MEDICAL LEAVE ACT 

Published: March 20, 2012

Tags: Family and Medical Leave Act

A state employee who was denied leave for his own sickness cannot sue the state for violating the Family and Medical Leave Act.

INEFFECTIVE ASSISTANCE OF COUNSEL 

Published: March 20, 2012

Tags: ineffective assistance of counsel

A criminal defendant had a narrow right to the effective assistance of counsel in a post-conviction proceeding.

See “Court recognizes post-conviction counsel right”

U.S. Supreme Court. Martinez v. Ryan, No. 10-1001. March 20, 2012. Lawyers USA No. 993-3648.

PATENTS 

Published: March 20, 2012

Tags: patents

A process patent for correlations between blood test results and patient health was not patent eligible pursuant to 35 U.S.C. §101 because it incorporated laws of nature.

U.S. Supreme Court. Mayo Collaborative Services v. Prometheus Laboratories, Inc., No. 10-1150. March 20, 2012. Lawyers USA No. 993-3647.

INEFFECTIVE ASSISTANCE 

Published: March 5, 2012

When evaluating motions to substitute counsel in capital cases under 18 U.S.C. §3599, courts should employ the same “interests of justice” standard that applies in non-capital cases under §3006A.

U.S. Supreme Court. Martel v. Clair, No. 10-1265. March 5, 2012. Lawyers USA No. 993-3609.

PRODUCT LIABILITY 

Published: February 29, 2012

Tags: product liability

Federal law preempts product liability claims brought by the estate of a railroad worker who died from mesothelioma allegedly caused by exposure to asbestos in locomotives and locomotive parts.

See “Locomotive Act preempts asbestos claims”

U.S. Supreme Court. Kurns v. Railroad Friction Products, No. 10-879.  Feb. 29, 2012. Lawyers USA No. 993-3598.

MEDICAID 

Published: February 23, 2012

Tags: Medicaid, Supremacy Clause

A federal agency’s recent approval of state cuts to certain Medicaid payments requires reconsideration of whether private challenges to those cuts may be maintained under the Supremacy Clause.

See “Calif. Medicaid cuts must be reconsidered”

U.S. Supreme Court. Douglas v. Independent Living Center of Southern California, No. 09-958.  Feb. 22, 2012. Lawyers USA No. 993-3580.

CIVIL RIGHTS 

Published: February 22, 2012

Tags: civil rights, Fourth Amendment, qualified immunity, search and seizure, §1983

Police officers were immune from being sued for violating the Fourth Amendment by executing a purportedly overbroad “all firearms” search warrant.

See “Police aren’t liable for executing ‘overbroad’ warrant”

U.S. Supreme Court. Messerschmidt v. Millender, No. 10-704.  Feb. 22, 2012. Lawyers USA No. 993-3579.

LAND USE 

Published: February 22, 2012

The Montana Supreme Court erred in ruling that Montana owns and may charge for use of certain non-navigable riverbeds.

U.S. Supreme Court. PPL Montana, LLC v. Montana, No. 10-218. Feb. 22, 2012. Lawyers USA No. 993-3582.