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Legal News

Legal Blog Watch

Tracks the daily musings of Law.com bloggers.
By Lisa Stone

Post Frequency: 34.5/day

Last Entry: March 31, 2011 at 17:07:51

Friday's Three Burning Legal Questions

Posted on October 08, 2010
Here are today's three burning legal questions, along with the answers provided by the blogosphere. 1) Question: I'm a lawyer. I haven't recited the Pledge of Allegiance since elementary school and now the judge in a case I'm handling is demanding that we all stand up and say the Pledge in his courtroom? What can he do to me if I refuse? Answer: He could throw you in jail for contempt of court, for one thing...

Tiny Speck in Universe Suing Dido for Using His Photo on Album Cover

Posted on October 08, 2010
Do you see the plaintiff in the image above? No, not that fleck of dust on your screen. Look above the earth, but below the text. Under the "H" in the word "Home." See that? That little speck of white is Bruce McCandless, a NASA astronaut who is suing singer Dido, Sony Music, Arista Records and Getty Images for using his picture...

Jury Awards Pitcher $52K for Injury Suffered on Mound Deemed 'Too Big'

Posted on October 08, 2010
As the father of four boys who spends more time on youth baseball fields then any other adult in the United States, I was a bit dismayed to read about a 17-year-old pitcher in Prince George?s County, Md. who fractured his right arm while throwing a pitch in a baseball game -- and then somehow obtained a $52,703 jury verdict against the tournament organizer for building a mound that was "too big and too deep...

Bad Idea Squared: Cops Rob Drug Dealer ... Except He's One of Them

Posted on October 07, 2010
Talk about bad luck. There you are, just trying to supplement your meager civil servant's salary by doing a little moonlighting, and you have to go and choose a "business partner" who isn't who he says he is, ruining your whole plan. That is -- sort of -- what happened to two Philadelphia police officers this week, as noted by the South Carolina Criminal Defense Blog...

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Technorati Conducting 'State of the Blogosphere' Survey

Posted on October 07, 2010
I just spent 12 minutes taking the "State of the Blogosphere" Survey, sponsored by Technorati. Technorati has been conducting this survey and releasing comprehensive annual reports, along with selected interviews and other features, since 2004. Last year's report for example, included interviews with, among others, Andrew Breitbart and Arianna Huffington...

'Red Light' Cameras Soon to Be 'Anything We Can Ticket You for' Cameras?

Posted on October 07, 2010
Back in July, we brought you the news that a court in California had ruled that photographs taken by "red light cameras" were inadmissible as hearsay in a case where a motorist ticketed for running a red light challenged his citation. Not only has this ruling not deterred California municipalities from operating the "photographic enforcement" systems, but, as reported by the Los Angeles Times' LA Now blog (and FindLaw's Law & Daily Life), the city is keenly aware that more revenue can be generated from use of the cameras if they can just tweak the law to allow tickets to be issued for all of the other driver naughtiness captured on film...

Lawyers: Gather Ye Text Messages While Ye May

Posted on October 07, 2010
As should be painfully obvious to regular readers of this blog, my colleague Judge Carton is the resident technology guru, what with his expertise on tweeting and the like. So I'm sure he already knew everything I read in this article posted on the website for Law Technology News (and also published in the New York Law Journal)...

Lying About Cancer, Part II: It Turns Out It CAN Get Worse

Posted on October 06, 2010
What's worse than lying about having cancer, which I discussed here last week? Not much, but how about lying about your healthy 12-year-old son having cancer? Prosecutors allege that Carol Lynn Schnuphase, an unemployed mother in Detroit, went so far as to drug her child to make him act lethargic and shave his head and eyebrows while accepting thousands of dollars in donations for his "treatment...

Pay Your $75 Fee or South Fulton Fire Dept. Will Watch Your Home Burn to the Ground

Posted on October 06, 2010
I thought a statement made by the Oakland Police back in August was pretty bold ("If you come home to find your house burglarized and you call, we're not coming"), but that was before I learned about how they roll at the South Fulton Fire Department in Tennessee...

Blawg Roundup on 'I'm Not a Witch'

Posted on October 06, 2010
First and foremost, you should know that Christine O'Donnell, Delaware's Republican candidate for the Senate, has put out an ad that opens with a declaration that I assume has never before been made by a political candidate: "I'm not a witch!" The awesomeness of this development has not escaped the notice of the blawgosphere this morning...

Gloria Allred Offered for Sale on EBay

Posted on October 05, 2010
Famous (and controversial) lawyer Gloria Allred has been in the news most recently for her representation of Nicky Diaz Santillan, a former housekeeper of former EBay CEO, and current candidate for Governor of California, Meg Whitman. Diaz claims to have been "emotionally and financially abused" by Whitman during her tenure, and disputes Whitman's claims that Whitman and her husband were unaware of Diaz's immigration status until recently...

(Other) Lawsuit of the Day: Gay Skydiving Instructor Sues Over Firing

Posted on October 05, 2010
Well, chute (that's a pun, not a typo; read on). Just when you go and declare something the Legal Blog Watch Lawsuit of the Day, the interwebs (via the tips of friends and colleagues) go and try to prove you wrong. Deadspin and the New York Post bring us the story of Donald Zarda, the erstwhile skydiving instructor who was fired for something he says he couldn't have done...

Lawsuit of the Day: Partner Booted From Three Firms Sues 'Em All!

Posted on October 05, 2010
Grab your cup of coffee (or your bottle of Jeremiah Weed Sweet Tea Vodka -- we don't judge) and get comfy. Today's lawsuit of the day is a fun one. This article in the New York Law Journal describes, in a good bit of detail, the lawsuit brought by Joel S...

'Obamacare' Aficionados Rejoice: ACA Litigation Blog Is Up and Running

Posted on October 05, 2010
Thanks to the Volokh Conspiracy, I found out this morning about the ACA Litigation Blog, a one-stop repository for all the court filings in both cases challenging the new health care law. The site is run by Professor Brad Joondeph of Santa Clara University Law School, and is well-organized, clean and simple...

Monday's Three Burning Legal Questions

Posted on October 04, 2010
Here are today's three burning legal questions, along with the answers provided by the blogosphere. 1) Question: It is a gorgeous day and we are going to do some jetskiiing on the lake. Is there anything we should watch out for? Answer: Beware of lake pirates...

The Gap Seeks to Shut Down 'Gapnote'

Posted on October 04, 2010
Please take a look at the logo below for a new social media company called Gapnote: Before we go any further with this post, can you think of any reason why the company should not be permitted to use the name "Gapnote" or the logo above? [waiting....waiting...

Memo to Starbucks Baristas: Just Stick to Pouring the Coffee, Bro

Posted on October 04, 2010
I'm seeing a trend in some of the "Starbucks barista" stories I come across. In short, Mr. or Ms. Barista, you are not the police, or a school marm, or a superhero, and Starbucks doesn't want you acting like one -- no matter how much sense it might make to you...

Who Owns a Terminated Employee's Twitter Account?

Posted on October 04, 2010
On his Spam Notes blog, Venkat Balasubramani attempts to answer an interesting question inspired by CNN's recent firing of anchor Rich Sanchez for comments he made about comedian Jon Stewart. The question, first posed by Marshall Kirkpatrick at ReadWriteWeb, is who owns the rights to Sanchez's CNN-branded Twitter account (@ricksanchezcnn) with over 146,000 followers? Kirkpatrick asks: "Does Sanchez own his Twitter account or does CNN? Ought he be required to remove the reference to CNN from his name?" Venkat writes that absent an agreement governing the right to the username, the issue is quite muddy...

Senate Acts to Protect DVR-Less Viewers From Hearing Loss

Posted on October 01, 2010
OK, so I'm being a little snarky. But it's Friday, forgive me. According to this AP report, the Senate passed a bill Wednesday to regulate the volume of television commercials. In another example of astonishingly hokey acronym use, the bill is known as the Commercial Advertisement Loudness Mitigation Act, or "CALM...

Regulatory Inquiries Costing Gunmaker a Pretty Penny

Posted on October 01, 2010
Enjoy reading SEC filings? Neither do I. Luckily, there are some people who do, and sometimes they let us know when they find something interesting. To wit, yesterday the Legal Literacy Blog had a post on firearms company Smith & Wesson's most recent 10-Q...

Texas Governor's Campaign Ads -- IP Problem?

Posted on October 01, 2010
We've entered the full-court press period in terms of the runup to Election Day. Which means the nasty campaign ads are flying fast and furious, especially (CLAP! CLAP! CLAP!) here in the heart of Texas. I heard one yesterday that got my law-geekiness flowing...

Brooklyn ADA 'Apprentice' Quits Before She Can Be 'Fired'

Posted on October 01, 2010
All over the country this morning, lawyers who thought they could successfully handle reality TV stardom without sacrificing their, well, reality, are weeping. According to the ABA Journal, "Apprentice" contestant Mahsa Saeidi-Azcuy, or, as described in that publication's headline, the "scary yelling lawyer," has resigned from her position as an Assistant District Attorney in Brooklyn...

Thursday's Three Burning Legal Questions

Posted on September 30, 2010
Here are today's three burning legal questions, along with the answers provided by the blogosphere. 1) Question: Hey LBW, I need a quick answer as I am a prosecutor in the middle of a trial. We need to show that that the defendant's home was closer to one cell tower than to another cell tower...

Who Needs a Vice Squad? Now Prostitution Becomes Legal in Canada

Posted on September 30, 2010
Crazy times in the vice world, huh? To sum up recent events, you may soon be able to light up a fatty in California, as the state appears poised to legalize marijuana in a vote scheduled for November. In addition, reports coming out of Canada indicate that yesterday, a Toronto judge struck down the country's prostitution laws altogether, finding that the laws were actually endangering sex workers? lives...

SoloCorps Website Shares Solo Practitioner's Stories on Video

Posted on September 30, 2010
You probably assume that after retiring as one of the lead authors of Legal Blog Watch, Carolyn Elefant is now relaxing on a beach in the Mediterranean, lighting cigars with $100 bills and otherwise living the dream life that rightfully belongs to all former LBW writers...

Federal Court Brief Cites to 'Tweet' From a Professor

Posted on September 30, 2010
Via the Legal Writing Prof Blog I learned that in a brief filed earlier this week in federal court in Illinois, plaintiffs cited a "tweet" by Professor Adam Winkler (@adamwinkler). As discussed by Josh Blackman's Blog, in a case involving a ban of guns within city limits, the defendants referred the court to the work of noted UCLA Law Professor Adam Winkler relating to standards of review...

'Death Ray' Threat No Longer Limited to Fans of Sci Fi

Posted on September 29, 2010
Speaking of Vegas hotel pools that are too hot for some tastes, it appears as though one of Sin City's newest properties may be burning some of its guests worse than that dealer who always manages to pull a six-card 21. Gawker has a post on the new Vdara hotel, one of few properties on the strip that does not house a casino...

Lawsuit of the Day: Hard Rock Cafe Upset by Hard Rock Hotel's Image

Posted on September 29, 2010
Just the other week, we brought you news that IHOP was suing IHOP. Today, via the Wild Wild Law blog, we present Hard Rock vs. Hard Rock. Last week, reports the Las Vegas Sun, Hard Rock Cafe International brought suit in federal court in New York seeking to cancel its licensing agreement with the Hard Rock Hotel and Casino in Las Vegas...

Iranian 'Blogfather' Sentenced to 19 1/2 Years in Prison

Posted on September 29, 2010
Another day to be happy you live here in the U.S. According to a report on the Jurist Paper Chase blog, Hossein Derakhshan, the man credited with popularizing blogging in Iran, was sentenced yesterday to a prison term of 19 1/2 years for his blogging and activism...

Florida Lawyer Wants to Teach You How to Benefit From Bank Fraud

Posted on September 29, 2010
Recent admissions by big-time mortgage lender GMAC that its personnel had filed false affidavits in foreclosure cases have been much in the news lately, and have spurred investigations by the attorneys general of several states. The admissions have also resulted in some opportunity for increased business for attorneys like Roy Oppenheim, who runs what he calls one of the leading Florida foreclosure defense firms...

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