New Cases In The North Carolina Business Court: June 2009

(North Carolina Business Litigation Report)
... Shareff case, below. BB&T BOLI Plan Trust v. Massachusetts Mutual Life Ins. Co. (Forsyth)(Diaz): alleged mismanagement of $55 million securities ... . Smith (New Hanover)(Diaz): plaintiffs allege that the defendants formed a sand mining business that was intended to include the plaintiffs as members, but failed to include them. Also claims ... companies, claims under North Carolina Securities Act and North Carolina Investment Adviser Act and for common law fraud. Related to the Berton case, above. ...
July 2, 2009 09:12 am

New Sites of Note, 7.2.09

(Robert Ambrogi's LawSites)
... that. [Hat tip to Colette Vogele.] PublicInterestLawJobs. A new career site from Incisive Media that focuses on job opportunities and career management in public interest law. Legal Current. A new blog from Thomson Reuters that presents information and commentary on the business and practice of law. The Massachusetts Real Estate Law Blog. News and commentary from Richard D. Vetstein, a lawyer in Framingham, Mass.
July 2, 2009 07:48 am
... larceny… in one way or another. "Larceny" is basically another word for "theft" under the Massachusetts General Laws. According to Chapter 266of such laws, anyone " Who steals, or with intent to defraud obtains by a false pretence, or whoever unlawfully, ... valuables, it is a "burglary". Many examples of larceny are considered "white collar crimes". This is especially true in business- related crimes such as fraud, embezzlement and the like. In the past, people thought that white collar crimes were ...
July 2, 2009 06:46 am

New York Law Journal: State and Federal Decisions July 2, 2009

(New York Supreme Court Criminal Term Library Blog)
... of its unilaterally imposed workplace regulation relating to employee e-mails to her attorney." UPS Capital Business Credit v. Abbey REAL PROPERTY - Foreclosures - Equitable Subrogation "Where a mortgagee accepted a mortgage whose proceeds ... disregard of the maintenance and cure obligation remain available as a matter of general maritime law". Melendez-Diaz v. Massachusetts CRIMINAL PRACTICE â€" CONFRONTATION CLAUSE "Admission of certificates of state laboratory analysts, stating that material ...
July 2, 2009 01:23 am
... Workplace Fraud Act which will go into effect in October 2009. States such as New York and Massachusetts have created multi-agency task forces to effectively route out worker misclassification. At the federal level, ... from that of any client. Additionally, the agency addressing the issue will consider factors such as whether the contractor is a separate business entity that holds itself out to the general public by advertising its services, is separately incorporated, has its own bank account ...
July 1, 2009 11:28 am

Down Fur the Count

(Michael Markarian: Animals " Politics)
... week gave final approval to a bill requiring the labeling of all animal fur garments, making it the fifth state-after Delaware, Massachusetts, New York, and Wisconsin-to better protect consumers from fraudulent fur selling. It's a major step forward for policymaking ... ) for carrying this important reform through to passage, and we hope Governor Jon Corzine will quickly sign it into law. New Jersey is poised to become the fifth state to pass legislation on fur labeling. It's not only in the public ...
July 1, 2009 09:13 am
... the benefits of sharing? Well, Investigators in Western Massachusetts have recently learned those benefits first-hand. As a result of sharing information with other police departments, West Stockbridge law enforcement believe they have stopped a spree of ... County, N.Y. police departments, along with state police from the Lee barracks, met Thursday to discuss the string of business break-ins that had been occurring -- all of which follow a similar pattern, according to Stanton. That meeting, along ...
July 1, 2009 06:18 am
... personal injury law round-up #35 Medical News: Offering to Pray for Patient's Well-Being Gets Nurse … Real Estate Space: Massachusetts Blawgs Connie Crosby ... birth-injury program may bar entrants tennessee medical malpractice, erisa, business litigation and … Injury lawyer John Hochfelder Dedicates Blawg Review #209 ... Nominated to First Appellate District Probate Summary Administration « Nassau Florida Family Law … taxonomy: legal specialties Mr. President, Be The Advocate Your Mother Needed Dems ...
June 30, 2009 08:31 pm
... week apart, for those of us in the education world, was that we got three school law rulings. So here we go: The special ed case First, the Court ... do try to work with the school district." Charles P. Conroy, executive director of a Massachusetts private school, offers reassurance in a Boston Globe op-ed. In this entry on his ... plaintiffs welcomes the opportunity. The Supremes to school officials After such a busy week shaping school law, perhaps it's fitting that a speech Chief Justice John Roberts ...
June 30, 2009 09:29 am

Selections from National Law Journal Daily Headlines June 29, 2009

(New York Supreme Court Criminal Term Library Blog)
... left the environmental community, and even its traditional antagonist in these cases - the business community - wondering where the Court is heading in this increasingly important area of the law." Can the Voting Rights Act survive another challenge? "Now that the ... for prosecutors "Both sides agree: The U.S. Supreme Court's ruling in Melendez-Diaz v. Massachusetts requiring that forensic evidence be presented at criminal trials by a witness who can be cross-examined will impose new burdens on ...
June 29, 2009 02:17 am
... like that? Only one other has been criminally charged with any crimes that netted them a boat load of money. According to the WSJ the auditor of Bernard L. Madoff Investment Securities has been charged. According to the WSJ the Commonwealth of Massachusetts has sued a Fairfield Greenwich Group feeder. The New York Attorney General has sued another fund run by another designated feeder. The other feeders have not been charged. The WSJ has an interactive chart showing all the participants in the ...
June 28, 2009 02:07 am

The 150% Solution

(InsureBlog)
... How will they do that? By expanding the qualification for Medicaid from 100% of the FPL to 150%. Right now the federal Medicaid law is 100% of poverty. Changing that to 150% of poverty level puts all this cost on the states. And that hadn't been ... of the free plan? Quite a few. We saw this in Massachusetts when they revised the children's Medicaid and SCHIP income requirements to 200% of the FPL. And what about the expected mandate that businesses pay or play? Either they provide health insurance ...
June 27, 2009 01:06 pm
... 21 that it would not hear an appeal by Capital One Bank against a Massachusetts revenue authority decision to tax the company based on the amount of business it conducted in the state, regardless of the fact that the company had no 'physical presence.' Capital ... Massachusetts courts," the decision said. Toys R US subsidiary Geoffrey, Inc., was also challenging the tax law. We have recently written about the aggressive attempts of state governments to recover lost revenue by expanding their taxing ...
June 26, 2009 01:07 pm
... done more effectively. In some cases, their opinion of you will also count. Furthermore, support staff may be aware of who in the firm is busy (and, therefore, who may be a potential source of work). Be nice to everyone. Here's an upside to all this. Usually, it ... dangerous and dubious [PPT - Slide 7]. Some words of advice for summer associates of 2009 [Massachusetts Lawyers Weekly] Earlier: Advice For Summers From Georgetown Sponsored Topics: Facebook - Employment - Law - Words of Wisdom - Advice
June 26, 2009 12:56 pm

A tale of two cases

(The Briefcase)
... , as the US Supreme Court interpreted it in Crawford v. Washington. Yesterday, the latter body, in Melendez-Diaz v. Massachusetts, essentially told the former they got it wrong. The case is relatively simple. Melendez-Diaz was arrested for drug possession. ... " which stated that the seized items had been examined and "found to contain: Cocaine." This procedure was permitted by Massachusetts law, and constituted prima facie evidence that the items were narcotics. This would also seem to present a ...
June 26, 2009 03:41 am
Here are some early thoughts about the majority opinion in Melendez-Diaz v. Massachusetts, 2009 WL 1789468, and Justice Thomas's concurrence. I'll try to write in a few days about the dissent. First, ... and not for the purpose of establishing or proving some fact at trial - they are not testimonial. Whether or not they qualify as business or official records, the analysts' statements here - prepared specifically for use at petitioner's trial - were testimony against petitioner, and the analysts ...
June 25, 2009 01:05 pm
... decide any business cases today, but two of the appeals it did rule on bear some kinship to matters commercial. The first involved whether general maritime law allows ... some fact at trial -- they are not testimonial. Whether or not they qualify as business or official records, the analysts' statements here -- prepared specifically for use at petitioner's ... the analysts were subject to confrontation under the Sixth Amendment. Melendez-Diaz v. Massachusetts, No. 07-591, slip op. at 18 (U.S. June 25, ...
June 25, 2009 09:17 am

Collaborative Divorce Links

(Sam Hasler's Indiana Divorce " Family Law Blog)
... Team Trainings LLCInformation about the collaborative divorce process. www.collaborativedivorce.com/ - 5k - Cached - Similar pages The Collaborative Law Institute of MinnesotaCreating and practicing collaborative non-adversarial strategies to help clients in family ... a dignified and respectful ... www.collaborativelaw.org/ - 15k - Cached - Similar pages Massachusetts Collaborative Law Council - Business Law, Employment ...Massachusetts Collaborative Law Council, attorneys specializing in Business ...
June 25, 2009 09:13 am

Are Doctors Better Than Lawyers? Yes

(Maryland Injury Lawyer Blog)
... the last two blog posts, I have found reason #394835 why I want my kids to be doctors instead of lawyers: an on-line law school course graduate has been made a new member of the Massachusetts bar. This new lawyer's picture is in the Boston Herald story. He looks like a great guy and I give him credit for fighting the system, fighting his case to the Massachusetts high court, and becoming a lawyer. That's great and he will probably be a good lawyer. But can ...
June 25, 2009 05:19 am

Godzilla v. Mothra

(Texas Court of Criminal Appeals blog)
... Cochran squealing with glee. Today, SCOTUS handed down the much-anticipated opinion in Melendez-Diaz v. Massachusetts. The Court held, not really surprisingly, that the State's introduction of a affidavits detailing a laboratory analysis of seized ... Texas from another Apprendi-like storm. More problematically for the State, the majority has indicated that not all business records are going to be immune to a Confrontation Clause challenge and courts will need to look to whether the records are ...
June 25, 2009 04:36 am
 
 

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