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The Pain Drain - The Continuing Impact of Pain Management on Health-Care Providers

Over a hundred million Americans suffer from chronic pain. To combat this epidemic, health-care providers have increasingly turned to opioid analgesics. As a result, opioid analgesic use has risen dramatically over the past...more

Alien Tort Case Developments: Three Recent Decisions

Alien Tort GavelIn July, we posted about two recent decisions by federal appellate courts that sought to define the parameters of the “touch and concern” standard established by the Supreme Court in its 2012 decision in...more

Widespread Sexual Abuse of Children in Remote Northern Community Results in Another Priest Being Found Guilty of Sex-Related...

The press reported late last week that former Roman Catholic priest and Oblate missionary Eric Dejaeger has been convicted on 24 of 80 sex-related charges involving Inuit children from the remote community of Igloolik in the...more

Trespassers – Can You Shoot ‘Em?

Under the law, anyone who enters your property is an invitee, licensee or a trespasser. You can summon an invitee, like a pizza delivery driver. An invitee generally enters the property for the parties’ mutual benefit –...more

Status Updates - August 2014 #6

..Ahead of the law? In Hidalgo County, Texas, a former sheriff has been sued civilly over allegedly illegal campaign contributions. (He was also criminally convicted of money laundering.) At a civil deposition in the case, a...more

Boating Safety Issues

Most people already knows that drinking alcohol and driving a car is a dangerous combination, however, there is less awareness of the same dangers while operating a boat. Mix water, a boat and throw in alcohol and the results...more

Vehicular Homicide

Several states have laws referred to as an assault by auto or vehicular homicide as it is considered in Illinois. As the driver of a truck, there is a lot of responsibility; the greatest concern is safety and keeping fatigued...more

Washington Supremes reject causation in stolen gun criminal case – Effect on civil and personal injury law?

A man keeps multiple loaded guns unsecured throughout his house which he shares with a girlfriend, who has periodic visits from her nine year old son. For two days the man does not notice that one of the loaded guns is...more

Increase in Elder Financial Abuse Requires Vigilance, Careful Planning

This May, Ohio Attorney General Mike DeWine launched an initiative aimed at prosecuting abuse of elderly Ohioans. This initiative comes as no surprise, as the incidence of financial exploitation of the elderly is becoming...more

Cambodian Court Finds Blogger Guilty of Defamation

Last week, a British expat living in the Kingdom of Cambodia was convicted of defamation in the Phnom Penh Municipal Court for statements published on his personal blog relating to the director of a private investment firm....more

BB&K Police Bulletin: Police Order To Stay Put While Conducting Background Check Is A Seizure Under Fourth Amendment

The Command Can Implicate Municipal Liability - Overview: The Ninth Circuit recently held that, when a police officer orders a suspect to “stay put,” that command constitutes a seizure under the Fourth Amendment of the...more

The Accidental Criminal Defendant: The Fatal Tracy Morgan Collision Throws Spotlight on the Growing Criminalization of the Traffic...

It came as no surprise that Tracy Morgan sued Walmart last week after the fatal collision on June 7, 2014 between one of the company’s trucks and Morgan’s limousine on the New Jersey Turnpike. Early word that the Walmart...more

In Criminal Defense Victim Restitution is Not Punishment, but it Sure Feels Like it! #CriminalAttorney

ne of the fundamental principles of our criminal justice system is that one person should never be punished for the misdeeds of another. As a result, if an eighteen-year-old gets drunk and smashes several car windows with a...more

Worthless Services/Substandard Quality of Care Criminal Prosecutions May Be on the Rise

If you are an operator of a skilled nursing facility (SNF), you might have faced the reality of insufficient medical staff and how it impacts your ability to deliver quality patient care to your residents. Or, you might have...more

Bullying: Slowly But Surely, the Law Recognizes an Age-Old Problem

How far is too far when it comes to protecting your child from an alleged school bully? A mother in Santa Rosa, California may very well have pushed the limits of good parenting in attempts to protect her daughter earlier...more

Legal Updates for Government Entities Covering May and June 2014

Arizona Court of Appeals (heading) Immunity under A.R.S. § 12-820.03 Glazer v. State of Arizona, --P.3d--, 2014 WL949114 (Ariz.App. 2014) This case arises out of a cross-over crash on I-10 south of...more

"Pay Me, Or Else…": California Court Rules Employee's Pre-Litigation Qui Tam Threat is Extortionate

A California appellate court recently issued a warning to employees who try to negotiate settlements with their employers by making veiled threats to report an employer's real or imagined criminal activity. In Stenehjem v....more

Blecker: GM Recalls Show Need for Harsher Penalties for "Red Collar" Criminals [Video]

July 1, 2014 (Mimesis Law) -- Robert Blecker, professor of law at New York Law School, talks with Lee Pacchia about the recently released internal investigation into the failure to report a problem with ignition switches on...more

Company fined $25,000 for operating electrical contracting business without license under Electricity Act after apprentice injured

An electrical contractor has been convicted and fined for carrying on an electrical contracting business without being licensed under the Ontario Electricity Act. A young apprentice with the company was seriously...more

Judge the Fighting Judge - How Would You Rule?

On June 2, 2014, a fight broke out in the hallway of a Brevard Country, Florida courtroom. The fight was between an assistant public defender and the presiding Judge, Retired Army Reserve Colonel, John Murphy, who threatened...more

A Victory For Crime Victims In Eleventh Circuit

In a decision that will surely have implications for criminal defendants and victims of crimes, on April 18, 2014, the Eleventh Circuit ordered federal authorities to disclose correspondence that took place between Palm Beach...more

International Litigation Update: Second Circuit Clarifies Rules Governing Extraterritorial Application of RICO and Definition of...

In a series of recent decisions, the U.S. Supreme Court has sought to restrict plaintiffs’ ability to apply U.S. law to, and to bring claims in the U.S. courts based on, extraterritorial conduct. In Morrison v. National...more

Legal Issues Delay Goodman Retrial

A notorious drunk driving case continues to draw attention to the legal process in Florida. Multimillionaire John Goodman was behind the wheel of his black Bentley convertible in the early morning hours of February...more

Legal Updates for Government Entities Covering March and April 2014

The Gallaghers sued TUSD and a TUSD school employee, Michael Corum, alleging that Corum sexually abused and/or exploited their developmentally challenged daughter at a TUSD school. The Gallaghers claimed that TUSD was...more

Spain: Football player sentenced to prison for personal injury

The Criminal Court of Vigo sentenced a local football player to 4 months imprisonment for a personal injury offence which occurred in a football game in Vigo, a city situated in north-west Spain. The offence was...more

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