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ABA considers internal changes

Emotions run high when slicing up the pie. Some years, the hot topics at the annual meeting of the American Bar Association’s House of Delegates focus upon the justice system or the practice of law. This year, however, the most ...

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Attorney Fees Case Analysis

Although DeWitt Ross and Stevens may have won its action, the victory may be a Pyrrhic one for family law practitioners generally. Even if the court ultimately holds that subsec. (3)(a) is constitutional, clients have been given enormous leverage in ...

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Roundtable Discussion

Bankruptcy Reform Part II On April 20, 2005, President Bush signed into law the Bankruptcy Abuse Prevention Act of 2005. Although some elements of the act already have taken effect, the majority of changes will take place in October. Some ...

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Roundtable Discussion

On April 20, 2005, President Bush signed into law the Bankruptcy Abuse Prevention Act of 2005. Although some elements of the act already have taken effect, the majority of changes will take place in October. Some of the biggest changes ...

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Samaritan Case Analysis

The lead opinion reaches the correct result on the Good Samaritan issue in this case, but the reasoning it employs could be problematic in other cases, because it seems to adopt a wholly objective definition of "emergency care," with no ...

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Punitive Case Analysis

Given that the proper ratio to consider, of punitive to compensatory damages, is not actual damages, but potential damages, the award in this case is clearly not excessive on that basis. As the court noted, actual damages from a drunk ...

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Statistical Web sites by the numbers

Numbers are important. The legal field often utilizes statistics for justification or explanation. This article highlights several quality Web sites that provide statistical data on a variety of topics. Some provide information in a simple chart, while others allow the ...

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Limited Remand Case Analysis

The decision is not the first to review the reasonableness of a sentence after a Paladino remand, but it is significant, nevertheless. In U.S. v. Mykytiuk, No. 04-1196, 2005 WL 1592956 (7th Cir., July 7, 2005), the court affirmed a ...

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Sixth Amendment Case Analysis

The decision is noteworthy for a couple of reasons. First, the court appears sympathetic to the argument that the interrogation by federal agents in this case did violate the right to counsel. The court could easily have stated that it ...

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Illegal evidence may be used at sentencing

Statements taken in violation of the right to counsel may be considered at sentencing, the Seventh Circuit held on July 28, where the purpose of the interrogation was not to gather evidence against the defendant, but against co-conspirators. Paul A. ...

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Defamation Case Analysis

The decision is a good candidate for review in the Supreme Court, and attorneys whose clients are adversely affected by it should preserve the issue for further review, because there is substantial authority from other jurisdictions to the contrary. The ...

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Defamation complaint not covered by insurance

“Although the section of the complaint specifically discussing defamation did not use magic words like ‘wanton and willful,’ ‘malicious,’ ‘purposeful,’ or ‘intentional,’ … a fair reading of the complaint as a whole warrants the conclusion that the plaintiffs accuse Elliott ...

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FDCPA Case Analysis

The court wrote, "The FDCPA was created to protect consumers from abusive practices by debt collectors." The decision shows what can happen if attorneys attempt to use the FDCPA as a sword, rather than as a shield, and then miss ...

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FDCPA threat leads to sanctions

A law firm was properly sanctioned for responding to a client’s dunning letter with a frivolous threat to sue under the Fair Debt Collection Practices Act, the Seventh Circuit held on July 18. Judith A. Kelly wrote a bad check ...

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Constitution Case Analysis

The greatest impact of the two decisions is not the particular holdings themselves, but that, in criminal cases, the Wisconsin Constitution will no longer be interpreted in lock-step with the U.S. Constitution. Suppression motions that previously would have been patently ...

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Damage Cap Case Analysis

The two most significant questions raised by the decision are whether any damage cap can survive constitutional scrutiny, and whether other provisions of Chapter 655 governing medical malpractice can. The majority opinion and the concurrence repeatedly claim that the decision ...

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Med mal damage cap violates constitution

The Wisconsin Supreme Court on July 14 held the state’s cap on noneconomic damages in medical malpractice actions unconstitutional. Matthew Ferdon was born partially paralyzed and has a deformed right arm. At trial for medical malpractice, the jury awarded $700,000 ...

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