... children leads off article "From Atticus Finch to Harry Potter" (The West Virginia Record). The writer interviews Pat McHenry Sullivan (about whom I blogged here before) on the stress of legal practice and the strain on ethics, and about how ... , the elderly, the disabled, and everyone on the bottom of our economic pyramid, or the thousands of lawyers in the private commercial practice of law, in solo, small and large firm practices who contribute millions of hours per year in free or reduced fee ...
August 17, 2008 11:57 pm
... city limits, word has come that Martinsburg, West Virginia has clarified its own laws regarding handguns, officially stating that it only bans guns in public buildings, but that carrying of handguns on the street is legal. Previously, the legality of carrying ... down a similar handgun ban. Evanston was challenged by a lawsuit from the National Rifle Association, and wished to avoid an expensive legal battle. The NRA has also targeted Oak Park, Illinois and the city of Chicago, though the latter ...
August 14, 2008 09:45 pm
... , these time limits vary depending on whether the employee quit or was fired. State laws have been established to dictate the timing of final paychecks. If an employer fails to ... penalties such as accrued interest and attorney fees, if the employee had to pursue legal action. Here is a breakdown of the mandated delivery of final paychecks, listed by state: Alabama: ... is fired: next pay period. If employee quits: next pay period. West Virginia: If employee is fired: within 72 hours. If employee quits: ...
August 14, 2008 08:45 pm
... merit. Pediatric Condition Falsification (PCF) is described as a form of psychological abuse. Valuation options, case examples and legal interventions will be discussed. In the second program, you will be a part of a dynamic program on cross examination of experts and other witnesses ... used by wealthy couples. AAML Fellows Brian Webb from Dallas, Texas and Philip Schwartz from Fairfax, Virginia will be presenters. Phil has spoken extensively on off-shore trusts and other asset protection plans and ...
August 13, 2008 03:39 pm
... class action tolling is another area where we could keep a scorecard. After all, the law has been mostly favorable to the defense position, so getting ahold of all of ... involve personal injury or not, because some courts are more tempted to toll state-law antitrust or securities claims (again, not our primary area of interest) where the claims mirror ... class action tolling even where the class action was certified. Personal injury case. In re West Virginia Rezulin Litigation, 585 S.E.2d 52 (W. Va. ...
August 7, 2008 12:49 pm
Updating this ILB entry from Aug. 4th, Marcia Coyle of The National Law Journal reports today in a brief story: Bar, campaign reform and citizens' groups this week filed briefs urging the U.S. Supreme Court to hear a case challenging a West Virginia Supreme Court justice's refusal to recuse himself from a case involving his ... amicus briefs, along with the Brennan Center for Justice, the Reform Institute and the Campaign Legal Center. In Caperton v. Massey Coal, No. 08-22, the president of a coal ...
August 7, 2008 11:09 am

Accommodation for Lawyers

(Workers Comp Insider)
Lawyers wrote the Americans with Disabilities Act, so it's no surprise that would-be lawyers constantly try to raise the bar on accommodations within the legal profession. Case in point, Shannon Kelly, a 2003 graduate of Barry University School of Law in Orlando, Florida. Last year Kelly took the bar exam in West Virginia. In response to his stated disability, the...
August 6, 2008 04:13 pm

Selections from National Law Journal Daily Headlines August 4, 2008

(New York Supreme Court Criminal Term Library Blog)
... , August 4, 2008. Subscription needed for online access [www.law.com] Review sought on judicial recusals "The ethical hornets' nest stirred up by the refusal of an acting West Virginia chief justice to recuse himself from a multimillion-dollar ... add talent "More law firms are giving associates a shot at courtroom action, a strategy that helps with the recruitment of top legal talent, as well as retention. In a world where an associate may work for years at a large firm and never take a deposition ...
August 4, 2008 09:39 am
From Law.com High Court Review Sought on Judicial Recusals Marcia Coyle August 04, 2008 The ethical hornets' nest stirred up by the refusal of an acting West Virginia chief justice to recuse himself from a multimillion- ... in the American Bar Association's model code, according to James Sample, an attorney with the Brennan Center for Justice, which, with the Campaign Legal Center and The Reform Institute, plans to file an amicus brief supporting review. The standard essentially says that a judge ...
August 2, 2008 11:54 pm
... Indianapolis Motor Speedway with Strahov Stadium in Prague, Czech Republic, second. Dear legal readers and also international readers not interested in American football - please ... near equals. OKLAHOMA SOONERS Rivals.com Preseason Countdown: No. 4 Oklahoma West Virginia mauled the Sooner defense in the 2008 Tostitos Fiesta Bowl to win 48- ... Tech, Auburn, LSU, Texas, Kansas, Wisconsin, BYU, ASU, Tennessee, Oregon, Virginia Tech, Penn State, Illinois, Wake Forest, South Florida, Pittsburgh, Fresno ...
August 1, 2008 10:45 pm
... t substantially justified. Applying Buckhannon Board and Care Home, Inc. v. West Virginia Department of Health and Human Resources, 532 U.S. 598 (2001), the First says that the petitioner was a prevailing party because of course the legal relationship of the parties changed, there was a "judicial imprimatur" for the this change. What was really going on was a "remand order" rather than an administrative order. Anyway, getting to the ...
August 1, 2008 08:32 pm

Legal News - LexBlogosphere: 7/31/08

(Real Lawyers :: Have Blogs)
... arising under the DMCA - The blogging lawyers & attorneys at Thelen in the firm's Technology Law Update The widow woman's land - Texas lawyer Jeff Rambin in his ... - Charleston attorney Jeffrey Mehalic in his West Virginia Business Litigation Blog Major decision by Chancery Court on corporate law aspects of mergers and acquisitions - Wilmington ... Moines attorney Liz Overton of Sullivan & Ward in the firm's Iowa Law Blog New DOT regulation requires expanded observed urination in drug testing ...
August 1, 2008 01:11 am
... seems incredibly bright for such a compact DLP projection system. More later on this as well - it seems pretty close to "perfect" for legal road warriors. Testing Windows Home Server - I'm in the process of setting up and testing Windows Home Server, which ... . Add to that the busiest summer MicroLaw has ever had with client projects going literally from Hawaii in the west to West Virginia in the east with British Columbia, Wisconsin, Illinois and several other states keeping all of us hopping. Now ...
August 1, 2008 12:13 am

"True Threat"

(CYB3RCRIM3)
... the facts that gave rise to the charges: Steven Voneida, 24, of Harrisburg, . . . placed a photographic illustration and poem focusing on the Virginia Tech shootings on his MySpace page on April 18, [2007]. . . . A poem entitled `the Ballad of Cho Seung-hui' about ... judge, instead of a jury . . . which could have been a wise move, especially if he was relying on the legal claim that what he posted was not a threat). According to a press release from the U.S. Attorney's for the Middle District of ...
July 30, 2008 10:36 am
... Cravath system required lawyers to work together collaboratively to further the clients' interests. This resulted in efficient and highly effective legal services that engendered the abiding loyalty of clients and more demand for the firm's services. See Results or Résumé ... (124), or Yale (54). According to Swaine, "in recent years there has been an increasing number from the law schools of the Universities of Virginia and Michigan." These two schools rounded out the top five : (UVA 30, Michigan ...
July 29, 2008 01:48 pm
... n. 3 (fraud under Alabama law); TXO, supra, at 452 (plurality opinion) (slander of title under West Virginia law); Haslip, 499 U. S ... grouped. Accordingly, given the need to protect against the possibility (and the disruptive cost to the legal system) of awards that are unpredictable and unnecessary, either for deterrence or for measured retribution, we ... See, e.g., ibid. ("recognizing products liability . . . as part of the general maritime law"); American Export Lines, Inc. v. Alvez, 446 U. S. 274 ...
July 27, 2008 03:27 pm
... and viewpoints you'll find there are relevant to anyone who seeks intelligent conversation about legal issues or smart tips on the business of running a practice - law or ADR. Blawg Review #169, this week's edition, continues the ... presents examples of effective branding and shares Whisper's philosophy of strategic brand building. You can still catch last week's presentation of Blawg Review, when West Virginia Business Litigation served as host. Next Monday New York criminal defense blog Simple ...
July 23, 2008 11:25 am

S2P2J Releases 43 and 44

(Beyond Structured Settlements)
... by the Deficit Reduction Act of 2005 (DRA). Release 44 will highlight the need for more specific structured settlement legal authority related to Social Security, Medicare and Medicaid. Structured Settlement Transfers - The secondary annuity market ... to track and analyze secondary market developments. Release 44 will update state structured settlement protection legislation in West Virginia and Rhode Island. Release 44 also will continue to track business conduct of factoring companies including ...
July 20, 2008 11:39 pm

VT - Tougher laws, safer kids?

(Sex Offender Issues)
... expand the implementation of the statute nationwide. Those laws include community notification acts (Alabama), child protection acts (West Virginia), and 25-year minimums reflective ... hosts have publicly argued about the need and appropriateness of implementing Jessica's Law in Vermont. Controversial Fox News commentator Bill O'Reilly has made ... s an inescapable reality. Driving them into hiding would be a bad outcome of legal changes. "Do you want to know where they are? I feel safer knowing where he ...
July 20, 2008 07:38 am
Charleston's Jeff Mehalic of West Virginia Business Litigation, and a citizen of America's best-kept energy secret, gave us a Bastille Day Blawg Review ... -written without being "windy". A decent respect for language, important to some lawyers and law students, is highlighted. We particularly liked being directed to "The Whiff of a Lawsuit" at f/k/a ... We were also comforted by Ross Guberman's post at his fine Legal Writing Pro about Supreme Court grammar errors. We apologize for delaying this mention ...
July 16, 2008 08:01 am