During Wednesday’s oral arguments in the Supreme Court case Krupski v. Costa Crociere – a civil procedure case asking whether a plaintiff who named the wrong defendant, but should have known the right defendant, can amend the complaint to correct ...
Read More »Amazing Stories: ‘A meteor caused my car crash!’
You’d think that a lawyer would be laughed out of court if he claimed that his client was the unfortunate victim of a meteor strike. That such a case would trigger an all-out war between a state judge and county ...
Read More »Goldman suit makes case for radical change
President Barack Obama’s administration and Congress continue to ignore the primary cause of our financial debacle and to propose reforms that badly miss the mark. The cause was first and foremost financial fraud, of which the Securities and Exchange Commission’s ...
Read More »Leave packrattery behind in managing electronic records
Hoarding is the latest newsworthy “condition,” with national news reports and reality TV shows spotlighting extreme hoarders to demonstrate how crippling and potentially dangerous the hoarding of material objects can be. There is also such a thing as “digital hoarding,” ...
Read More »Wanted: litigators, not social workers
I recently attended a lecture by former U.S. District Court Judge Mark R. Filip. Among the things he said is that judges, however learned in the law they may be, have no special moral training. And that sentencing a defendant, ...
Read More »‘Espinosa’ ruling offers insight on standards for void orders
The U.S. Supreme Court recently unanimously affirmed an appeals court decision to let stand an erroneous order of a U.S. Bankruptcy Court. The Supreme Court order in United Student Aid Funds, Inc. v. Espinosa, unanimously confirmed a Chapter 13 plan ...
Read More »The risks in opposing the lawyer-less adversary
If you do any litigation, you have probably faced an unrepresented adverse party. According to statistics from the federal courts, 27 percent of all civil filings are by pro se litigants. In many state courts, the percentage is higher. Transactional ...
Read More »300 public defenders talk arson and inspiration
Last week I had the pleasure of spending three days in Branson with more than 300 public defenders from across the state as we attended various continuing legal education programs. It’s a great opportunity for us PDs to get together ...
Read More »Abortion foes find fertile ground in health law
So now Republican state legislators want to deny women insurance coverage for abortions, even those willing to pay for a special rider with their own dollars. You would think abortion is illegal, or that everyone in the country holds the ...
Read More »Lookin’ for love in all the wrong places
Ah, what a fine mess. You’re a government employee who gets demoted for having an extramarital affair with a subordinate. Hey, here’s an idea. Maybe you can get your old job back by crying about your First Amendment rights? Yeah, ...
Read More »Commentary: $1 trillion time bomb posts phony profit
The Federal Home Loan Banks are a frequently overlooked band of government-chartered cooperatives whose name screams systemic risk with every word. Federal means Uncle Sam. Homes are a declining asset. A loan is money out the door. And banks are ...
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