Solis v. Summit Contractors, Inc., No. 07-2191. Summit Contractors was the general contractor for building a college dormitory in Little Rock, Arkansas, and subcontracted the entire project. Because of the subcontract agreement, Summit Contractors had only four employees at the project. One of the subcontractors, All Phase Construction, failed to use personal fall protection on [...]
Archive for February, 2009
Eighth Circuit follows regulatory agency interpretation of controlling employer citation policy under OSHA.
Posted in Regulatory Law on February 27, 2009 | 1 Comment »
Eighth Circuit rejects legal certainty standard to withstand remand under the Class Action Fairness Act of 2005.
Posted in Practice & Procedure on February 26, 2009 | Leave a Comment »
Bell v. The Hershey Co., No. 08-2458. Plaintiff filed a class action antitrust case against several chocolate manufacturers in Iowa state court, alleging $4.99 million in damages. Defendants removed the case to federal court under the Class Action Fairness Act of 2005 (“CAFA”). The CAFA has three jurisdictional requirements: (1) minimal diversity, (2) one hundred or [...]
Third Circuit holds that arbitration clauses can be struck down if they contain class-arbitration waivers.
Posted in Arbitration, Contract Law on February 26, 2009 | Leave a Comment »
American Express was sued over the terms of its Blue Cash rewards program, but the case was dismissed because the credit card contracts required each member of the class to enter into arbitration with American Express individually. On appeal, the Third Circuit Court of Appeals noted there was a question of whether state law would [...]
More details about state sovereignty movement.
Posted in Constitutional Law, Politics on February 25, 2009 | Leave a Comment »
I found an interesting blog article explaining in more detail. Click here to check it out.
In Focus: Arkansas legislature joins other states in declaring sovereignty.
Posted in Constitutional Law, In Focus, Politics on February 25, 2009 | Leave a Comment »
I first learned of this interesting development a few weeks ago when I stumbled upon the blog New World Liberty. While this is not the normal sort of blog I would read, I was intrigued by the discussion nonetheless. I happened upon the blog again today, with its updated version of the article I first [...]
Mini-trials after a common question of law or fact has been decided in a class action are likely unconstitutional.
Posted in Constitutional Law, Practice & Procedure, Products Liability, Torts on February 25, 2009 | Leave a Comment »
Anthony J. Sebok, a Professor at Benjamin N. Cardozo School of Law in New York City, has written an interesting article regarding the recent mini-trials in Florida against tobacco companies. The article is here.
Arkansas Supreme Court refuses to allow intervention in probate estate case with felon as administrator.
Posted in Medical Malpractice, Practice & Procedure, Trusts & Estates on February 24, 2009 | Leave a Comment »
Kelly v. Estate of Kenneth Edwards, Sr., Deceased, No. 08-1234. Under Arkansas law, a person cannot serve as administrator of an estate if he or she is a convicted felon. In August 1996, plaintiff pled guilty to two felonies (theft of property and forgery). After his father died, plaintiff was appointed administrator of his father’s [...]
Arkansas Court of Appeals holds that city’s lease of property to FEMA did not trigger 30-day appeal deadline.
Posted in Practice & Procedure, Torts on February 19, 2009 | Leave a Comment »
Buck v. Hope, CA 08-709. After Hurricane Katrina, FEMA approached the city of Hope to lease part of the Hope Municipal Airport for storage of mobile homes. Plaintiff owns land adjacent to the airport and operates a chicken farm there. After the city agreed to lease the land to FEMA, FEMA later requested permission to [...]
Fourth Circuit upholds search of farmland without a warrant through “open field” doctrine.
Posted in Animal Law, Constitutional Law, Criminal Law on February 17, 2009 | Leave a Comment »
In 2006, the Virginia Department of Game and Inland Fisheries visited the soybean farm of Steve VanKesteren after receiving a report that he had killed two red-tailed hawks in violation of the Migratory Bird Act. The visit produced no evidence, and the Virginia Department of Game and Inland Fisheries set up video surveillance of the [...]
Seventh Circuit says attack of another economist’s theory in Freakonomics is not defamation.
Posted in Torts on February 16, 2009 | Leave a Comment »
In the 1990s, John Lott theorized that right-to-carry laws decreased crime in his book, More Guns, Less Crime: Understanding Crime and Gun Control Laws. When Steven D. Levitt, who wrote Freakonomics with co-author Stephen Dubner, he stated that Lott’s theory was not true. For a full account of this story, click here.
Jodie L. Hill
-
Twitter Updates
- RT @ProsperbyDesign: Weird Trick to Save Tons of Time and Keep Your Clients Hot & Buying http://goo.gl/fb/LmNKC #uncategorized 2 days ago
- RT @TimothyPONeill: What Is 'An Option To Buy?'How is it different from "a right of first refusal?" http://bit.ly/ddcrv6 2 days ago
- RT @JayneJuvan: "Art is a personal act of courage, something one human does that creates change in another." ~ Seth Godin 3 days ago
- RT @chamberkathy “Be still, and know that I am God! I will be honored by every nation. I will be honored throughout the world” Psalm 46:10 3 days ago
- Looking forward to the service at #thecitychurch this a.m. 3 days ago
Categories
- Administrative Law
- Animal Law
- Antitrust
- Arbitration
- Blawg Review
- Blog Directories
- Business Law
- Civil Rights
- Constitutional Law
- Construction Law
- Consumer Protection
- Contract Law
- Criminal Law
- Disability Law
- Education Law
- Eleventh Amendment
- Employment Law
- Environmental Law
- Ethics
- Family Law
- First Amendment
- Fourth Amendment
- General Information
- Health Law
- Homeland Security
- Immigration Law
- In Focus
- Insurance Law
- Internet Law
- Jurisdiction
- Legislation
- Medical Malpractice
- Politics
- Practice & Procedure
- Probate Law
- Products Liability
- Property Law
- Regulatory Law
- Tenth Amendment
- Torts
- Transportation Law
- Trusts & Estates
- Uncategorized
-
Recent Posts
- New York appeals court refuses to fire teacher for sending romantic e-mails to a 15-year-old student.
- Missouri Court of Appeals upholds firings of officers for failure to take bleeding, pregnant woman to the hospital.
- Trademark Trial & Appeal Board nixes use of “the other red meat” as trademark for salmon.
- Arkansas Court of Appeals holds that a successful plaintiff may seek attorney fees under Ark. Code Ann. § 23-79-209, even if declaratory judgment was sought as a counterclaim.
- The Court of Federal Claims upholds discharge of service member for obesity resulting from compulsive overeating.
-
Top Posts
Archives
This Day at Law- Story of the Day
- Law.com Newswire
-
Blog Stats
- 17,795 hits
-
-
-
-
