Via Howard Bashman, last week a three-judge panel of the First Circuit Court of Appeals issued a per curiam opinion in Rodriguez-Machado v. Shinseki, affirming a District Court’s grant of summary judgment in an Age Discrimination in Employment Act case. It was a routine case that had been dismissed by the District Court for three commonplace reasons: the plaintiff, who worked at the Veterans Administration, (1) had not been injured enough in their workplace to have suffered an “adverse employment action”; (2) had not shown the hostility she suffered at work rose to the “level of severity or pervasiveness” required ... Continue Reading
More than a year ago, I blogged in Legal Malpractice Case Sends Dismissed Appeal Back To Appellate Court To Say What It Would Have Done about the malpractice case which came about in the wake of Kanter v. Epstein. The whole thing was, in a word, ugly. Kanter v. Epstein was a bare-knuckled affair (I suppose that's to be expected when all of the parties are themselves lawyers, most of them Philadelphia litigators) which ended only when the Superior Court threw out the defendants' appeals entirely for raising too many issues on the post-trial level and thereby failing to preserve any ... Continue Reading
I've written before about the need for lawyers to create a "paper trail" to protect themselves from later accusations of malfeasance or negligence. Yesterday the New Jersey Law Journal gave a vivid example of where the lack of a paper trail can go: Ex-employees of Prudential Life Insurance who say the company bribed their lawyers to keep their bias claims out of court are seeking access to thousands of documents the company asserts are privileged. The request was made in a motion by Stephen Snyder, the attorney for 73 of the 234 plaintiffs, who told Bergen County Judge Brian Martinotti ... Continue Reading
Retired NFL Players’ Suit: Is It Legal Malpractice To Not Find A Hearsay Exception For An Email By An Out-of-State Witness?
At The American Lawyer: Two separate classes of retired NFL players have sued the two firms, Manatt, Phelps & Phillips and McKool Smith, alleging that they left some retirees out of the settlement and blew the chance for much greater damages, according to a copy of the complaint. The original class action accused the NFL players' union of intentionally excluding retired players from licensing deals, including the ultra-lucrative deal through which the video game maker Electronic Arts purchased the right to use player names and images in its popular John Madden franchise. The union, represented by Dewey & LeBoeuf, denied ... Continue Reading