The Law Blog of Plaintiff's Attorney Max Kennerly
As Justice Oliver Wendell Holmes wrote,
Great cases, like hard cases, make bad law. For great cases are called great, not by reason of their importance in shaping the law of the future, but because of some accident of immediate overwhelming interest which appeals to the feelings and distorts the judgment.
Northern Securities Co.
"Removal" is the process by which a defendant in a state court case "removes" the case to federal court. 28 U.S.C. § 1441(b) makes it sound so simple:
Any civil action of which the district courts have original jurisdiction founded on a claim or right arising under the Constitution, treaties or laws of the United
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One of the positive parts of being involved with The Philadelphia Inquirer’s bankruptcy is, though I’ve had to slog my way through over 1,500 separate filings (most of which are irrelevant to my clients) since The Inquirer filed bankruptcy in February, I’ve also been privy to extraordinarily exhaustive briefings of what are, on the surface…
Yesterday, after posting a link to a productivity guide recommending email be checked twice daily, I saw this leaked email from a big name at a litigation powerhouse:
Now more than ever there are many talented lawyers and law firms competing for our business. Doing really good legal work is not enough. Clients expect that
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The more information available to a court about a case, the more informed and thus more sound the court’s analysis will be. Conversely, the less a court knows about a case, the less informed and thus less sound its opinion will be.
I agree with Howard: limiting the appellate record makes it harder for the appellate court to closely and carefully review the case, which increases the risk to both parties of the appellate court unintentionally rendering an ill-informed opinion unjustified by the actual facts.
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Continue Reading The Risks (and Benefits) of Being Adversarial In Designating The Appellate Record
I admire Judge Posner, one of the flag bearers for the law and economics movement. He is thoughtful, prolific, and has not succumbed to the extraordinary pressure judges feel to guard their actual thoughts and feelings. He is in every sense of the word an open book, and we should be grateful for that.
It…
Walter Olson at Point of Law refers us to a proposal by a Democratic legislator in Maryland:
Primary-care providers who practice at federally qualified health centers do not need to purchase medical malpractice insurance. Why? The government promises to cover any claims against them under the Federal Tort Claims Act. If a patient has a
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As you may already know (Google News already lists 300+ articles on it):
A state investigation found that a Montgomery County swim club racially discriminated in June when it revoked an agreement to allow a Northeast Philadelphia day camp to use its pool after 56 African American and Hispanic children made their first visit.
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The AmLaw Daily reports:
When news broke Wednesday that guitar virtuoso Joe Satriani’s copyright suit against the band Coldplay had been settled, the Litigation Daily raced to Pacer to download the documents. After all, it’s not every day that a copyright dispute between an aging guitar god and one of the biggest rock bands
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The print edition of September’s Emergency Physicians Monthly features a debate between yours truly and WhiteCoat, EPM’s in-house blogger on the subject, “Does Medical Malpractice Liability Impact Access To Emergency Care?”
I’ve posted the debate below, with footnotes added to show my sources. I believe WhiteCoat will update his with sources when he gets…