Monday, January 26, 2015

Court: BigLaw firms missed $1.5B error, erasing JPMorgan's security interest in GM loan

". . . .The problems began when a partner at Mayer Brown instructed an associate to draft documents to release the bank’s security interest in $300 million in financing that GM was paying off, according to opinion. The associate asked a paralegal to search for UCC-1 financing statements documenting the security interest. The associate found the correct two documents, along with a third–the most important financing statement for an unrelated $1.5 billion loan by a syndicate of lenders for which JPMorgan Chase was the secured party of record.
“No one at General Motors, Mayer Brown, JPMorgan, or its counsel, Simpson Thacher & Bartlett, noticed the error,” though documents were sent to each organization for review, the appeals court said. A lawyer at Simpson Thacher had responded, “Nice job on the documents.” The mistake went unnoticed until GM’s bankruptcy in 2009." More.



Originally posted by Debra Cassens Weiss in ABA Journal News.  Jan. 22, 2015
The Law Lady.  For more info about us, click here.  To be added to our email circulation with MUCH, MUCH more law, click here and specify whether you wish to be added to our CRIMINAL, CIVIL, HEALTH & INSURANCE, 11th CIRCUIT, or all FEDERAL Recent Decisions of Interest. 

Sunday, January 18, 2015

After Sony hack attack, companies are curtailing email use and storage


"After a stunning attack late last year by hackers who stole and publicly released a wide array of confidential Sony Pictures documents, business executives are rethinking their approach to confidential information...'Sony would have fared much better if its executives simply hadn’t made racist jokes about Mr. Obama or insulted its stars—or if their response systems had been agile enough to kick the hackers out before they grabbed everything,' he wrote.
Key lessons from the attack on Sony include the need for companies to actively monitor their systems for evidence of any security breach, chief security strategist Richard Bejtlich of FireEye tells CBS News."  More.


Originally posted by Martha Neil in ABA Journal News.  Jan. 16, 2015
The Law Lady.  For more info about us, click here.  To be added to our email circulation with MUCH, MUCH more law, click here and specify whether you wish to be added to our CRIMINAL, CIVIL, HEALTH & INSURANCE, 11th CIRCUIT, or all FEDERAL Recent Decisions of Interest. 

Friday, January 9, 2015

Dorothy F. Easley Honored as an Expert in Appeals

Dorothy F. Easley, Attorney of Easley Appellate Practice, P.L.L.C., has been recognized for showing dedication, leadership and excellence in appellate law.

Ms. Easley has 20 years of professional experience as an appellate attorney, and almost ten years as a President of Easley Appellate Practice, P.L.L.C. On a daily basis, she serves as the supervising appellate attorney of the firm while managing its operations. In addition, she mentors other attorneys and handles the appeals process for the firm's clients.

Ms. Easley is a nationally recognized author of the federal appellate treatise, "Successful Federal Appeals in All Circuit Courts: A Practical Guide for Busy Lawyers", available on Amazon.com with a second edition soon to be released in 2015. She attributes her success to the fact that she appreciates the value of hard work, perseverance and tenacity. More.

Friday, January 2, 2015

Fourth Circuit Court of Appeals says abortion ultrasound law violates First amendment

"A federal appeals court has ruled that North Carolina’s abortion ultrasound law violates the First Amendment. The law requires physicians to perform an ultrasound, display the sonogram, and describe the fetus to women seeking abortions, even if the woman averts her eyes or refuses to listen. The measure does allow an exception in cases of emergency. In a ruling (PDF) on Monday, the Richmond, Virginia-based 4th U.S. Circuit Court of Appeals said the law is “quintessential compelled speech” that is by its very nature content-based."  More.


Originally posted by Debra Cassens Weiss in ABA Journal News.  Dec 22, 2014 

The Law Lady.  For more info about us, click here.  To be added to our email circulation with MUCH, MUCH more law, click here and specify whether you wish to be added to our CRIMINAL, CIVIL, HEALTH & INSURANCE, 11th CIRCUIT, or all FEDERAL Recent Decisions of Interest. 

Sunday, December 21, 2014

Lawyers face "public intimidation" charges for reacting to police kicking in their door and invading their home

"Husband and wife lawyers in Crowley, Louisiana, have been indicted on charges of public intimidation for their reaction to police who kicked down their door in response to a 911 call from a neighbor. Both lawyers—J. Clay LeJeune, 45, and Mitzi Mayeaux, 40—are well-known, the Advocate reports. Both were charged with public intimidation. LeJeune was also charged with resisting a police officer with force or violence and accused of threatening officers, the article says.
Police provided few details, but the couple’s lawyer, Barry Sallinger, said the charges relate to a May 25 incident, the story says. The neighbor who called police said a girl or woman in the lawyers’ back yard may have been screaming “help me,” adding that it may be nothing, according to Sallinger." More.

Originally posted by Debra Cassens Weiss in ABA Journal News.  Dec 19, 2014 

The Law Lady.  For more info about us, click here.  To be added to our email circulation with MUCH, MUCH more law, click here and specify whether you wish to be added to our CRIMINAL, CIVIL, HEALTH & INSURANCE, 11th CIRCUIT, or all FEDERAL Recent Decisions of Interest. 

Monday, December 1, 2014

Parents re-homing adopted kids may become more regulated and subject to potential criminal prosecution

".... [W]ith the rise of foreign adoptions of children and the inability of some parents to handle troubled youths, more and more desperate families are taking that approach with adopted youngsters and re-homing the children with strangers. Often those re-homed children report gruesome tales of physical, sexual or emotional abuse by their new guardians....In April, Wisconsin became the first state to make it illegal for anyone not licensed by the state to advertise a child older than age 1 for adoption or any other custody transfer, both in print and online. Parents who want to transfer custody of a child to someone other than a relative must seek permission from a judge. Violators face up to nine months in jail or as much as $10,000 in fines....Last summer, Louisiana also banned nonlegal adoption, with offenders facing a penalty of $5,000 and up to five years in prison. Colorado, Florida and Ohio are considering similar laws...." More.

Originally posted by Martha Neil in ABA Journal News.
The Law Lady.  For more info about us, click here.  To be added to our email circulation with MUCH, MUCH more law, click here and specify whether you wish to be added to our CRIMINAL, CIVIL, HEALTH & INSURANCE, 11th CIRCUIT, or all FEDERAL Recent Decisions of Interest. 

Sunday, November 30, 2014

Slain woman's family alleges AA meetings point 'financial, sexual, and violent predators' to victims

A California wrongful death lawsuit claims that AA, a nonprofit organization known for its 12-step program, attracts some "who find it a convenient place to meet targets for a so-called “13th step”–exploiting troubled women sexually and financially...The suit was filed by the parents of a woman who was allegedly killed by a fellow [AA] participant, Eric Allen Earle. His ex-wife and others close to him said he repeatedly relapsed and became violent when drinking, and court records show he had been the subject of six restraining orders."  More.

Originally posted by Martha Neil in ABA Journal News.

The Law Lady.  For more info about us, click here.  To be added to our email circulation with MUCH, MUCH more law, click here and specify whether you wish to be added to our CRIMINAL, CIVIL, HEALTH & INSURANCE, 11th CIRCUIT, or all FEDERAL Recent Decisions of Interest. 

Monday, November 24, 2014

Trademarks, civil rights, and rib roast with green peppercorn-coffee-rosemary-garlic rub over sweet potato mash



Civil rights -- Due process -- Colleges and universities -- Former tenured university professor brought complaint under 42 U.S.C. section1983 alleging his termination failed to comport with procedural due process -- District court did not err in granting defendants' motion to dismiss on ground that plaintiff could not state a plausible claim for relief under Section 1983 with respect to his procedural due process claim -- Plaintiff was afforded adequate procedural due process prior to revocation of his tenure and termination of his employment where he received prior, written notice of charges against him; was represented by counsel at formal hearing before an unbiased faculty committee; presented argument and evidence on his own behalf, including cross-examination of witnesses against him; had a right to appeal his termination to Board of Regents; and submitted a written appeal to Board of Regents -- Lack of a requirement that plaintiff also receive a hearing before university president, that president review and rely on findings of faculty hearing committee or evidence presented at such hearing before making a final decision, or that plaintiff receive an in-person meeting with Board of Regents prior to his termination did not deprive plaintiff of a meaningful opportunity to be heard -- Jurisdiction -- District court had jurisdiction to consider plaintiff's procedural due process claim because plaintiff's federal action under Section 1983 was not barred by doctrine of res judicata and his procedural due process claim was actionable under Section 1983
JOY LASKAR, Ph.D., Plaintiff-Appellant, v. G.P. “BUD” PETERSON, individually and in his official capacity as President of the Georgia Institute of Technology, a Unit of the University System of Georgia, et al., Defendants-Appellants. 11th Circuit.


Contracts -- Real property sale -- Failure to consummate contract -- Purchaser's contract claims for damages and specific performance based on failure to consummate contract for purchase of residential property are barred by remedies limitation provision of the residential contract -- Remedies limitation provision does not contain an unreasonable disparity in remedy alternatives available to parties and thus does not lack mutuality and is enforceable -- Parties' respective remedies are not unreasonably disparate, as pertaining to the failure to consummate sale of residential property, where remedies provision limits purchasing party's remedies for seller's failure to consummate the sale to return of its deposit and out-of-pocket expenses and seller's sole and exclusive remedy for purchaser's failure to consummate the contract was terminating the contract and retaining the earnest money, thus foregoing option of enforcing contract and seeking actual damages or specific performance
INLET BEACH CAPITAL INVESTMENTS, LLC, US 98 CAPITAL INVESTMENTS, LLC, DAVID R. PEARSON, Plaintiffs-Appellants, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as receiver for Peoples First Community Bank Panama City, Florida, a.k.a. FDIC, Defendant-Appellee. 11th Circuit.


Contracts -- Sales -- Accounting -- A Saudi Arabian company that contracted with a Florida-based aircraft parts dealer to sell aircraft parts on consignment sued its contracting party for breach of contract and conversion and requested an accounting -- District court abused discretion when it refused to grant plaintiff an accounting to determine amount, if any, due from defendant -- District court failed to recognize that the fiduciary nature of relationship between parties alone constituted sufficient grounds for an accounting under Florida law and erroneously concluded that an action for damages afforded an adequate remedy at law -- A court-directed accounting was appropriate remedy where defendant, as a consignee, had a fiduciary obligation to account for its handling of plaintiff's parts, parties' contracts explicitly spelled out defendant's duty to keep complete and accurate records and plaintiff's right to review those records, and defendant concededly failed to comply with its accounting and reporting obligations -- A court-directed accounting was proper remedy because plaintiff's breach of contract claim did not constitute an adequate remedy at law where discovery could not provide the means to force defendant, who possessed all relevant details regarding disposition of goods and who had substantial motivation to frustrate discovery process, to disgorge the requisite information for plaintiff to prove damages
ZAKI KULAIBEE ESTABLISHMENT, a company formed under the laws of the Kingdom of Saudi Arabia, Plaintiff-Appellant, v. HENRY H. MCFLIKER, a natural person, a.k.a. Harris H. McFliker, a.k.a. Harold McFliker, AYODH PERSAUD, a natural person, a.k.a. Joe Persaud, SHAMMIE PERSAUD, a.k.a. Bebe Nafessa Persaud, a.k.a. Be Be N. Persaud, a.k.a. Bi Bi N. Persaud, AIRSPARES NETWORK, INC., a Florida corporation, DAYTONA AEROSPACE, INC., a Florida corporation, et al., Defendants-Appellees. 11th Circuit.


Elections -- National Voter Registration Act -- Florida violated section 8(c)(2)(A) of NVRA, which requires state to “complete not later than 90 days prior to the date of a primary or general election for Federal office, any program the purpose of which is to systematically remove the names of ineligible voters from the official lists of eligible voters,” by conducting a program to systematically remove suspected non-citizens from voter rolls within 90 days of a federal election -- Remand with instructions to district court to enter order declaring that Florida Secretary of State's actions were in violation of 90-day provision of NVRA and to grant such relief as needs and interests of justice require -- Standing -- Individual plaintiffs who had been wrongly identified as non-citizens in a prior program had standing to challenge that prior program, although they were ultimately not prevented from voting in prior election -- These individuals also had standing to prospectively challenge second attempt to remove non-citizens from voter roles because there was a realistic probability that they would be misidentified due to unintentional mistakes in data-matching process -- Organizational plaintiffs had standing to challenge program based on both a diversion-of-resources and an associational standing theory -- Mootness -- Claims related to 2012 elections are not moot because dispute is capable of repetition yet evading review
KARLA VANESSA ARCIA, MELANDE ANTOINE, et al., Plaintiffs-Appellants, v. FLORIDA SECRETARY OF STATE, Defendant-Appellee, LUIS I. GARCIA, et al., Intervenor Defendants. 11th Circuit.


Labor relations -- Fair Labor Standards Act -- Overtime -- Former employees of Florida construction contractor brought suit claiming contractor failed to pay wages, including overtime, that they were entitled to receive under FLSA -- Jurisdiction -- District court had subject matter jurisdiction where face of complaint alleged federal claim for unpaid, overtime hours -- Statement of claim that plaintiffs filed under the local practices did not amend that jurisdictional basis out of the complaint -- Plaintiffs' failure to reiterate their unpaid-overtime-hours claim in statement of claim document is not controlling -- Statement of claim document does not have status of a pleading and is not an amendment of complaint under Rule 15 of Federal Rules of Civil Procedure
ARLE CALDERON, MANNY FERNANDEZ, ADALBERTO GALO, LUIS MOLINA, ANDY W. DEL TORO, SERGIO D. HERNANDEZ, PEDRO JOSE MARTINEZ, WILLIAMS ARIELLO GALANTINO, JOSE DE LA CRUZ CARDENAS, on their own behalf and others similarly situated, Plaintiffs-Appellants, v. BAKER CONCRETE CONSTRUCTION, INC., a Florida profit corporation, et al., Defendants, FORM WORKS/bAKER JV, LLC., a foreign profit corporation, Defendant-Appellee. 11th Circuit.


Trademarks -- Infringement -- Online education -- Standing -- Florida Virtual School, a Florida state agency established for development and delivery of online education, appeals from dismissal of its trademark infringement suit against a national online education provider for lack of standing based on conclusion that only Department of State has standing to sue for infringement of plaintiff's trademarks -- Florida Virtual School has authority, and standing, to file action to protect its trademarks
FLORIDA VIRTUALSCHOOL, a Florida Educational Institution, Plaintiff-Appellant, v. K12, INC., a Delaware Corporation, K12 FLORIDA, LLC, a Florida Limited Liability Company, Defendants-Appellees. 11th Circuit.



The Law Lady.  For more info about us, click here.  To be added to our email circulation with MUCH, MUCH more law, click here and specify whether you wish to be added to our CRIMINAL, CIVIL, HEALTH & INSURANCE, 11th CIRCUIT, or all FEDERAL Recent Decisions of Interest.