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Monthly Archives: November 2009

Texting clients is convenient, but carries risk for lawyers (access required)

More clients are asking their lawyers to communicate in ever-faster ways, and many lawyers are accommodating them by using text messaging and instant messaging for client communications. Minneapolis lawyer Vytas Rimas, who practices patent law, said he frequently uses both ...

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Administrative – Environmental – Inspector License – Fraudulent Emissions Tests (access required)

The Court of Appeals upholds revocation of appellant’s license as an automobile emissions inspector by the Department of Environmental Quality as the penalty for conducting fraudulent emissions tests. Appellant claims DEQ’s decision lacks a foundation in substantial evidence and DEQ ...

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Criminal – Traffic Stop – Cocaine – Intent To Distribute (access required)

Upon rehearing en banc, the Court of Appeals upholds defendant’s conviction of possession of 0.733 cocaine with intent to distribute. Here, the only evidence indicating the drugs were for personal use was the small quantity of drugs found in defendant’s ...

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Search & Seizure – Traffic Stop – Firearm In Truck – Gant (access required)

A deputy who stopped a Ford Ranger he believed was missing a muffler, and discovered the driver had a suspended license, did not violate the Fourth Amendment when he looked for a knife defendant said was in his pocket, and ...

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Criminal – Deferred Disposition – Officer Assault (access required)

A trial court does not have inherent authority to dismiss criminal charges on grounds other than the legal or factual merits, when such a dismissal is not authorized by statute, and the Court of Appeals affirms a trial court decision ...

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Will new law require set-asides for Medicare in p.i. cases? (access required)

Federal regulations that would have required personal injury attorneys and insurance companies to report settlements with Medicare beneficiaries to the Center for Medicare & Medicaid Services (CMS) were delayed from July this year until April 1, 2010. Those required to ...

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Search & Seizure – Sentencing – Restitution – SSI Benefits (access required)

A Big Stone Gap U.S. District Court says a defendant who pleaded guilty to attempted obstruction of justice, after his wife pleaded guilty to lying about their living together to get increased social security benefits, must make restitution for the ...

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Civil Procedure – Default Judgment – TILA Claims (access required)

Although defendant lender is making its first appearance in this case filed by a borrower 34 days after a response was required, a Richmond U.S. District Court sets aside the default judgment against defendants, who “seem to have particularly compelling ...

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Civil Rights – Voting – Military Service Voters – Absentee Ballot (access required)

Although at least 96 timely-requested, completed absentee ballots under the Uniformed & Overseas Citizens Absentee Voting Act were received too late to be counted by defendant election officials after the close of polls on Nov. 4, 2008, a Richmond U.S. ...

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Employment Discrimination – Race – Gender – Performance Reviews (access required)

An African-American male middle manager for Philip Morris USA has his Title VII race and gender discrimination suit dismissed by a Richmond U.S. District Court because he makes no specific allegations concerning defendants’ treatment of similarly situated employees, but only ...

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