| Stu's Views Site Map |
| Antitrust Law
|
The Sherman Act; European Community competition law; predatory pricing, gouging; tying; refusal to deal. |
| Summer Associate
|
Summers; legal intern; summer associate pay compensation |
| Dead Lawyer
|
Getting out of the law; escaping the law; change of legal career. |
| How A Bill Becomes a Law
|
Legislative process; bribery; dirty politicians; logrolling; pork barrell politics; political back scratching. |
| Divorce Lawyer
|
Hiring a cheap attorney for divorce; bad divorce settlement; financial effect of divorce. |
| Law School Stress
|
Stressful trial; courtroom drama; law school graduation |
| Conflict Waiver
|
Conflicts of interest waivers; attorney ethics; duty of loyalty |
| Rush Job
|
Urgent project, time crunch, emergency assignment. |
| Vallone v. CNA Financial Corporation
|
Presumption that benefit plans are not vested, withdrawal of benefits, lifetime benefits |
| Toyota Motor Manufacturing, Kentucky, Inc. v. Williams
|
Qualify as disabled under the ADA, physical impairment, mental impairment, substantially limits a major life activity, Americans with Disabilities Act |
| Singer v. Beach Trading Co.
|
Negligent misrepresentations in references, former employee work history, false or inaccurate information |
| Russell v. Board of County Commissioners
|
Employee handbook forms an implied employment contract, disclimer, implied-in-fact, implied-in-law |
| McDonnell Douglas Corp. v. Green
|
Employers non-discriminatory justifications for actions, Title VII case, unlawful discrimination, pretext |
| Kentucky Association of Health Plans, Inc. v. Miller
|
State statutes, relationship between insurers and health-care providers, ERISA, state laws, employment benefit plan, regulate insurance, banking, and securities |
| Howard Delivery Service, Inc. v. Zurich American Insurance Co.
|
Workers compensation insurance, employee benefit plan, bankruptcy, ERISA, Chapter 11 |
| Fraser v. Nationwide Mutual Insurance Company
|
Employer access to emails received or sent at work, Electronic Communications Privacy Act |
| Back v. Hastings on Hudson Union Free School District
|
Gender-stereotyping, establish discrimination on basis of sex |
| Office Holiday Party
|
Office Party; Christmas Party |
| Wish You a Merry Christmas
|
Lawyer Christmas Card. To order greeting cards, email stu@stus.com |
| Lawyer Holiday Card
|
To order greeting cards, email stu@stus.com |
| Attorney Christmas Card
|
To order greeting cards, email stu@stus.com |
| Lawyer Happy New Year Card
|
To order greeting cards, email stu@stus.com |
| Lawyer Birthday Card
|
To order greeting cards, email stu@stus.com |
| Attorney Birthday Card
|
To order greeting cards, email stu@stus.com |
| Lawyer Thank You Note
|
To order greeting cards, email stu@stus.com |
| Lawyer Get Well Card
|
To order greeting cards, email stu@stus.com |
| Law Librarian Interview
|
First published in American Association of Law Libraries magazine Spectrum-- click Read Case above. |
| Thanksgiving Cartoon
|
Pilgrim Turkey Indian |
| Christmas Wish List
|
Evasive discovery response, Christmas wish for discovery response |
| Holiday Card Cartoon
|
How to word a Holiday card or Christmas Card. To order greeting cards, email stu@stus.com |
| Minimum Billable Hours
|
Required target and suggested hours. Christmas. Santa Claus |
| Santa Claus Cartoon
|
Christmas Wish List |
| Qualcomm v. Broadcom Cartoon
|
Dog ate my discovery. |
| Email Discovery
|
Discoverable email |
| Qualcomm v. Broadcom Failure to Disclose
|
Failure to disclose |
| Qualcomm v. Broadcom Email
|
Email discovery |
| Qualcomm v. Broadcom
|
Stonewalling discovery |
| Qualcomm v. Broadcom Defense Theory
|
Qualcomm's defense theory. |
| Qualcomm v. Broadcom JVT
|
JVT |
| Legal Aid Salary
|
Free use permitted for most pro bono uses. Email stu@stus.com for details. Click "Read Case" above for the free download zone. |
| Pro Bono Fundraising
|
Free use permitted for most pro bono uses. Email stu@stus.com for details. Click "Read Case" above for the free download zone. |
| Boxing Cartoon
|
Free use permitted for most pro bono uses. Email stu@stus.com for details. Click "Read Case" above for the free download zone. |
| Pro Bono Lawyer of the Year
|
Free use permitted for most pro bono uses. Email stu@stus.com for details. Click "Read Case" above for the free download zone. |
| Legal Aid Cartoon
|
Free use permitted for most pro bono uses. Email stu@stus.com for details. Click "Read Case" above for the free download zone. |
| Exceeding Pro Bono Hours
|
Free use permitted for most pro bono uses. Email stu@stus.com for details. Click "Read Case" above for the free download zone. |
| Managing Partner
|
Free use permitted for most pro bono uses. Email stu@stus.com for details. Click "Read Case" above for the free download zone. |
| Research Librarian
|
Toiling in obscurity. |
| Bibliographic Control
|
Cateloging Cartoon. First published in AALL Spectrum-- click Read Case above |
| Texting Cartoon
|
Effect of technoloy cartoon. |
| New Law Librarian
|
Lawyer panic attacks. |
| Reference Desk Cartoon
|
New technology's effect on library services. First published in AALL Spectrum-- click Read Case above |
| Law Librarian Cartoon
|
Great law librarians never say die. |
| Think Like a Lawyer
|
Benefits of a law degree. |
| HMO Cartoon
|
Aliens discussing Earth invasion. |
| Opposing Counsel
|
Have you hugged your opposing counsel today? |
| Halloween Cartoon
|
Bankruptcy lawyer. |
| Research Prior Art
|
Search patents. |
| Rush to Patent
|
Patent attorney. |
| Patent Department
|
R&D v. legal department. |
| Invention Cartoon
|
Patent claim. |
| Patent Claim Construction
|
Lawyer making small talk. |
| Patent Claims
|
Patentablility. |
| Patent Attorney
|
Think like a lawyer. |
| Patentable
|
Can you get a patent? |
| Patent Office
|
U.S. Patent Office Cartoons. |
| Prior Art Cartoon
|
forthcoming |
| Prior Art
|
Research a patent. |
| Patent Examiner
|
Reject patent application. |
| Estate Planning Attorney
|
Probate lawyer. |
| Probate Process
|
How to probate a decedent's estate. |
| Enforceability of a Trust
|
Provision legality. |
| Happily Ever After
|
Estate and gift tax; death tax reform. |
| Fiduciary Definition
|
Fiduciary liability; criminal penalties; monetary penalties. |
| Drafting Wills and Trusts
|
Creating an estate plan; boring law job. |
| Internal Revenue Code
|
Tax regulation; IRS regulations cartoon. |
| Settlements
|
Litigation alternatives |
| Tampering With Evidence
|
Police tampering. |
| Law Degree
|
Things you can do with a law degree. |
| Discovery Request
|
Motion for discovery. |
| Supreme Court Restroom
|
Female Supreme Court justices; Sandra Day O'Connor; Ruth Bader Ginsburg. |
| Legal Plan Legality
|
Business planning and the law. |
| Tax Reform
|
Congressional regulationsl; tax code. |
| Commute
|
Morning commuting cartoon. |
| Staying Legal
|
Gray area interpretations. |
| Law Firm Recruiting
|
Lawyer starting salaries. |
| Apology
|
Heartfelt apologies. |
| Talking Golf
|
Lawyer golf game. |
| Excessive Punititive Damages
|
Plaintiff's attorney; trial lawyer. |
| Billing Rate
|
Unpopular lawyer. |
| Motion to Compel Answer
|
Legal motion. |
| Defense Theory
|
Ostrich cartoon |
| Law School Student Debt
|
First job; the real world. |
| Office Administrators
|
Law firm life. |
| Marketing or Legal
|
Legal department fighting the marketing department. |
| Creative Accounting
|
White collar crime cartoon. |
| Reading Regulations
|
Tax regulation; IRS regulations cartoon. |
| Wall Street Cartoon
|
Stealing from the cookie jar. |
| Ethical Dilemma
|
Ethics question for legal practice. |
| Environmental Attorney
|
Pollution; Clean Air Act; CAA; CWA |
| Med School v. Law School
|
Become a doctor or a lawyer? Medical. Medicine. |
| Golf Clubs
|
Get your time sheet in on time. |
| Time Sheets
|
Taking your work home with you. |
| Late Time Sheet
|
Managing partners are very serious about prompt billing of clients. |
| Specific Recollection
|
Evidence law; refresh your memory. |
| Legal Retainers
|
Lawyer fees |
| Obtain a Retainer
|
Getting a retainer is the key to getting paid and keeping your job. |
| Top Billing Partner
|
Rainmaking marketing. |
| Retainer
|
Demand a retainer. |
| Office Space Reassignment
|
Fight of switching offices. |
| Spiderman fighting Batman
|
Battle of the superheros cartoon. |
| Office Administrator
|
Mugging holdup. |
| Early Inheritance
|
Future lawyer. |
| Golf Cart
|
Lightning and golf. |
| Golf Philosphy
|
Lawyer who loves golf. |
| Divorce Marketing
|
Seasoned lawyer or attorney. |
| Bar Meeting
|
Annual meetings of the state bar or local bars. |
| Settlement
|
Talks to settle a case for wrongful death. |
| Medical Malpractice Settlement
|
Compensation for medical injury. |
| Med Mal
|
Medical malpractice insurer lawsuit defense strategy. |
| Get Well
|
Injured party testimony. |
| Sexual Harassment
|
Eye witness evidence in legal case. |
| Objection
|
Out of order; sustained. |
| Courthouse Steps
|
Press conference to tell your client's side of the case. |
| Cost of Doing Business
|
Legal expense management; litigation costs. |
| The Boss
|
Law firm partner and associate pecking order. |
| Children and Careers
|
Time with the kids or time at work? |
| Law Firm Life
|
Corporate lawyers. |
| Mitigating Evidence
|
Trial tactic. |
| Parking Tickets
|
Courtroom |
| Mob
|
Gangster witness. |
| Trust and Estate Lawyer
|
Make your will. |
| Recidivist
|
Felony. |
| Getting Sued
|
Greeting card cartoon. |
| Contempt
|
Hold in contempt of court. |
| Adam & Eve
|
Original sin cartoon. |
| Alimony
|
Spousal support |
| Appeals
|
File an appeal. |
| Losing the Case
|
Reduce litigation expense. |
| Lawyer Stress
|
Make a lot of money. |
| Legal Fees
|
Litigation expenses. |
| Frivolous Lawsuit
|
Suing. |
| Personal Bankruptcy
|
Chapter 7, Chapter 11, Chapter 13; wipe out debt, cram down. |
| Eye Witness
|
Harassment lawsuit. |
| Jury Strategy
|
Facts and law. |
| Chilling Effect
|
Admit liability; apology. |
| Clean Air Act
|
CAA; Clean Water Act |
| IRS
|
Tax crime leads to swift punishment. |
| May It Please the Court
|
Your honor. |
| Deciding Factor
|
How to decide a case. |
| Verdict
|
Out of order |
| Meet and Confer
|
Lawyers fighting in court. |
| Appellate Review
|
Seeking higher authority cartoon; Pearly Gates |
| 10 Commandments Cartoon
|
St. Peter cartoons. |
| ABA Model Rules
|
ABA Model Rules of Professional Conduct; lawyer rules of ethical conduct. |
| Meaning of Life
|
Long hours; long work week. |
| Legal Questions
|
Ask a legal question |
| Double Billing
|
Overbilling cartoon. |
| Divorce Mediation
|
Contested divorce; winner take all. |
| Legal Advice
|
Accurate legal advice; expensive legal advice. |
| Patentable
|
Patent Discovery |
| Legal Loophole
|
Loophole cartoon. |
| Lawyer of the Year
|
Claiming credit. |
| Investment scheme
|
Jail time; prison time; jail cartoons; prison cartoons |
| Patent Busting
|
KSR v. Teleflex |
| Incremental Advances
|
KSR v. Teleflex; bust patents |
| KSR v. Teleflex
|
Incremental Advances; patent busting. |
| Microsoft v. AT&T
|
forthcoming |
| Patent Holding Company
|
Dubious patents; hostage value. |
| Patent Trolls
|
Frivilous lawsuit |
| Smith v. Texas
|
See also similar holdings in Abdul-Kabir v. Quarterman and Brewer v. Quarterman |
| Getting To Yes
|
Negotiation |
| Law Firm Mentoring
|
Mentors. |
| Virginia Tech
|
What's on every parent's mind. |
| Morse v. Frederick
|
forthcoming |
| James v. United States
|
forthcoming |
| Gonzales v. Carhart
|
forthcoming |
| Gonzales v. Carhart
|
forthcoming |
| Zuni School District v. Department of Education
|
forthcoming |
| Global Crossing v. Metrophones
|
forthcoming |
| Watters v. Wachovia Bank N.A.
|
forthcoming |
| Pro Bono
|
Pro bono work. Free use permitted for most pro bono uses. Email stu@stus.com for details. Click "Read Case" above for the free download zone. |
| Pro Bono Volunteers
|
Free use permitted for most pro bono uses. Email stu@stus.com for details. Click "Read Case" above for the free download zone. |
| Taking a Pro Bono Case
|
Free use permitted for most pro bono uses. Email stu@stus.com for details. Click "Read Case" above for the free download zone. |
| Pro Bono Salary
|
Free use permitted for most pro bono uses. Email stu@stus.com for details. Click "Read Case" above for the free download zone. |
| Legal Aid Lawyer
|
Free use permitted for most pro bono uses. Email stu@stus.com for details. Click "Read Case" above for the free download zone. |
| Volunteering for Pro Bono Work
|
Free use permitted for most pro bono uses. Email stu@stus.com for details. Click "Read Case" above for the free download zone. |
| Pro Bono Lawyer
|
Free use permitted for most pro bono uses. Email stu@stus.com for details. Click "Read Case" above for the free download zone. |
| Legal Services
|
Legal Services Caseload. Free use permitted for most pro bono uses. Email stu@stus.com for details. Click "Read Case" above for the free download zone. |
| Pro Bono Lawyers
|
Free use permitted for most pro bono uses. Email stu@stus.com for details. Click "Read Case" above for the free download zone. |
| Pro Bono Record
|
Free use permitted for most pro bono uses. Email stu@stus.com for details. Click "Read Case" above for the free download zone. |
| Legal Services Corporation
|
LSC. Free use permitted for most pro bono uses. Email stu@stus.com for details. Click "Read Case" above for the free download zone. |
| Law Firm Pro Bono
|
Free use permitted for most pro bono uses. Email stu@stus.com for details. Click "Read Case" above for the free download zone. |
| Equal Justice
|
Free use permitted for most pro bono uses. Email stu@stus.com for details. Click "Read Case" above for the free download zone. |
| United States v. Mead Corporation
|
informal agency interpretation and chevron deference |
| Barnhart v. Walton
|
agency interpretations receive deference |
| Lujan v. National Wildlife Federation
|
challenged agency action, single identifiable action, administrative procedure act, standing |
| Norton v. Southern Utah Wilderness Alliance
|
agency failure to act, mandamus |
| In Re Cheney
|
federal advisory committee act faca |
| Buckhannon Board and Care Home, Inc. v. West Virginia Department of Health and Human Resources
|
prevailing party, consent decree, award of attorney's fees, equal access to justice act (eaja), american rule, private attorney-general doctrine |
| Barrios v. California Interscholastic Federation
|
enforceable agreement prevailing party settlement agreement americans with disabilities act ada |
| Roberson v. Giuliani
|
retention of jurisdiction award of attorneys fees judicial imprimatur. ancillary jurisdiction |
| Doe v. Boston Public Schools
|
purely private settlements attorney s fees judicial imprimatur individuals with disabilities education act |
| Glassman v. Unocal Exploration Corporation
|
minority shareholders appraisal fair value shares statutory short form merger controlling fiduciaries parent corporation duty of entire fairness corporate subsidiary |
| Gotham Partners, L.P. v. Hallwood Realty Partners, L.P.
|
damages for breach of fiduciary duty value of the loss of control partnership odd lot tender offer |
| Hollinger, Inc. v. Hollinger International, Inc.
|
sale substantially all of a corporation s assets quantititave qualitative analysis shareholders right to vote |
| Kahn v. Lynch Communications Systems, Inc.
|
burden of proving fairness merger majority or controlling shareholders fiduciary duty arms length |
| Northmon Investment Company v. Milford Plaza Association
|
ordinary partnership business unauthorized transactions equal rights management conduct |
| Omnicare, Inc. v. NCS Healthcare, Inc.
|
defensive devices merger reasonably related perceived threat |
| RNR Investments L.P. v. Peoples First Community Bank
|
general partner ordinary course of partnership business actual authority apparent authority |
| Saito v. McKesson HBOC, Inc.
|
right to inspect corporate books and records reasonably related derivative action |
| Securities and Exchange Commission v. Edwards
|
securities defined federal securities laws investment scheme fixed rate of return investment contract |
| Solar Cells, Inc. v. True North Partners, LLC
|
Directors fiduciary duty, enitre fairness, likelihood of success on the merits and irreparable harm adequate remedy at law. |
| Securities and Exchange Commission v. Zanford
|
common law fraud federal securities laws 10(b) rule 10b5 securities act of 1933 |
| The Wharf (Holdings) Limited v. United International Holdings, Inc.
|
sale of securities falls under 10(b) of the securites and exchange act of 1934; section 10(b) forbids the use of any manipulative or deceptive device or contrivance relating to the sale of a security that is misleading or operates as a fraud or deceit. |
| Tooley v. Donaldson, Lufkin and Jenrette, Inc.
|
ordinary partnership business unauthorized transactions equal rights management conduct |
| Schnell v. Chris Craft Industries, Inc.
|
Inequitable action, amend its by laws board of directors |
| Liggett Company v. Lee
|
state restrictions on incorporation |
| First National Bank of Boston v. Bellotti
|
corporate political speech first amendment t referendum |
| Austin v. Michigan Chamber of Commerce
|
prevention of corruption political process compelling state interest political speech narrowly tailored |
| CTS Corporation v. Dynamics Corporation of America
|
state law restrictions acquire control federal law commerce clause. target corporation tender offer williams act |
| Amanda Acquisition Corporation v. Universal Foods Corporation
|
states regulate mergers the commerce clause shell corporation |
| Dodge v. Ford Motor Company
|
motives board of directors shareholders dividend |
| Kahn v. Sullivan
|
director charitable contributions best interests of the corporation the business judgment rule |
| Jesse by Reinecke v. Danforth
|
incorporating create a personal attorney client relationship entity rule conflict of interest |
| Equity Linked Investors, L.P. v. Adams
|
board of directors owes duty of good faith stockholders |
| Klang v. Smith Food and Drug Centers, Inc.
|
directors valuation decisions deference capital surplus donated surplus unearned surplus |
| Dodge v. Ford Motor Company
|
directors declare dividends bad faith, willful neglect, abuse of discretion. close corporation |
| Kamin v. American Express Company
|
actionable course of action action for damages board of directors |
| Securities and Exchange Commission v. SG Ltd.
|
substance of a transaction securities laws apply pyramid scheme |
| Walkovszky v. Carlton
|
corporate form fraud alter ego rule piercing the corporate veil |
| Radaszewski v. Telecom Corporation
|
insurance coverage piercing of the corporate veil improper purpose parent shell subsidiary corporation |
| Freeman v. Complex Computing Company Inc.
|
equitable owner pierce the corporate veil |
| Kinney Shoe Corporation v. Polan
|
shield shareholders personal liability corporate formalities undercapitalization |
| OTR Associates v. IBC Servicies, Inc.
|
parent corporation shell corporation pierce the corporate veil separate existence conduit |
| Menard, Inc. v. Dage MTI, Inc.
|
bind the corporation agency relationship actual authority agent apparent authority inherent authority principal specific performance |
| Hariton v. Arco Electronics, Inc.
|
sale of all corporate assets de facto merger |
| Gimbel v. Signal Companies, Inc.
|
shareholder approval sale quantitatively qualitatively corporate assets |
| Auer v. Dressel
|
shareholders initiate amendments articles bylaws elect directors remove for cause |
| International Brotherhood of Teamsters General Fund v. Fleming Companies
|
certificate of incorporation authority shareholder rights plans certified question |
| Campbell v. Loew, Inc.
|
harrassment deliberate obstruction director removal for cause proxy |
| Blasius Industries, Inc. v. Atlas Corporation
|
shareholders right to vote corporate democracy elect |
| Quickturn Design Systems, Inc. v. Shapiro
|
directors manage corporate affairs best interests of the shareholders business judgment ficuciary duty |
| State ex rel. Pillsbury v. Honeywell, Inc.
|
stockholder purchased stock corporate records access compel production of corporate books and records shareholder lists business records |
| Long Island Lighting Company v. Barbash
|
proxy regulations newspapers direct and indirect communications proxies |
| Lovenheim v. Iroquois Brands, Ltd.
|
noneconomic interests shareholder proposal omit proxy materials |
| J.I. Case Company v. Borak
|
proxy materials false and misleading statements private right of action fiduciary duty rescission |
| TSC Industries, Inc. v. Northway, Inc.
|
proxy omission not material substantial likelihood reasonable shareholder |
| Mills v. Electric Auto Lite Company
|
materiality causality misstatement omission |
| Virginia Bankshares, Inc. v. Sandberg
|
directors opinions proxy statement rule 14a 9 and 14(a) knowingly false causation |
| Wilson v. Great American Industries, Inc.
|
materially misleading proxy statement lost state law rights minority shareholder right to a state appraisal |
| Santa Fe Industries, Inc. v. Green
|
Parent merge subsidiary, Delaware short form merger statute ninety percent RULE 10b 5 |
| Malone v. Brincat
|
directors owe a duty of loyalty and good faith disclosures knowingly disseminate false information fiduciary derivative action |
| Francis v. United Jersey Bank
|
directors duty to act honestly and in good faith and with the same degree of diligence, care, and skill that a reasonably prudent person would use in similar circumstances. trustee in bankruptcy |
| In re Caremark International Inc. Derivative Litigation
|
failure of oversight liability individual directors the breach of the duty of attention or care compliance audit |
| Waltuch v. Conticommodity Services, Inc.
|
articles of incorporation indemnification employee act in good faith indemnity |
| Remillard Brick Company v. Remillard Dandini Company
|
directors fiduciaries fiduciary relationship common benefit fiduciary duty |
| Orman v. Cullman
|
presumption of loyalty lacked independence. business judgment rule duty of loyalty |
| Lewis v. Vogelstein
|
shareholder ratification ratify a transaction directors material conflict of interest corporate waste. agency agent principal quorum ratification |
| Lewis v. Vogelstein
|
stock options waste analysis shareholder ratifications constituted waste constructive fraud |
| Weinberger v. UOP, Inc.
|
shareholder approval merger void inadequate information disclosed minority shareholders cash out merger damages fair value tender offer |
| Kahn v. Lynch Communications Systems, Inc.
|
majority controlling shareholders fairness merger fiduciary duty |
| Perlman v. Feldmann
|
premium m transfer of a corporate asset |
| Jones v. H.F.Ahmanson and Company
|
majority shareholders transfer control of a corporation premium fiduciary responsibility appraisal dividend |
| Essex Universal Corporation v. Yates
|
contract to sell a controlling interest control board of directors. collateral agreement doctrine |
| Aronson v. Lewis
|
conclusory statements futility demand on the board first demand redress business judgment rule |
| Zapata Corporation v. Maldonado
|
disinterested committee investigate litigation derivative claim |
| Einhorn v. Culea
|
director independence special litigation committee independent directors. |
| Goodwin v. Agassiz
|
corporate officers directors fiduciary duty corporation individual shareholders |
| Diamond v. Oreamuno
|
directors and officers inside information own benefit derivative action insider trading |
| Securities and Exchange Commission v. Texas Gulf Sulphur Company
|
trading material inside information disclose abstain disgorgement securities exchange act of 1934 |
| Chiarella v. United States
|
nondisclosure fraud duty to speak |
| Dirks v. Securities and Exchange Commission
|
insider trading aid and abet scienter quid pro quo |
| United States v. OHagan
|
misappropriation confidential information fraud ethical wall misappropriation theory |
| Basic Inc. v. Levinson
|
material information reasonable investor substantial likelihood reasonable shareholder |
| Basic Inc. v. Levinson
|
presumption of reliance on misleading material statements market fraud on the market principle rebuttable presumption |
| MM Companies, Inc. v. Liquid Audio, Inc.
|
compelling justification defensive measure board actions. |
| Smith v. Atlantic Properties, Inc.
|
minority shareholder fiduciary duty majority shareholders close corporation dividend |
| Concord Auto Auction, Inc. v. Rustin
|
shareholder agreements close corporation specific performance |
| Wilkes v. Springside Nursing Home, Inc.
|
close corporation legitimate business purpose freeze out minority shareholder terminating employment valid breach fiduciary duties. |
| Nixon v. Blackwell
|
close corporation elected articles of incorporation |
| Matter of Kemp and Beatley, Inc.
|
minority shareholders seek dissolution de facto dissolution oppression |
| Miller v. McDonald's Corp.
|
franchisees negligence franchisor liable retains a right of control actual agency apparent agent franchise |
| Moren ex rel. Moren v. Jax Restaurant
|
partnership business indemnify the partnership ordinary course of partnership business |
| Disotell v. Stiltner
|
buyout fair market value wind up partnership dissolution economic waste liquidation winding up |
| Roman Catholic Archbishop of San Francisco v. Sheffield
|
subsidiaries parent alter egos rule corporate veil parent corporation piercing the corporate veil subsidiary corporation |
| In Re Oracle Corp. Derivative Litigation
|
directors lack of independence |
| In Re eBay, Inc. Shareholders Litigation
|
fiduciary duty of loyalty aiding and abetting usurp corporate opportunity doctrine self-dealing |
| Robinson v. Glynn
|
ordinary business transactions common characteristics of stock corporation limited liability company security |
| Haley v. Talcott
|
contractual dissolution mechanism adequate separation of interests limited liability company liquidation |
| Bove v. Community Hotel Corp. of Newport, R.I
|
Validity of a corporate act. |
| Ross A. Wilson v. Louisiana Pacific Resources, Inc.
|
Cumulative voting; straight voting; home state corporation. |
| McDermott Inc. v. Lewis
|
Full faith and credit clause; internal affairs doctrine |
| VantagePoint Venture Partners 1996 v. Examen, Inc.
|
Internal affairs doctrine; choice of law principle. |
| Ryan v. Gifford
|
Backdate stock option; fraudulent disclosures. |
| Theberge v. Darbro, Inc.
|
Alter ego, pierce the corporate veil. |
| Summit Properties, Inc. v. New Technology Electrical Contractors, Inc.
|
forthcoming |
| Haley v. Talcott
|
forthcoming |
| Marathon Partners L.P. and Furtherfield Partners L.P. v. M&F Worldwide Corporation
|
forthcoming |
| Polygon Global Opportunities Master Fund v. West Corporation
|
forthcoming |
| Deephaven Risk Arb Trading Ltd. v. UnitedGlobalCom, Inc.
|
forthcoming |
| American Federation of State, County & Municipal Employees, Employees Pension Plan v. American International Group, Inc.
|
forthcoming |
| Virginia Bankshares, Inc. v. Sandberg
|
forthcoming |
| In re eBay, Inc. Shareholders Litigation
|
forthcoming |
| Stone v. Ritter
|
forthcoming |
| ATR-Kim Eng Financial Corp. v. Araneta
|
forthcoming |
| In re The Walt Disney Co. Derivative Litigation (Disney II)
|
forthcoming |
| In re The Walt Disney Co. Derivative Litigation (Disney III)
|
forthcoming |
| In re Emerging Communications, Inc. Shareholders Litigation
|
forthcoming |
| In re CompuCom Systems, Inc. Stockholders Litigation
|
forthcoming |
| Tooley v. Donaldson, Lufkin & Jenrette, Inc.
|
forthcoming |
| In re Cavanaugh
|
forthcoming |
| In re WorldCom, Inc. Securities Litigation
|
forthcoming |
| In the Matter of Cady, Roberts & Co.
|
forthcoming |
| Cheff v. Mathes
|
forthcoming |
| Unocal Corp. v. Mesa Petroleum Co.
|
forthcoming |
| Revlon, Inc. v. MacAndrews & Forbes Holdings, Inc.
|
forthcoming |
| Paramount Communications, Inc. v. Time Inc.
|
forthcoming |
| Benihana of Tokyo, Inc. v. Benihana, Inc.
|
forthcoming |
| Business Judgment Rule
|
Blackmore Partners, L.P. v. Link Energy LLC, business judgment rule, exculpatory clause, fiduciary duty |
| Negligent Mispresentation
|
Abry Partners V, L.P. v. F & W Acquisition LLC, recission, fraud, contracts may not be rescinded based on misrepresentations made during negotiations unless one party to contract made misrepresentations, knowing them to be false. |
| Statutory Inspection Right
|
Marie L. Kasten v. Doral Dental USA, LLC, statutory rights to inspect company records are broad, subject to narrowing language contained in the company's operating agreement. |
| Reverse Piercing the Corporate Veil
|
Cargill, Inc. v. Hedge, reverse pierce the corporate veil, alter ego of the company |
| Derivative Suit on Directors
|
Stone v. Ritter, statutorily required pre-suit demand on directors |
| Independent Directors of Corporation
|
In Re Oracle Corp. Derivative Litigation, A director's independence turns on whether the director is, for any substantial reason, incapable of making a decision with only the best interests of the corporation in mind. DERIVATIVE ACTION |
| Duty of Care and Duty of Good Faith
|
Brehm v. Eisner, A director's action will not be labeled "bad faith" unless it involves an intentional dereliction of his duty or a conscious disregard for his responsibilities. FIDUCIARY |
| Securities and Exchange Commission v. Edwards
|
Investment contract. Definition of Securities. |
| Securities and Exchange Commission v. Wallenbrock
|
Pyramid scheme. |
| In the Matter of Kevin Kunz
|
Apparently separate securities offerings, single unified offering, single plan of financing made |
| Securities and Exchange Commission v. GLT Dain Rauscher
|
Securities professionals are held to a standard of reasonable prudence. |
| United States v. Simon
|
Certifying a corporation's financial condition, question for the jury, fairly presented the financial condition of a corporation, generally accepted accounting priniciples, generally accepted auditing standards, material, materiality |
| Gallagher v. Abbott Laboratories, Inc.
|
Publicly traded corporations have no duty of continuous disclosure to their investors. |
| Affiliated Ute Citizens v. United States
|
Affirmative fraud, rule 10-b5 violation, facts are considered material if a reasonable investor might have considered them important in the making of an investment decision. causation concealment misrepresentation reliance |
| In Re Razorfish, Inc. Securities Litigation
|
Private Securities Litigation and Reform Act of 1995, PSLA, appoint lead plaintiff, appoint lead counsel, securities class action, lawyer-driven litigation. |
| KPMG, LLP v. SEC
|
The sec, enjoin negligent conduct resulting in securities law violations, The Securities and Exchange Commission, evidence of past negligence, substantial likelihood of future violations of federal securities laws. |
| In Re WorldCom, Inc. Securities Litigation
|
forthcoming |
| In Re WorldCom, Inc. Securities Litigation
|
forthcoming |
| Asher v. Baxter International, Inc.
|
forthcoming |
| Asher v. Baxter International, Inc.
|
forthcoming |
| In the Matter of W.R. Grace & Co.
|
forthcoming |
| Nursing Home Pension Fund, Local 144 v. Oracle Corp.
|
forthcoming |
| Nursing Home Pension Fund, Local 144 v. Oracle Corp.
|
forthcoming |
| Dura Pharmaceuticals Inc. v. Broudo
|
forthcoming |
| Administaff v. New York Joint Board
|
Joint employers, WARN Act violations, ordered a closing or layoff |
| Alaska Civil Liberties Union v. State
|
Legally marry, receipt of benefits on marital status |
| Arres v. IMI Cornelius Remcor, Inc.
|
An employee may not unilaterally disregard an employer directions despite a good faith belief |
| Bammert v. Don's Super Valu, Inc.
|
At-will employees, terminated in retaliation, wrongful discharge action, public policy exception |
| Bard v. Bath Iron Works Corp.
|
Retaliatory discharge, Whistleblowers Protection Act, threaten discriminate against an employee |
| Barnhart v. Thomas
|
Ineligible for benefits, Social Security Act, Social Security Administration |
| BP, Inc. v. Alvarez
|
Compensable time, activity integral and indispensable, Fair Labor Standards Act |
| Burlington Northern & Santa Fe Ry. Co. v. White
|
Unlawful retaliation need not be employment-related or workplace-related, Title VII anti-retaliation provision forbids retaliation, Title VII of Civil Rights Act of 1964 |
| Campbell v. General Dynamics Government Systems Corporation
|
Mandatory arbitration policy, judicial forum, alternative dispute resolution, arbitration clause |
| Chao v. OSHRC (Erik K. Ho)
|
National labor market, interstate commerce, business actions, Occupational Safety and Health Act of 1970, Occupational Safety and Health Administration |
| Cleary v. American Airlines
|
Employers follow company procedures before discharging employees, wrongful discharge, implied covenant of good faith and fair dealing |
| Curay-Cramer v. Ursuline Academy
|
Religious employers not exempt from Title VII, anti-retaliation claims, religion clause, Title VII of Civil Rights Act of 1964 |
| Estee Lauder Cos. v. Shashi Batra
|
Non-compete agreements enforced by injunction, employee agreement, geographical scope and duration are reasonable |
| Garcetti v. Ceballos
|
Citizen speech, public-employee speech, First Amendment, freedom of speech |
| Gardner v. Loomis Armored, Inc.
|
Terminate, discharge employee, violating company policy, imminent danger |
| Greenawalt v. Indiana Department of Corrections
|
Employer-administered psychological examinations, unconstitutional searches, The Fourth Amendment, highly personal private information, state action |
| Guess v. Sharp Manufacturing of America
|
An injury is compensable under workers compensation only if it arises out of and in the course of employment. |
| Hanson v. America Online, Inc.
|
Employers ban guns from premises, infringing employees constitutional rights, right to bear arms |
| Jaime v. Director, Department of Emplyment Security
|
Employment conditions, voluntarily quit, attributable to employer, action or inaction of the employer |
| Jespersen v. Harrah's Operating Co., Inc.
|
Gender-specific employment policies, discrimination |
| Lester v. Department of Employment Security
|
Job offers accepted, refusal must be reasonable |
| Lomack v. City of Newark
|
Diversity policies, racial balance, affirmative action, equal protection, strict scrutiny, suspect classification |
| New York State Conference of Blue Cross & Blue Shield Plans v. Travelers Insurance Company
|
ERISA does not preempt state laws, indirect economic effect on ERISA, Employee Retirement Income Security Act, health-maintenance organization |
| Pennsylvania State Police v. Suders
|
Agency principles, harassment of employees, utilize established procedures in workplace, constructive discharge, hostile-environment sexual harassment, vicarious liability |
| Perry v. State
|
Workers compensation, benefits not paid for injuries caused by knowing rule violations, explicit employment policy, course of employment |
| Petty v. University of Delaware
|
Available for work, qualified, willing, able, and ready to accept employment, no good cause to refuse |
| Preston v. Wisconsin Health Fund
|
Sex discrimination, affirmative action |
| Quik'n Tasty Foods, Inc. v. Division of Employment Security
|
Good cause, attributable to the employer, constructive discharge |
| Reed v. The Great Lakes Companies, Inc.
|
Title VII forbids intentional discrimination on the basis of ones religion, affirmative duty, reasonably accommodate any bona fide religious beliefs. |
| Sauerland v. Florida Unemployment Appeals Commission
|
A single act of misconduct involving dishonesty or a critical offense may disqualify a discharged employee from receiving unemployment benefits. |
| Smith v. City of Jackson
|
Disparate-impact, Age Discrimination in Employment Act, disparate treatment, age discrimination case. |
| Solon v. Gary Community School Coporation
|
Employee benefits plan, unlawful age-based discrimination, Age Discrimination in Employment Act |
| Springfield Rare Coin Galleries v. Mileham
|
Customer information, confidential, restrictive covenant |
| Stone Container Corp. v. Castle
|
Compensable appliance, workers compensation insurance |
| Tri-County Youth Programs, Inc. v. Acting Deputy Director of the Division of Employment & Training
|
Sexual harassment, good cause attributable to the employer to quit, hostile environment |
| Varity Corporation v. Howe
|
Intentional representations, future of plan benefits, act of plan administration giving rise to a fiduciary duty, fiduciary receiver |
| Wernsing v. Department of Human Services
|
Equal Pay Act, equal skill, effort, and responsibility, and which are performed under similar working conditions, disparate impact, disparate treatment |
| Williams v. Mohawk Industries., Inc.
|
Civil RICO claim, pattern of racketeering activity, Racketeer Influenced and Corrupt Organizations Act |
| Yanowitz v. L'Oreal USA, Inc.
|
Protected activity under the California Fair Employment and Housing Act, retaliate against, retaliatory discharge, Whistleblower Act |
| Zambrano v. Reinert
|
States may treat seasonal employees differently for unemployment insurance purposes, Equal Protection, Rational Basis Test |
| Cooper Industries, Inc. v. Aviall Services, Inc.
|
forthcoming |
| Alaska Department of Environmental Conservation v. Environmental Protection Agency
|
forthcoming |
| United States v. Duke Energy Corp.
|
forthcoming |
| New York v. EPA
|
forthcoming |
| Michigan v. EPA
|
forthcoming |
| Appalachian Power Co. v. EPA
|
forthcoming |
| Engine Manufacturers Association v. South Coast Air Quality Management District
|
forthcoming |
| Rapanos v. United States
|
forthcoming |
| South Florida Water Management District v. Miccosukee Tribe of Indians
|
forthcoming |
| Lingle v. Chevron, U.S.A., Inc.
|
forthcoming |
| Department of Transportation v. Public Citizen
|
forthcoming |
| Norton v. Southern Utah Wilderness Alliance
|
forthcoming |
| Boyle v. United Technologies Corp.
|
government contractors, immune from state liability, federal law preempts state law, federal common law, preemption |
| Swierkiewicz v. Sorema, S.A.
|
discrimination complaints,.state a prima facie case, evidentiary standard for trial, not a rule of pleading |
| M.K. v. Tenet
|
Federal Rule of Civil Procedure 18 provides for unrestricted joinder of claims against an opposing party, severence |
| M.K. v. Tenet
|
Federal Rule of Civil Procedure 20(a) permits joinder of plaintiffs if all claims arose out of the same transaction or occurrence and share common questions of law or fact, permissive joinder |
| Too, Inc. v. Kohl's Department Stores, Inc.
|
Contribution, implead, impleader, indemnity, indemnification, third-party complaint |
| In Re Petition of Sheila Roberts Ford
|
Rule 27, authorize pre-complaint discovery, file a verified complaint |
| Cummings v. General Motors Corp.
|
Federal Rule of Civil Procedure 26(a), automatically disclose all documents and tangible evidence on which it intends to rely at trial, dislosure, motion to compel discovery, protective order |
| Polycast Technology Corp. v. Uniroyal, Inc.
|
parties may depose non-party witnesses, deposition, testimony, protective order |
| Wilson v. Olathe Bank
|
Movants, protective order, federal rule of civil procedure 30(b)(2), record a deposition by nonstenographic means and is given the choice of the method of recording, absent annoyance, embarrassment, oppression, and undue burden or expense. |
| In Re Auction Houses Antitrust Litigation
|
A contract may form the basis of a discovery obligation under the federal rules of civil procedure, interrogatory |
| Zubulake v. UBS Warburg LLC
|
Expense and burden of certain discovery requests may be shifted to the requesting party, discoverable matter includes both paper and electronic documents. |
| Battle v. Memorial Hospital at Gulfport
|
Deposition testimony of an unavailable witness may be introduced at trial, continuance, unavailability |
| Velez v. Awning Windows, Inc.
|
Rule 56(f), timely respond to a motion for summary judgment, 'sanctions |
| Nick v. Morgan's Foods, Inc.
|
Sanctioned, attorney transgressions, preserve the integrity of the judicial process, sanctions |
| International Ore & Fertilizer Corp. v. SGS Control Services, Inc.
|
appellate courts, cross appeal requirement, appellate record. |
| Semtek International, Inc. v. Lockheed Martin Corp.
|
Time-barred, longer statutory period, claim-preclusive effect of a judgment on the merits in a federal diversity action, claim preclusion, res judicata, statute of limitations |
| In Re African-American Slave Descendants Litigation
|
courts may order mandatory nonbinding mediation, alternative dispute resolution |
| Attorney Conflict of Interest
|
Larson v. American Family Mutual Ins. Co.; an attorney's failure to sue an insurance company because he wanted to work there landed him in the same lawsuit |
| General Jurisdiction
|
Perkins v. Benguet Consolidated Mining Co.; exercise general jursidiction gives court authority to hear all claims at place of defendant's domicile or place of service, without showing connection between specific claims and forum state. |
| Purchases Alone Do Not Confer Jurisdiction
|
Helicopteros Nacionales de Colombia, S.A. v. Hall; buying products from a different state does not expose buyer to court jurisdiction unless sales resulted in other connections |
| In re Ameriquest Mortgage Co. Mortgage Lending Practices Litigation;
|
Supplemental jurisdiction; 28 U.S.C. 1367; if federal court has jurisdiction over a federal claim, it has supplemental jurisdiction over state claims so related to original jurisdiction that they form part of the same case or controversy |
| Supplemental Jurisdiction
|
Szendry-Ramos v. First Bancorp; no supplemental jurisdiction (formerly ancillary jurisdiction or pendent jurisdiction) if plaintiff's state law claims substantially predominate over the federal claims or raise complex or novel issues of state law |
| Short And Plain Statement of the Claim
|
Bell Atlantic Corp. v. Twombly; sufficient factual allegations required for Fed. R. Civ. P. 8(a)(2) short and plain statement of the claim showing that pleader is entitled to relief, give the defendant fair notice of claim and grounds upon which it rests |
| Prisoners Must Exhaust Remedies
|
Jones v. Bock; prisoners must exhaust their remedies through the prison system before bringing a lawsuit |
| Spoliation of Evidence of Airbag Defect
|
Silvestri v. General Motors Corp.; sanctionable spoliation is destruction or material alteration of evidence or failure to preserve property for another's use as evidence in pending or reasonably foreseeable litigation; manufacturer opportunity to inspect |
| Unconscionability Doctrine for Employment Agreement
|
Ferguson v. Countrywide Credit Industries, Inc.; procedural and substantive elements of unconscionability required to render a contract unenforceable; arbitration clause; FAA Federal Arbitration Act |
| Pre-Dispute Arbitration Agreements Are Enforceable
|
Carter v. Countrywide Credit Industries, Inc.; FLSA disputes may be arbitrated under the Federal Arbitration Act (FAA) absent grounds that exist at law or in equity for the revocation of any contract. |
| Harmless Error Admitting Hearsay Evidence
|
Harnden v. Jayco, Inc.; summary judgment testimony usually form of an affidavit or sworn statement even if a court's consideration of inadmissible evidence is in error, such error is harmless it if does not affect any party's substantial rights. |
| Collateral Estoppel
|
Kovach v. District of Columbia; doctrine of res judicata, or claim preclusion; final judgment on the merits precludes relitigation between the same parties concerning the same factual transaction |
| Federal Question Jurisdiction
|
Grable & Sons Metal Products, Inc. v. Darue Engineering & Manufacturing; federal forum for federal tax litigation sufficiently substantial for exercise of federal question jurisdiction; federal title law; division of labor between state and federal courts |
| Failure To Warn Lawsuit
|
United Oil Co. v. Parts Associates, Inc.; may obtain discovery regarding any matter, not privileged, relevant to claim or defense; other lawsuits regarding similar products relevant to a defendant's failure to warn; indemnify; indemnity agreement |
| Spoilation and Discovery Obligations
|
Zubulake v. UBS Warburg LLC; corporate counsel has duty to communicate discovery obligations so all relevant information is discovered, retained, and produced; once duty to preserve attaches, identify all sources of discoverable information |
| Amount In Controversy Requirement
|
Exxon Mobil Corp. v. Allapattah Services; class action, if named plaintiff meets requirement, supplemental jurisdiction over claims in same case or controversy even if claims for less than jurisdictional amount for diversity jurisdiction; Article III |
| Corporate Fraud
|
Think outside the box. |
| Car Accident
|
Car accidents lawsuit. |
| Meet Half Way
|
Fine print. |
| Sleeping Pill Disclaimer
|
Disclaimers |
| Mimes
|
Court reporter cartoon. |
| Clarifications
|
Innuendo |
| Soul Negotiation
|
Selling your soul to the devil. |
| America's Most Wanted Cartoon.
|
Be cool. |
| Divorce Mediation
|
Divorce cartoon. |
| Quorum
|
Board member arrested. |
| Prenuptual Agreements
|
Prenups; antenuptual contract; cold feet, wedding cartoon. |
| Question Authority
|
Bad legal advice. |
| Admission of Liability
|
General settlement agreemet; legal effect of saying sorry. |
| Lying Under Oath
|
Swear on the Bible. |
| Father's Day Cartoon
|
Environmental law and lawsuit, pollution, Clean Air Act, Clean Air standards. |
| Stupid Criminal
|
Dumb crimes. |
| Computer Crime
|
Federal cybercrime laws. |
| Successful Appeal
|
A defense win isn't necessarily a defendant win. |
| Street Smarts
|
Negotiation in the real world; never accept a first offer. |
| Bored Court Reporter
|
Court reporter cartoon. |
| Enthusiastic Lawyer
|
Gettysburg Address cartoon. |
| Spam Lawsuit
|
Spammer legal troubles. |
| Cameras in the Courtroom
|
Court tv cartoon; allowing press access to trials. |
| St. Peter Cartoon
|
Pearly gates; judgment day; purgatory. |
| Ten Commandments Cartoon
|
Loophole, eye of the beholder. |
| Refused to Negotiate
|
Refuse negotiations; over my dead body. |
| Jury Duty Cartoon
|
Law and Order cartoon; celebrity trial. |
| Making Connections
|
It's who you know. |
| Why Bother With Divorce?
|
End their marriage. |
| Corporate Corruption Cartoon
|
Morally bankrupt; Chapter 13; Chapter 7 |
| Martha Stewart Cartoon
|
Martha Stewart in Hell |
| Pouting Dissenter
|
Appellate judges tease dissenter; dissenting judge |
| Judges Make Fun
|
Appellate judge enjoys harassing attorneys. |
| Judges
|
Election cartoons; election lawsuit cartoon; voting case |
| Election Law
|
Voting cartoon; electronic voting |
| Doctor Testimony
|
Expert witness fees, witnesses. |
| Ineffective Assistance of Counsel
|
Partial innocence |
| Opening Statement
|
Jurors cartoon; length of trials; sequester; jury cartoons |
| Concise Closing
|
Closing statement, summation. |
| Juror Intellect
|
Jury of your peers cartoon |
| Above the Law
|
Get away with murder. |
| Assisted Suicide Cartoon
|
Frame the issue; euphamism. |
| Arbitrary Juries
|
Jury cartoon; problems with juries. |
| Thinking About Death
|
Estate planning cartoon; wills; trust attorneys. |
| Jury Selection Cartoon
|
Kicking jurors; voir dire. |
| Bar Exam
|
Bar exam cartoons; bar results. |
| Time Sheets
|
Billable hour; hourly billing |
| Alternative Dispute Resolution
|
ADR cartoons; negotiations cartoon |
| Contested Will
|
Inheritance cartoon; estate gift; contest the will; disputed will. |
| Young Lawyer
|
Disclaimers cartoon; begin legal practice. |
| Office Hell Cartoon
|
Job hell; purgatory; church cartoon. |
| Busy Lawyers
|
No free time; time pressure cartoon. |
| Frosty the Snowman
|
Imminent death planning. |
| Bar Meetings
|
Bar meeting cartoons. |
| Warrantless search
|
Warrantless searches cartoon |
| Christmas Card
|
Holiday cartoon; Merry Christmas cartoon |
| Happy New Year Cartoon
|
Attorney greeting card |
| Wish You a Happy New Year
|
Lawyer greeting card. |
| Trusts Live On
|
Trust survival |
| Unemployed Lawyers
|
Law firm unemployment; lawyer salaries cartoon |
| Expert Witnesses
|
Expert fees |
| Bad Advice
|
Original sin image; zero tolerance policy; Constitutional rights cartoon. |
| Internal Revenue Code
|
IRS cartoons; tax cartoon. |
| Reading the Will
|
Read the will cartoons. |
| Leading Question
|
Ask leading questions. |
| Restaurant Release
|
Mandatory liability waiver cartoons; releases |
| Settle This Out Of Court
|
Settling a case; settle your case |
| Restraining Order
|
Ineffective restraining orders. |
| Doublespeak
|
Commit to an answer. |
| Billable Exercise
|
Billable time; time to exercise; busy schedule cartoon. |
| Mousetrap Cartoon
|
I want a lawyer; need a lawyer |
| Valentine's Day Cartoon
|
Funny Valentine's Day image picture |
| Plastic Surgery Lawsuit
|
Total release; medical release cartoon; medical malpractice cartoons |
| Motion Denied
|
Gravestone cartoons; bad pun; bad puns. |
| Litigator Interview
|
Interviewing for a litigation job cartoon. |
| Law School Rankings
|
New law school graduate; funny law school class cartoon. |
| Graduation Cartoon
|
Funny graduation cartoons. |
| Terrorism Response
|
FBI cartoons. |
| Optimistic Plaintiff
|
Litigation happy |
| Litigation Cost
|
Cocktail party conversation. |
| Legal Expenses
|
Opportunity cost; time cost. |
| Dog Cartoon
|
Pet cartoons. |
| Love the Law
|
Why go into the law? |
| Frivolous Lawsuits
|
Sue anyone and everyone. |
| Litigation Experience
|
Experienced litigator. |
| Spam Legislation
|
Anti-spam legislation; CAN-SPAM |
| Crime Cartoon
|
Funny lawyer joke. |
| Killing on Wall Street
|
How to deliver bad news. |
| Juvenile Delinquent Cartoon
|
Juvenile delinquency; underage crime. |
| Wrongful Death Case
|
Wrongful death lawsuits |
| Workaholic
|
Partner material. |
| Boyfriend Material
|
Tax lawyers cartoon |
| New Year's Resolution
|
Cartoon New Year's funny. |
| Life Insurance
|
Dumb criminals. |
| White Collar Crime
|
Stupid criminal. |
| Felon
|
Pickup line cartoon. |
| Ineffective Assistance
|
Disappointed convict. |
| Michael Jackson Case
|
Child molesting charges are bad, even if you walk. |
| Paris Hilton
|
News report on Paris Hilton. |
| Corporate Crime
|
Embezzlement cartoons. |
| Tax Lawyer Award
|
Award ceremony; funny awards cartoons. |
| Billable Hour
|
The billable hour cartoons; billable hours |
| Patent Litigation Budgets
|
Patent busting cartoon; funny patent |
| Not Afraid of Divorce
|
Lawyers at a bar cartoons |
| Liability Waiver
|
Liability Waivers; funny disclaimers cartoons. |
| Hate Spam
|
Funny criminal motive cartoon. |
| Nonjudgmental Judge
|
Avoiding decision-making cartoons. |
| Judge's Indecision
|
Decide case cartoon; judicialindecision. |
| Topic of Expert Testimony
|
Experts cartoons. |
| Courtroom Surprise Cartoon
|
Court strategy. |
| Divorce and Bankruptcy
|
Financial effect of divorce funny image; lawyer adversting cartoon. |
| Opening Statement Cartoon
|
Murder trial cartoons image. |
| Circumstantial Evidence
|
Evidence of drug sales. |
| Defense Strategy
|
Courtroom Tactics; defense tactic; frame the issue. |
| Air Quotes
|
Judge admonishing defense counsel; admonish defense counsel |
| Alleged Until Convicted
|
Innocent until proven guilty; guilty until proven innocent. |
| Dating a Lawyer
|
Dumb joke cartoons; bad puns; |
| First Offense
|
Prior cartoon; prior offenses. |
| Negotiation Mistake
|
Mediation mistakes. |
| Bluff
|
Bluffing; negotiate from a position of strength. |
| ADR Cartoon
|
Alternative dispute resolution; negotiation skills workshop. |
| Tough Negotiation
|
Difficult negotiations; negotiation strategy. |
| Think Outside the Box
|
Thinking inside the box. |
| Bowers v. Hardwick
|
fundamental right to engage in sodomy, homosexual conduct. |
| Brown v. Board of Education
|
sseparate but equal doctrine, public education, violates the fourteenth amendment, tangibly equal resources and facilities, segregation. |
| Bush v. Gore
|
constitutional standards apply to recounts, clear standards, determine voter intent, recount of votes. |
| Griswold v. Connecticut
|
right to privacy, marital relationship, contraceptives, penumbra, zone of privacy |
| Hamdi v. Rumsfeld
|
citizen "enemy combatant" has due process right to contest his detention, non detention act |
| Lawrence v. Texas
|
texas sodomy statute law, private consensual sexual conduct. |
| Marbury v. Madison
|
judiciary act, power to declare unconstitutional, appellate jurisdiction, mandamus, original jurisdiction |
| Plessy v. Ferguson
|
separate but equal accommodations, racial inferiority, the fourteenth amendment, separate but equal doctrine |
| San Antonio v. Rodriguez
|
appropriations among school districts, comparative wealth, education is not a fundamental right. |
| Shelley v. Kraemer
|
judicial enforcement of racially restrictive covenants constitutes state action, fourteenth amendment. |
| Texas v. Johnson
|
burning the american flag burning, freedom of expression, first amendment, symbolic speech |
| Washington v. Glucksberg
|
laws prohibiting physician assisted suicide, terminally ill, mentally competent, patients in extreme pain, right to die, |
| Gonzales v. Raich
|
medical marijuana, cancer, terminally ill, prescription morphine. |
| Kelo v. New London
|
fifth amendment, eminent domain just compensation, public purpose, takings of private property, private economic development |
| Cooper v. Aaron
|
school desegregation, brown v. board of education, supremacy clause |
| Loving v. Virginia
|
Interracial marriage, equal protection. |
| Yick Wo v. Hopkins
|
Equal Protection Clause of the Fourteenth Amendment prohibits racial discrimination. |
| Washington v. Davis
|
Disparate impact; disparate treatment. |
| Moose Lodge No. 107 v. Irvis
|
Private club; state action. |
| Edmonson v. Leesville Concrete Company, Inc.
|
Peremptory challenge; Batson Challenge, state action, voir dire, exlude black jurors |
| City of Richmond v. J.A. Croson Company
|
Racial quota; strict scrutiny, remedial plan |
| Adarand Constructors, Inc. v. Pena
|
Affirmative action; strict scrutiny, race based compensation incentive, state actor |
| Shaw v. Reno
|
gerrymandering; reapportionment; strict scrutiny; Voting Rights Act, odd shaped voting districts |
| Railway Express Agency, Inc. v. New York
|
Equal Protection; rational basis test |
| Frontiero v. Richardson
|
Sex suspect classification, similarly situated members of different sexes |
| Craig v. Boren
|
Intermediate scrutiny, gender based classifications |
| United States v. Virginia
|
Public university gender classification requires exceedingly persuasive justification. |
| City of Cleburne v. Cleburne Living Center
|
Quasi suspect classification |
| Romer v. Evans
|
Equal Protection Clause; homosexual rights, state action |
| Baehr v. Lewin
|
Prohibition on same sex marriage. |
| Palko v. Connecticut
|
Fifth Amendment; double jeapordy clause; concept of ordered liberty. |
| Adamson v. California
|
Right against self incrimination. |
| Skinner v. Oklahoma ex rel. Williamson
|
Forced sterilization violate due process. |
| Lochner v. New York
|
Police power. |
| Penn Central Transportation Company v. City of New York
|
Eminent domain clause; takings clause, landmark, payment of just compensation |
| Lucas v. South Carolina Coastal Council
|
Eminent domain clause; takings clause, nuisance, regulation, payment of just compensation |
| Tahoe Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency
|
Moratorium on develepment as eminent domain clause; takings clause, payment of just compensation |
| Reynolds v. Sims
|
Reapportionment; dilution of representation, Equal Protection Clause |
| Edgewood Independent School District v. Kirby
|
Public school expenditures among districts must be equal. |
| Saenz v. Roe
|
Privileges and Immunities Clause; welfare benefits, length of residency. |
| Meyer v. Nebraska
|
Liberty interests, teach English only |
| Poe v. Ullman
|
actual controversy, actual dispute, declaratory judgment, nullification, per legem terrae, ripeness |
| Roe v. Wade
|
complete ban on abortions violates the right to privacy, state, abortion laws, viable zone of privacy |
| Planned Parenthood of Southeastern Pennsylvania v. Casey
|
restrictions on abortions cannot unduly interfere with a woman's right to choose, judicial bypass, substantive due process, undue burden test |
| Board of Regents v. Roth
|
due process, contract rights, property interests, procedural due process |
| Mathews v. Eldridge
|
a hearing, termination of social security disability benefits, terminating disability benefits; administrative procedures, due process, entitlement. |
| R.A.V. v. City of Saint Paul
|
fighting words may be prohibited, ordinance, target race, color, creed, religion, or gender violates the first amendment, content based restriction, defamation, fighting words, libel. |
| Abrams v. United States
|
the first amendment does not protect speech aimed at influencing the american public against the war the government is trying to wage. |
| Brandenburg v. Ohio
|
speech advocating social change is protected by the first amendment, speech that advocates violence but does not incite immediate use of force or violence. |
| New York Times Company v. Sullivan
|
a public official may receive damages only for malicious libel, showing of actual malice, defamation |
| Bartnicki v. Vopper
|
illegally obtained information, matter of public significance, chilling effect, intervenor |
| Miller v. California
|
distribution of obscene material, the first amendment, sexually explicit material, prurient interest, lacks serious literary, artistic, political, or scientific value, obscenity, pornography. |
| City of Renton v. Playtime Theaters, Inc.
|
zoning ordinances may target secondary effects of speech without offending the first amendment, free speech, content based restriction. |
| Cohen v. California
|
vulgar speech does not disturb the peace, offensive speech. |
| Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council
|
the first amendment protects some commercial speech, flow of commercial information. |
| Buckley v. Valeo
|
contributions to political campaigns are protected as speech, limits on campaign contributions, limits on campaign expenditures, the first amendment. |
| United States v. Grace
|
the first amendment prohibits denying access to a traditional public forum, sidewalks, forums for public expression, designated public forum. |
| Ward v. Rock Against Racism
|
noise ordinances advance a substantial government goal, limit speech, protect a legitimate government interest, content based, foreclose alternate avenues of communication; least restrictive intrusive |
| International Society for Krishna Consciousness, Inc. v. Lee
|
an airport terminal is not a public forum, regulations prohibiting solicitation for donations and religious leafleting. |
| Rust v. Sullivan
|
funding, abortion counseling programs, violate the first amendment. |
| Legal Services Corporation v. Valazquez
|
federal grant money, challenge welfare laws, the first amendment, legal assistance, welfare recipients. |
| Hazelwood School District v. Kuhlmeier
|
schools may exercise editorial control over student speech in school sponsored activities, the first amendment. |
| Madsen v. Womens Health Center, Inc.
|
injunction, the first amendment protection, narrowly tailored, prior restraint. |
| Board of Airport Commissioners v. Jews for Jesus, Inc.
|
overbreadth doctrine, a resolution that prohibits all conduct or speech protected by the first amendment is unconstitutional. |
| Board of Directors of Rotary International v. Rotary Club of Duarte
|
private association, denial of membership to women, unruh act to the california rotary clubs, the right of expressive association, the first amendment. |
| Employment Division Department of Human Resources v. Smith
|
Free exercise clause, unemployment benefits, peyote, unemployment compensation, state criminal statute, religious ritual. |
| Everson v. Board of Education
|
government reimbursement to facilitate transportation of students to school does not violate the establishment clause. |
| Lee v. Weisman
|
prayers at commencement exercises violate the first amendment, state endorsement of religion. |
| Zelman v. Simmons Harris
|
school voucher program, religious affiliated schools, vouchers to parents, not violate the establishment clause of the first amendment. |
| McCulloch v. Maryland
|
congress power to enact legislation to carry out its powers, constitutional authority, pass legislation, establish a national bank that is exempt from state taxing powers. necessary and proper clause |
| Gibbons v. Ogden
|
the constitution's grant of authority to regulate commerce among the states must necessarily include the ability to regulate navigation; commerce clause; dormant commerce clause; supremacy clause |
| United States v. Darby
|
intrastate components of interstate commerce fall within the commerce clause, ability to regulate certain intrastate activities. |
| Heart of Atlanta Motel v. United States
|
racial discrimination has an economic impact and so may be regulated by congress under the commerce clause |
| United States v. Lopez
|
enact school gun possession laws, connected with interstate commerce, congressional interference in a purely local concern. |
| The Civil Rights Cases
|
the civil rights act was intended to protect the legal and civil rights of all citizens. civil rights civil rights act |
| Jones v. Alfred H Meyer Company
|
congress has the authority to prohibit private discrimination in order to give full effect to the provisions of the thirteenth amendment. |
| Katzenbach v. Morgan
|
state voting requirements cannot conflict with federal provisions, federal voting rights act. supremacy clause |
| City of Rome v. United States
|
congress has the right to prohibit unintended effects of practices that do not alone violate the 15th amendment, prohibit voting practices, discriminatory purpose, discriminatory effect when applied. |
| City of Boerne v. Flores
|
the religious freedom restoration act (rfra) exceeds congress' power under the fourteenth amendment and violates principles necessary to maintain separation of powers and a federal state balance. |
| United States v. Morrison
|
congress may not regulate non economic, violent criminal conduct based solely on an assertion that the conduct has a negative impact on interstate commerce. |
| South Dakota v. Dole
|
congress may condition payments of federal funds to states on their passage of laws restricting alcohol sales, spending power, twenty first amendment |
| Missouri v. Holland
|
treaties, superior to state laws, federal laws and regulations enacted pursuant to a validly entered treaty take precedence over the laws of the individual states. |
| Garcia v. San Antonio Metropolitan Transit Authority
|
state and local government employers are subject to the flsa, application of the fair labor standards act to local government employers does not violate the tenth amendment. |
| New York v. United States
|
congress cannot impose a regulatory process on the individual states in violation of the tenth amendment, forcing individual states to comply with nationwide regulations. |
| Printz v. United States
|
congress may not compel state and local law enforcement officers to administer the brady act, federal law that requires a particular action by a state or local officer. |
| Gibbons v. Ogden
|
states may not exercise regulatory power delegated to congress simply because congress has failed to act, absence of congressional action to regulate commerce |
| City of Philadelphia v. New Jersey
|
restrict the flow of waste, landfills, states may not regulate commercial activity within their borders in such a way as to favor state interests. dormant commerce clause |
| Kassel v. Consolidated Freightways Corporation
|
state regulations having a direct impact on interstate commerce must be justifiable as a safety concern. |
| United Building and Construction Trades Council of Camden County v. Mayor and Council of Camden
|
municipal ordinances that discriminate based on local residency may violate the privileges and immunities clause, municipal residency requirements have interstate effect. |
| Youngstown Sheet and Tube Company v. Sawyer The Steel Seizure Case
|
presidential authority must be explicit, president, specific constitutional provisions, there is no inherent executive authority, executive order |
| United States v. Nixon
|
executive privilege does not shield the president from the judicial process, recognized claim of privilege, due process considerations, criminal trial, executive immunity, in camera inspection, speech or debate clause |
| Immigration and Naturalization Service v. Chadha
|
a grant of executive authority cannot be overridden by a congressional veto, once congress has acted to vest authority in an administrative agency, it cannot act to overturn the action of that agency in the absence of further legislation. |
| Clinton v. New York
|
the line item veto violates the constitution, line item veto act, virtual amendment of congressional acts by the president, delegation doctrine |
| Bowsher v. Synar
|
sequestration, budget appropriations cannot be delegated to a legislator the delegation of executive functions to a legislative administrator violates the constitutionally imposed doctrine of separation of powers |
| Morrison v. Olson
|
the appointments clause of the constitution permits congress to delegate to the courts the ability to appoint special prosecutors who are inferior officers. ndependent counsel |
| Ex Parte McCardle
|
congress has constitutional authority to regulate the appellate jurisdiction of the federal courts and the supreme court. repeal |
| Baker v. Carr
|
the guaranty clause of the constitution, judicially resolving an otherwise political question, political right; the equal protection clause, judicial question |
| Nixon v. United States
|
nonjusticiable, impeachment of a federal judge, u.s. senate, sole authority; judicial review, judicial participation |
| Allen v. Wright
|
case or controversy requirement, cognizable controversy, redress, confer standing, satisfy the federal standing requirement, present injury |
| Lujan v. Defenders of Wildlife
|
injury in fact and redressability must be established even under a federal statute conferring a private cause of action, private right of action, standing, personal injury, public, injury in fact |
| Friends of the Earth, Inc. v. Laidlaw Enviornmental Services TOC, Inc.
|
forthcoming |
| Ashcroft v. American Civil Liberties Union
|
harmful internet content, least restrictive alternative to protect minors, suppresses a substantial amount of protected speech, unconstitutional, less restrictive alternatives exist |
| Ashcroft v. The Free Speech Coalition
|
overbreadth doctrine, speech restrictions prohibiting a substantial amount of protected speech are overbroad and unconstitutional, child pornography, obscenity |
| Board of Trustees University of Alabama v. Garrett
|
states are not liable under the ada the americans with disabilities act, liable for employment discrimination, disability. eleventh amendment, equal protection, sovereign immunity |
| Brentwood Academy v. Tennessee Secondary School Athletic Association
|
private associations can be state actors, state action, close nexus, challenged action, seemingly private behavior |
| Brown v. Legal Foundation of Washington
|
iolta accounts are not takings requiring just compensation. just compensation is measured by the property owner's loss rather than the government's gain. |
| Bush v. Gore
|
constitutional standards apply to recounts. in the absence of clear standards to determine voter intent, a recount of votes cannot be permitted. |
| City of Littleton Colorado v. Z.J. Gifts
|
licensing scheme implicating first amendment interests must provide for "prompt judicial review" of any administrative denial of a license. |
| Easley v. Cromartie
|
legislative determinations, district boundary challenges, legislatively drawn boundarie, legitimate political objectives, traditional districting principles. |
| Elk Grove Unified School Dist. V. Newdow
|
federal courts abstain from resolving state domestic relations issues, religious education, abstention, standing |
| Engel v. Vitale
|
organized prayers in public schools are unconstitutional, the establishment clause of the first amendment, compose official prayers, religious program carried on by the government. |
| Florida Lime and Avocado Growers, Inc. v. Paul, Director, Dept. of Agriculture of California
|
conflict preemption requires impossible compliance with both federal and state regulations. |
| Grutter v. Bollinger
|
educational diversity is a compelling state interest, racial classifications, narrowly tailored, strict scrutiny |
| Hamdi v. Rumsfeld
|
individual due process rights must be balanced against national security, citizen detainee, classification as an enemy combatant, habeas corpus, war power |
| Lawrence v. Texas
|
regulation of sexual expression violates the fundamental right of privacy, state laws criminalizing homosexual relations violate substantive due process. sodomy. |
| Locke v. Davey
|
public funding of religious instruction justifies scholarship restrictions, the free exercise clause, state financed religious instruction, establishment clause |
| Lorillard Tobacco Company v. Reilly
|
federal cigarette advertising regulations preempt conflicting state regulations, congress expressly preempts state or local action, conflicting state regulation must yield to federal law, supremacy clause |
| Lorillard Tobacco Company v. Reilly2
|
restrictions on commercial speech are not subject to strict scrutiny |
| Nevada Department of Human Resources v. Hibbs
|
the fmla, state governments are liable for money damages for interfering or restraining state employees exercise of their rights under the family and medical leave act of 1993. family leave |
| Nguyen v. Immigration and Naturalization Service
|
gender based classification, basic biological differences between men and women factor into an equal protection analysis, substantially related to achieving an important governmental objective. |
| Palazzolo v. Rhode Island
|
eminent domain, inverse condemnation, just compensation, ripeness, taking, environmental concerns justify limitations on development, when a regulation denies all economically beneficial or productive use of property |
| Palmore v. Sidoti
|
custody determinations, potential racial bias against the child, courts may not use private racial bias as a justification for official court action |
| Pierce County Washington v. Guillen
|
congress may regulate intrastate activity that affects interstate commerce, the commerce clause, instrumentalities of interstate commerce |
| Republican Party of Minnesota v. White
|
judicial impartiality is not a compelling enough interest to justify suppressing candidates views, government regulations that supress speech on the basis of its content must be narrowly tailored, first amendment |
| Sabri v. United States
|
spending clause, appropriate federal funds for the general welfare, facial challenge, necessary and proper clause, spending power |
| Shaw v. Murphy
|
prison officials have discretion to restrict prisoners speech, restrictions on prisoner's communication mst be "reasonably related to legitimate penological interests." |
| Silveira v. Lockyer
|
the collective rights interpretation of the second amendment is affirmed; right to maintain an effective state militia and does not establish an individual right to own or possess firearms for personal use, right to bear arms |
| Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers
|
administrative action conflicting with clear statutory language is not entitled to deference, administrative authority; commerce clause |
| State Farm Mutual Automobile Insurance Company v. Campbell
|
punitive damages awards must be weighed against the compensatory damages; reprehensibility of the defendant's conduct, disparity between actual harm caused and amount of the punitive damages awarded. bad faith, supersedeas bond |
| Tennessee v. Lane
|
title ii of the ada is a valid exercise, abrogate the state's eleventh amendment immunity, congress must have unequivocally expressed its intent; americans with disabilities act |
| Thomas and Windy City Hemp Development Board v. Chicago Park District
|
content based restriction, prior restraint, requiring permits for all public assemblies does not infringe on the freedom of speech, content neutral regulation of access to public property, provides adequate standards |
| United States v. American Library Association, Inc.
|
libraries do not violate the first amendment by blocking pornography, censor |
| United States v. Seeger
|
religion, the test of whether a belief "in a relation to a supreme being", sincere and meaningful, occupies a place in the life of its possessor parallel to that filled by the orthodox belief in god. |
| Vieth v. Jubelirer
|
political gerrymandering claims are not justiciable, no judicially discoverable and manageable standards for resolving the issues presented, nonjusticiable political question, justiciability |
| Virginia v. Black
|
burning a cross, violates the first amendment, state statute banning cross burning with the intent to intimidate another person, free expression, prima facie evidence |
| Watchtower Bible and Tract Society of New York, Inc. v. Village of Stratton
|
freedom of speech includes the right to disseminate religious views at private residences; requiring a permit, door to door activities on private residential property. |
| Whitman v. American Trucking Association, Inc.
|
delegation doctrine; executive action involves a certain degree of administrative discretion; intelligible principle; legislative power; separation of powers |
| Gratz v. Bollinger
|
a point system emphasizing minority status violates equal protection; university admissions policies; take race into account, affirmative action; reverse discrimination |
| Rogers v. Lodge
|
discriminatory at large voting schemes are unconstitutional; multimember districts violate the fourteenth amendment; motivated by a discriminatory purpose. |
| McCleskey v. Kemp
|
forthcoming |
| Mobile v. Bolden
|
forthcoming |
| Village of Arlington Heights v. Metropolitan Housing Development Corporation
|
disproportionate impact; equal protection violation; proof of intentional or purposeful discrimination; disparate impact; invidious discrimination; zoning |
| Hill v. Colorado
|
confrontational speakers; unwilling recipients; a reasonable restriction on the time, place, and manner of protected speech does not violate the first amendment; content-based restriction; forum |
| Martin v. Hunter's Lessee
|
Martin v. Hunter's Lessee, the Unites States Supreme Court is the singular revising authority to control discordant state court judgments and harmonize them. |
| Desegratation Laws
|
Cooper v. Aaron |
| Political Question Doctrine
|
Massachusetts v. Environmental Protection Agency, states can sue over global warming, case or controversy requirement |
| Commerce Power
|
Gibbons v. Ogden |
| Commerce Clause
|
Hammer v. Dagenhart [The Child Labor Case], prohibiting the use of the facilities of interstate commerce to effect an intended evil |
| Medical Marijuana
|
Gonzales v. Raich, medicinal marijuana violates federal drug laws under the commerce clause powers |
| Dormant Commerce Clause
|
C&A Carbone, Inc. v. Clarkstown, ordinance that discriminates against interstate commerce in favor of local business or investment is per se invalid, unless municipality demonstrates it has no other means to advance a legitimate local interest |
| United Haulers Ass'n v. Oneida-Herkimer Solid Waste Management Authority
|
United Haulers Ass'n v. Oneida-Herkimer Solid Waste Management Authority, limits C&A Carbone, Inc v. Clarkstown holding regarding waste management activities by governments |
| Barriers to Interstate Trade Violate the Commerce Clause
|
Baldwin v. G.A.F. Seelig, Inc., Barriers to commercial traffic between states, direct or indirect, violate the Commerce Clause when purpose and effect of such barriers is to suppress or mitigate the consequences of competition between states. |
| Hamdan v. Rumsfeld
|
Accused terrorists hearings before regular tribunals, military commissions |
| Kelo v. City of New London
|
Eminent domain, just compensation, public purpose, takings of private property for use by other private citizens pursuant to a carefully considered economic development plan intended for a public purpose are valid under the Fifth Amendment |
| Partial Birth Abortion Ban
|
Gonzales v. Carhart, woman's health, late term abortions |
| Racial Balancing Strict Scrutiny
|
Parents Involved in Community Schools v. Seattle School District, all racially based state action must pass strict scrutiny, even if the asserted purpose is racial balancing |
| Federal Election Commission v. Wisconsin Right to Life
|
Federal Election Commission v. Wisconsin Right to Life, Bipartisan Campaign Reform Act, corporations may sponsor issue oriented ads advertisements prior to an election |
| Ten Commandments Displays Establishment Clause
|
McCreary County v. ACLU of Kentucky, ten commandments displays in county courthouses violate the first amendment establishment clause |
| Ten Commandments on State Capitol Grounds
|
Van Orden v. Perry, The mere fact that an object has some religious significance does not automatically mean that it runs afoul of the Establishment Clause. |
| Miller-El v. Dretke
|
batson v. kentucky, johnson v. california, peremptory challenges. |
| Adamson v. California
|
the fifth amendment's protection against self incrimination; state prosecutions; through the fourteenth amendment. |
| Arizona v. Fulminante
|
harmless error rule; admission of a coerced confession; warrant re-trial; stare decisis |
| Bell v. Cone
|
death penalty; capital punishment; death row; actions of defense counsel are presumed reasonable; capital offense |
| Berkemer v. McCarty
|
custodial interrogation; noncustodial interrogation; ordinary traffic stops do not give rise to a need for miranda warnings |
| Board of Education v. Earls
|
suspicionless drug testing of public school students involved in extracurricular activities is a reasonable; special needs analysis |
| Douglas v. California
|
indigent defendants are entitled to counsel for the first appeal as of right; ex parte; in forma pauperis |
| Faretta v. California
|
sixth amendment; defendant has the right to represent himself at trial, as long as his decision to do so is voluntary and intelligent. pro se |
| Florida v. Bostick
|
bus searches are not necessarily an unreasonable restraint on a passenger s freedom; randomly; an individual's freedom to leave. |
| Gideon v. Wainwright
|
right to counsel; state court felony defendants are entitled to counsel; indigent defendants charged with felonies in state court proceedings have the right to have counsel appointed for them. |
| Horton v. California
|
warrantless seizure of evidence of a crime found in plain view should not be prohibited by the fourth amendment, plain view" doctrine |
| Lisenba v. California
|
|
| Mapp v. Ohio
|
all evidence obtained by unreasonable searches and seizures in violation of the fourth amendment is inadmissible in state court; overrules wolf v. colorado; stare decisis |
| Maryland v. Buie
|
protective sweeps of dwellings are valid pursuant to a lawful arrest; reasonable suspicion that there is some danger. |
| Maryland v. Craig
|
the confrontation clause; protect a child witness from trauma; testifying in the physical presence of the defendant, ensures the reliability of the evidence; rigorous adversarial testing; essence of effective confrontation; cross examination |
| Michigan v. Long
|
terry frisk of an automobile for weapons; search of the passenger compartment; reasonable belief, based on specific and articulable facts and the rational inferences; gain immediate control of weapons. |
| Miranda v. Arizona
|
custodial interrogation; duress; exculpatory evidence; inculpatory evidence; miranda rule; right against self incrimination; defendants must be informed of their rights prior to interrogation; used against the defendant at trial; the right to remain silen |
| Missouri v. Hunter
|
concurrent sentence; cumulative sentence; same offense; defendants may be sentenced in a single trial under mutltiple statutes proscribing the same conduct;cumulative punishment |
| North Carolina v. Butler
|
express waiver; implied waiver; waiver of counsel; waiver may also be inferred by the words or conduct of the suspect. |
| Oregon v. Mathiason
|
miranda warnings are not required in noncustodial interrogations; custodial setting; custodial interrogation. |
| Spano v. New York
|
confessions obtained by relentless questioning and plays for sympathy violate due process; police pressure; not voluntary. |
| Strickland v. Washington
|
ineffective assistance of counsel; reversal of a conviction or sentence; deficiency was prejudicial to the defense; mitigating circumstance |
| Terry v. Ohio
|
police may stop and frisk someone reasonably believed to have committed a crime; reasonable suspicion that a suspect has committed a crime or is about to commit a crime; detain him briefly for questioning; carrying a dangerous weapon |
| United States v. Arvizu
|
reasonable suspicion is based on all the surrounding circumstances; totality of the circumstances surrounding a stop. |
| United States v. Dougherty
|
jury nullification remains an important component of american justice; prerogative of the jury after considering the facts and law presented. |
| United States v. Dunnigan
|
sentences may be enhanced based on perjury; sentence enhancement; defendant's right to testify on his or her own behalf; sentencing guidelines |
| United States v. Goba
|
risk of flight; detained pre trial; pretrial detention is justified if the court finds that no conditions imposed on the defendant will assure the defendant s appearance and the safety of the community. |
| United States v. Salamone
|
challenge for cause; striking jurors for cause on the basis of their nra membership was an abuse of discretion; impartial |
| United States v. Mendenhall
|
if a reasonable person would believe she was free to leave, there was no seizure a person is seized when, in light of the circumstances, a reasonable person would have believed that she was no longer free to leave. seizure |
| Warden v. Hayden
|
police may conduct a warrantless search of a building when in hot pursuit; exigency |
| Weeks v. United States
|
obtaining evidence without a search warrant may violate the exclusionary rule amendment; the fourth amendment forbids federal officers from obtaining evidence through unreasonable searches and seizures. |
| Wong Sun v. United States
|
fruit of the poisonous tree doctrine; independent source rule; prophylactic; evidence that is so attenuated from the original unlawful conduct as to dissipate the taint is admissible. |
| Palko v. Connecticut
|
double jeopardy, fifth amendment prohibition does not apply to the states through the fourteenth amendment, only rights implicit in the concept of ordered liberty are applicable to the states through the fourteenth amendment |
| Wolf v. Colorado
|
due process, fourth amendment, unreasonable searches and seizures, exclusion of all evidence obtained by an unreasonable search is not required by due process |
| Duncan v. Louisiana
|
sixth amendment right to a jury trial for criminal defendents is incorporated to the states by the fourteenth amendment |
| United States v. Leon
|
exclusionary rule limited by good faith exception, evidence seized by law enforcement acting in reasonable reliance on a search warrant issued by a detached and neutral magistrate is admissible, even if found unsupported by probable cause |
| Pennsylvania Board of Probation and Parole v. Scott
|
exclusionary rule does not apply at parole revocation hearings, evidence seized in violation of fourth amendment unreasonable search and seizure prohibition may be introduced |
| Katz v. United States
|
wiretap in public phone booth violates fourth amendment, right of privacy protects all communications that a person does not knowingly expose to the public |
| California v. Greenwood
|
trash on curb may be searched without a warrant, warrantless search allowed since there is no reasonable expectation of privacy |
| Florida v. Riley
|
Surveillance from airspace above a residence does not constitute a search for which a warrant is required under the Fourth Amendment |
| United States v. Karo
|
forthcoming |
| Kyllo v. United States
|
forthcoming |
| United States v. White
|
forthcoming |
| Zurcher v. Stanford Daily
|
forthcoming |
| Spinelli v. United States
|
forthcoming |
| Illinois v. Gates
|
forthcoming |
| Maryland v. Pringle
|
forthcoming |
| Maryland v. Garrison
|
forthcoming |
| Richards v. Wisconsin
|
forthcoming |
| United States v. Watson
|
forthcoming |
| United States v. Robinson
|
forthcoming |
| Whren v. United States
|
forthcoming |
| Atwater v. City of Lago Vista
|
forthcoming |
| Tennessee v. Garner
|
forthcoming |
| Payton v. New York
|
forthcoming |
| Chimel v. California
|
forthcoming |
| Vale v. Louisiana
|
forthcoming |
| California v. Carney
|
forthcoming |
| Thornton v. United States
|
forthcoming |
| Knowles v. Iowa
|
forthcoming |
| California v. Acevedo
|
forthcoming |
| Wyoming v. Houghton
|
forthcoming |
| Colorado v. Bertine
|
forthcoming |
| Florida v. J.L.
|
forthcoming |
| Illinois v. Wardlow
|
forthcoming |
| Florida v. Royer
|
forthcoming |
| United States v. Drayton
|
forthcoming |
| United States v. Place
|
forthcoming |
| Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls
|
forthcoming |
| Schneckloth v. Bustamonte
|
forthcoming |
| Illinois v. Rodriguez
|
forthcoming |
| United States v. Russell
|
forthcoming |
| Jacobson v. United States
|
forthcoming |
| Betts v. Brady
|
forthcoming |
| Alabama v. Shelton
|
forthcoming |
| Ross v. Moffitt
|
forthcoming |
| Ashcraft v. Tennessee
|
forthcoming |
| Watts v. Indiana
|
forthcoming |
| Massiah v. United States
|
forthcoming |
| Escobedo v. Illinois
|
forthcoming |
| Yarborough v. Alvarado
|
forthcoming |
| Rhode Island v. Innis
|
forthcoming |
| Illinois v. Perkins
|
forthcoming |
| Minnick v. Mississippi
|
forthcoming |
| New York v. Quarles
|
forthcoming |
| United States v. Patane
|
forthcoming |
| Missouri v. Seibert
|
forthcoming |
| Moran v. Burbine
|
forthcoming |
| Dickerson v. United States
|
forthcoming |
| Chavez v. Martinez
|
forthcoming |
| Brewer v. Williams I
|
forthcoming |
| Kuhlman v. Wilson
|
forthcoming |
| United States v. Wade
|
forthcoming |
| Kirby v. Illinois
|
forthcoming |
| Manson v. Brathwaite
|
forthcoming |
| Boyd v. United States
|
forthcoming |
| United States v. Dionisio
|
forthcoming |
| United States v. Mandujano
|
forthcoming |
| Kastigar v. United States
|
forthcoming |
| Fisher v. United States
|
forthcoming |
| United States v. Hubbell
|
forthcoming |
| United States v. Salerno
|
forthcoming |
| United States v. Armstrong
|
forthcoming |
| United States v. Batchelder
|
forthcoming |
| Untied States v. Goodwin
|
forthcoming |
| Coleman v. Alabama
|
forthcoming |
| Vasquez v. Hillery
|
forthcoming |
| Costello v. United States
|
forthcoming |
| Barker v. Wingo
|
forthcoming |
| Doggett v. United States
|
forthcoming |
| United States v. Lovasco
|
forthcoming |
| Williams v. Flordia
|
forthcoming |
| United States v. Bagley
|
forthcoming |
| Pennsylvania v. Ritchie
|
forthcoming |
| Bordenkircher v. Hayes
|
forthcoming |
| Santobello v. New York
|
forthcoming |
| Mabry v. Johnson
|
forthcoming |
| United States v. Benchimol
|
forthcoming |
| United States v. Ruiz
|
forthcoming |
| Boykin v. Alabama
|
forthcoming |
| Henderson v.Morgan
|
forthcoming |
| North Carolina v. Alford
|
forthcoming |
| Duncan v. Louisiana
|
forthcoming |
| Blanton v. City of North Las Vegas
|
forthcoming |
| Burch v. Louisiana
|
forthcoming |
| Singer v. United States
|
forthcoming |
| Carter v. Jury Commission
|
forthcoming |
| Taylor v. Louisiana
|
forthcoming |
| Turner v. Murray
|
forthcoming |
| Lockhart v. McCree
|
forthcoming |
| J.E.B. v. Alabama ex rel. T.B.
|
forthcoming |
| Murphy v. Florida
|
forthcoming |
| Gentile v. State Bar of Nevada
|
forthcoming |
| Chandler v. Florida
|
forthcoming |
| Press-Enterprise Co. v. Superior Court Press Enterprise II
|
forthcoming |
| Rompilla v. Beard
|
forthcoming |
| Florida v. Nixon
|
forthcoming |
| Wheat v. United States
|
forthcoming |
| Mickens v. Taylor
|
forthcoming |
| Illinois v. Allen
|
forthcoming |
| Crawford v. Washington
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forthcoming |
| Richardson v. Marsh
|
forthcoming |
| Davis v. Alaska
|
forthcoming |
| Griffin v. California
|
forthcoming |
| Rock v. Arkansas
|
forthcoming |
| Taylor v. Kentucky
|
forthcoming |
| Darden v. Wainwright
|
forthcoming |
| Herrera v. Collins
|
forthcoming |
| Ashe v. Swenson
|
forthcoming |
| United States v. Dixon
|
forthcoming |
| Heath v. Alabama
|
forthcoming |
| Hudson v. United States
|
forthcoming |
| Arizona v. Washington
|
forthcoming |
| Oregon v. Kennedy
|
forthcoming |
| United States v. Scott
|
forthcoming |
| Burks v. United States
|
forthcoming |
| United States v. Grayson
|
forthcoming |
| Mitchell v. United States
|
forthcoming |
| Blakely v. Washington
|
forthcoming |
| McCleskey v. Kemp
|
forthcoming |
| Roper v. Simmons
|
forthcoming |
| Stack v. Boyle
|
forthcoming |
| Powell v. Alabama
|
forthcoming |
| Brown v. Mississippi
|
forthcoming |
| Smith v. Maryland
|
forthcoming |
| Lo-Ji Sales, Inc. v. New York
|
forthcoming |
| Welsh v. Wisconsin
|
forthcoming |
| New York v. Belton
|
forthcoming |
| Chambers v. Maroney
|
forthcoming |
| United States v. Chadwick
|
forthcoming |
| California v. Acevedo
|
forthcoming |
| Arizona v. Hicks
|
forthcoming |
| United States v. Matlock
|
forthcoming |
| Dunaway v. New York
|
forthcoming |
| California v. Hodari D.
|
forthcoming |
| Alabama v. White
|
forthcoming |
| Michigan v. Long
|
forthcoming |
| Michigan Department of State Police v. Sitz
|
forthcoming |
| Rakas v. Illinois
|
forthcoming |
| Minnesota v. Carter
|
forthcoming |
| Silverthorne Lumber Company v. United States
|
forthcoming |
| Murray v. United States
|
forthcoming |
| Lisebna v. California
|
forthcoming |
| Colorado v. Connelly
|
forthcoming |
| Bram v. United States
|
forthcoming |
| Edwards v. Arizona
|
forthcoming |
| Michigan v. Jackson
|
forthcoming |
| McNeil v. Wisconsin
|
forthcoming |
| Sherman v. United States
|
forthcoming |
| Stovall v. Denno
|
forthcoming |
| Blackledge v. Perry
|
forthcoming |
| United States v. Williams
|
forthcoming |
| Ohio v. Reiner
|
forthcoming |
| Arizona v. Youngblood
|
forthcoming |
| State v. Reldan
|
forthcoming |
| Nix v. Whiteside
|
forthcoming |
| Scott v. Illinois
|
forthcoming |
| Godinez v. Moran
|
forthcoming |
| Brady v. United States
|
forthcoming |
| United States v. Brechner
|
forthcoming |
| McMann v. Richardson
|
forthcoming |
| Ham v. South Carolina
|
forthcoming |
| People v. Newton
|
forthcoming |
| United States v. Thomas
|
forthcoming |
| Olden v. Kentucky
|
forthcoming |
| Idaho v. Wright
|
forthcoming |
| Cruz v. New York
|
forthcoming |
| Gray v. Maryland
|
forthcoming |
| United States v. Burr
|
forthcoming |
| Taylor v. Illinois
|
forthcoming |
| Williams v. New York
|
forthcoming |
| McMillan v. Pennsylvania
|
forthcoming |
| Apprendi v. New Jersey
|
forthcoming |
| North Carolina v. Pearce
|
forthcoming |
| Texas v. McCullough
|
forthcoming |
| Mistretta v. United States
|
forthcoming |
| United States v. Harrington
|
forthcoming |
| United States v. Dunnigan
|
forthcoming |
| Koon v. United States
|
forthcoming |
| Fong Foo v. United States
|
forthcoming |
| Downum v. United States
|
forthcoming |
| Illinois v. Somerville
|
forthcoming |
| Blockburger v. United States
|
forthcoming |
| Brown v. Ohio
|
forthcoming |
| Harris v. Oklahoma
|
forthcoming |
| Bartkus v. Illinois
|
forthcoming |
| Jackson v. Virginia
|
forthcoming |
| Teague v. Lane
|
forthcoming |
| Wainwright v. Sykes
|
forthcoming |
| Smith v. Murray
|
forthcoming |
| City of Indianapolis v. Edmond
|
forthcoming |
| Hector (A Slave) v. State
|
forthcoming |
| Chavez v. Martinez
|
forthcoming |
| Chavez v. Martinez
|
forthcoming |
| Oregon v. Elstad
|
forthcoming |
| Hoffman v. United States
|
forthcoming |
| Ineffective Assistance of Counsel in Death Penalty Case
|
Rompilla v. Beard; capital defendant and family say no mitigating evidence, but defense lawyer must make reasonable efforts to obtain and review prosecution evidence of aggravation at sentencing phase of trial; death penalty |
| Sixth Amendment Right to Representation of Counsel
|
United States v. Gonzalez-Lopez; wrongful denial of the right to counsel of the defendant's choosing is a structural error (fundamental error) not subject to harmless-error review; pro hac vice |
| Knock and Announce Rule
|
Hudson v. Michigan; police announcing their presence at a home must wait an appropriate amount of time before entering; exclusionary rule does not necessarily suppress evidence; fruit-of-the-poisonous-tree doctrine; no-knock search warrant |
| Suspicionless Searches of Parolees
|
Samson v. California; evidence seized in a suspicionless search of a parolee is admissible under the Fourth Amendment |
| Voluntary Statements to Government Informant Admissable
|
Hoffa v. United States; Fourth Amendment protections from unreasonable searches and seizures extend to hotel rooms, but statements voluntarily made to informant are not inadmissible |
| Entrapment Defense
|
Sherman v. United States; repeated requests to commit a crime and pleas for sympathy establish entrapment; if defendant's criminal conduct arises from the inducement of law enforcement officers, not the intention of the defendant |
| Police Searches Of Network Computers Require Warrant
|
United States v. Heckenkamp; absent clear warnings, connecting a personal computer to a computer network does not relinquish an otherwise objectively reasonable expectation of privacy; warrantless search |
| Warrantless Search of Sealed, Opaque Container Unreasonable
|
United States v. Villarreal; individuals have a reasonable expectation that their letters and other sealed containers will not be opened by government agents without a warrant when they are surrendered to a carrier |
| Pen Register
|
Smith v. Maryland; recovering telephone numbers with pen register not a search; individuals assume the risk of disclosure of information they knowingly convey to a third party |
| Federal Wiretapping Laws
|
United States v. Turk; replaying of legally recorded conversations does not constitute an illegal aural interception; aural acquisition |
| Employer Listening to Private Employee Telephone Conversations
|
Deal v. Spears; Title III of the Omnibus Crime Control and Safe Streets Act of 1996 creates exception to civil liability for aural interception during business use of a telephone extension; scope of exception limited to the business purpose |
| United States v. Resendiz-Ponce
|
United States v. Resendiz-Ponce; indictments need not ordinarily plead specific conduct by the defendant to be constitutional |
| Shackled Defendant Before Jury
|
Deck v. Missouri; the constitution prohibits the use of visible shackles during the penalty phase of a criminal trial unless the use is justified by an essential state interest specific to the defendant on trial |
| Sixth Amendment Confrontation Clause and Taped Testimony
|
Crawford v. Washington; out-of-court statements are inadmissible into evidence if defendant has no opportunity to cross-examine speaker, unless witness is unavailable and defendant has prior opportunity to cross-examine the declarant; hearsay |
| Daniel M'Naughten
|
Dog is upset because police officer thinks he has culpability but the cat does not. |
| People v. Bowen
|
Gazelle tells lion that charging at him constitutes an attempt on his life. |
| People v. Taylor
|
Getaway car driver worries about his accomplices committing felony murder in liquor store. |
| State v. Whitmarsh
|
Dog refuses sex with cat. |
| United States v. Bergman
|
Elderly man argues for no custody time since he will not be a recidivist. |
| United States v. Escamilla
|
Firearm accidentally goes off while pointed at a man during an argument. |
| Commonwealth v. Poindexter
|
forthcoming |
| Locke v. State
|
forthcoming |
| Locke v. Rose
|
forthcoming |
| Rose v. Locke
|
forthcoming |
| Wilson v. State
|
forthcoming |
| State v. Mullen
|
forthcoming |
| Perkins v. State of North Carolina
|
forthcoming |
| Pierce v. Commonwealth
|
forthcoming |
| Regina v. Cunningham
|
forthcoming |
| State v. Rocker
|
forthcoming |
| Ford v. State
|
forthcoming |
| Smallwood v. State
|
forthcoming |
| Sandstrom v. Montana
|
forthcoming |
| United States v. Jewell
|
forthcoming |
| Barnes v. United States
|
forthcoming |
| State v. Hazelwood
|
forthcoming |
| State v. Larson
|
forthcoming |
| State v. Cushman
|
forthcoming |
| State v. Stepniewski
|
forthcoming |
| State v. Sexton
|
forthcoming |
| People v. Marrero
|
forthcoming |
| State v. Caddell
|
forthcoming |
| People v. Gory
|
forthcoming |
| Wheeler v. United States
|
forthcoming |
| County Court of Ulster County v. Allen
|
forthcoming |
| State v. Williquette
|
forthcoming |
| Hughes v. State
|
forthcoming |
| Mullaney v. Wilbur
|
forthcoming |
| Patterson v. New York
|
forthcoming |
| People v. Washington
|
forthcoming |
| People v. Berry
|
forthcoming |
| State v. Guthrie
|
forthcoming |
| Hyam v. Director of Public Prosecutions
|
forthcoming |
| State v. Goodseal
|
forthcoming |
| State v. Rose
|
forthcoming |
| Kibbe v. Henderson
|
forthcoming |
| Regina v. Blaue
|
forthcoming |
| Gregg v. Georgia
|
forthcoming |
| Pate v. Robinson
|
forthcoming |
| Jackson v. Indiana
|
forthcoming |
| United States v. Brawner
|
forthcoming |
| State v. McVey
|
forthcoming |
| Powell v. Texas
|
forthcoming |
| United States v. Moore
|
forthcoming |
| Montana v. Egelhoff
|
forthcoming |
| City of Minneapolis v. Altimus
|
forthcoming |
| State v. Q.D.
|
forthcoming |
| United States v. Peterson
|
forthcoming |
| Bechtel v. State
|
forthcoming |
| Law v. State
|
forthcoming |
| Bishop v. State
|
forthcoming |
| Tennessee v. Garner
|
forthcoming |
| State v. Hobson
|
forthcoming |
| State v. Wilder
|
forthcoming |
| State v. Warshow
|
forthcoming |
| United States v. LaFleur
|
forthcoming |
| Washington v. Glucksberg
|
forthcoming |
| State v. Hiott
|
forthcoming |
| State v. Garoutte
|
forthcoming |
| State v. Alston
|
forthcoming |
| State v. Thompson
|
forthcoming |
| People v. Evans
|
forthcoming |
| Jones v. State
|
forthcoming |
| People v. Liberta
|
forthcoming |
| Owens v. State
|
forthcoming |
| Director of Public Prosecutions v. Morgan
|
forthcoming |
| People v. Harris
|
forthcoming |
| In Re Smith
|
forthcoming |
| Regina v. Eagleton
|
forthcoming |
| People v. Rizzo
|
forthcoming |
| People v. Orndorff
|
forthcoming |
| Commonwealth v. Skipper
|
forthcoming |
| People v. Bowen
|
forthcoming |
| United States v. Thomas
|
forthcoming |
| People v. Staples
|
forthcoming |
| United States v. James
|
forthcoming |
| State v. St. Christopher
|
forthcoming |
| Mitchell v. State
|
forthcoming |
| People v. Lauria
|
forthcoming |
| United States v. Feola
|
forthcoming |
| Shaw v. Director of Public Prosecutions
|
forthcoming |
| Ventimiglia v. United States
|
forthcoming |
| Braverman v. United States
|
forthcoming |
| Kotteakos v. United States
|
forthcoming |
| United States v. Bruno
|
forthcoming |
| United States v. Michelena-Orovio
|
forthcoming |
| Grunewald v. United States
|
forthcoming |
| Iannelli v. United States
|
forthcoming |
| People v. Lubow
|
forthcoming |
| Hicks v. United States
|
forthcoming |
| Bailey v. United States
|
forthcoming |
| Bogdanov v. People
|
forthcoming |
| State v. Gladstone
|
forthcoming |
| People v. Marshall
|
forthcoming |
| State v. Diaz
|
forthcoming |
| United States v. Carter
|
forthcoming |
| People v. Kessler
|
forthcoming |
| People v. Taylor
|
forthcoming |
| United States v. Bryan
|
forthcoming |
| State v. Adams
|
forthcoming |
| State v. Cota
|
forthcoming |
| State v. Beaudry
|
forthcoming |
| State v. Akers
|
forthcoming |
| Commonwealth v. Beneficial Finance Co.
|
forthcoming |
| United States v. Park
|
forthcoming |
| Stephens v. State
|
forthcoming |
| Holland v. State
|
forthcoming |
| Ewing v. California
|
forthcoming |
| Ewing v. California b
|
forthcoming |
| Apprendi v. New Jersey
|
forthcoming |
| People v. Newton
|
forthcoming |
| Martin v. State
|
forthcoming |
| Robinson v. California
|
forthcoming |
| Johnson v. State
|
forthcoming |
| Chicago v. Morales
|
forthcoming |
| Lambert v. California
|
forthcoming |
| Regina v. Faulkner
|
forthcoming |
| Regina v. Prince
|
forthcoming |
| Cheek v. United States
|
forthcoming |
| Commonwealth v. Twitchell
|
forthcoming |
| Stephenson v. State
|
forthcoming |
| People v. Kevorkian
|
forthcoming |
| People v. Kevorkian b
|
forthcoming |
| People v. Beardsley
|
forthcoming |
| Francis v. Franklin
|
forthcoming |
| People v. Berry
|
forthcoming |
| Commonwealth v. Welansky
|
forthcoming |
| State v. Williams
|
forthcoming |
| Mayes v. The People
|
forthcoming |
| State v. Martin
|
forthcoming |
| Tison v. Arizona
|
forthcoming |
| Tison v. Arizona b
|
forthcoming |
| Atkins v. Virginia
|
forthcoming |
| McCleskey v. Kemp
|
forthcoming |
| State v. Leidholm
|
forthcoming |
| People v. Goetz
|
forthcoming |
| The Queen v. Dudley & Stephens
|
forthcoming |
| People v. Unger
|
forthcoming |
| State v. Hunter
|
forthcoming |
| People v. Serravo
|
forthcoming |
| Smith v. State
|
forthcoming |
| People v. Lubow
|
forthcoming |
| State v. Ochoa
|
forthcoming |
| State v. Etzweiler
|
forthcoming |
| State v. Verive
|
forthcoming |
| United States v. Diaz
|
forthcoming |
| State v. Christy Pontiac-GMC, Inc.
|
forthcoming |
| Commonwealth v. McIlwain School Bus Lines
|
forthcoming |
| United States v. Hilton Hotel Corp.
|
forthcoming |
| Commonwealth v. Mitchneck
|
forthcoming |
| Rex v. Chisser
|
forthcoming |
| The King v. Pear
|
forthcoming |
| State v. Smith
|
forthcoming |
| In the Interest of M.T.S.
|
forthcoming |
| Boro v. People
|
forthcoming |
| Commonwealth v. Fischer
|
forthcoming |
| United States v. Gementera
|
forthcoming |
| State v. Guthrie
|
forthcoming |
| Attorney General for Jersey v. Holley
|
forthcoming |
| People v. Howard
|
forthcoming |
| People v. Wilhelm
|
forthcoming |
| Clark v. Arizona
|
forthcoming |
| Latimer v. The Queen
|
forthcoming |
| People v. Robertson
|
forthcoming |
| Juvenile Court Reasonable Doubt
|
In Re Winship, In juvenile court, guilt of criminal charges must be proven beyond a reasonable doubt. |
| General Deterrence and Sentencing
|
United States v. Milken, individual deterrence, general deterrence, punishment, retribution, and rehabilitation, appropriate criminal sentence. |
| The Sentencing Reform Act
|
United States v. Gementera, judge force convict to declare crime in public, The Sentencing Reform Act affords courts broad discretion in fashioning conditions of supervised release reasonably related to nature and circumstances of offense |
| Criminal Laws on Homosexuality
|
Lawrence v. Texas, state laws criminalizing homosexual relations violate substantive due process. |
| Common Law Misdemeanors
|
Commonwealth v. Mochan, misdemeanors may arise under state common law, acts against the public morality, Lawrence v. Texas, homosexuality |
| Fair Warning In Legislation
|
McBoyle v. United States, legislation must be drafted in such a way as to give citizens fair warning of what conduct is encompassed within the statute, ejusdem generis |
| The Rule of Lenity
|
United States v. Dauray, The rule of lenity requires that ambiguities in a criminal statute be resolved in the defendant's favor, noscitur a socis |
| Mens Rae
|
B (A Minor) v. Director of Public Prosecutions, Absent legislative direction, the common law presumes that an accused's honest belief that negates the requisite mens rea of the crime is a valid defense. |
| M.C. v. Bulgaria
|
Essential element of the crime of rape is lack of consent. |
| People v. Hall
|
Ski accident, Whether a risk of death is substantial and unjustifiable must be determined based on the circumstances of each case. |
| Hines v. State
|
Felonies that create a foreseeable risk of death under the circumstances are inherently dangerous, justifying the felony-murder rule. |
| People v. Burton
|
The underlying felony sufficient to trigger the felony-murder rule must involve an independent felonious purpose, lesser included offense |
| Atkins v. Virginia
|
The execution of a mentally retarded person is "cruel and unusual punishment" and therefore violates the Eighth Amendment. |
| United States v. McDermott
|
A conspiracy requires a unity of unlawful purpose between two or more individuals. |
| People v. Goetz
|
Self defense, The reasonableness of a belief in the need to use force is determined according to an objective standard, taking into account the circumstances or situation faced by the defendant. |
| Clark v. Arizona
|
Mens rae, under Arizona's Mott rule, a court will not allow evidence of a mental disorder short of insanity as bearing on a defendant's capacity to form specific intent. |
| Linda R. S. v. Richard D.
|
A plaintiff must have a sufficient stake in the outcome of a case to maintain standing. |
| Inmates of Attica Correctional Facility v. Rockefeller
|
Selective prosecution, courts are reluctant to interfere with prosecutorial discretion. |
| United States v. Armstrong
|
In selective-prosecution claims based on race, in order to obtain discovery, the claimant must produce preliminary evidence that similarly situated offenders of a different race could have been prosecuted but were not. |
| Brady v. United States
|
A guilty plea is not involuntary merely because it was entered into to avoid the possibility of the death penalty. |
| Bordenkircher v. Hayes
|
It is not a vindictive exercise of a prosecutor's discretion, and therefore not a violation of due process, to reindict a defendant on more serious charges if the defendant does not plead guilty to the original offense charged. |
| Williams v. New York
|
Pre-sentence investigation, imposition of death sentence for murder in the first degree is not void under the Due Process Clause solely because trial court, before imposing sentence, considered additional information from probation department |
| United States v. Thompson
|
Downward departure, under federal sentencing guidelines, courts may order a downward departure from the sentencing guidelines based on extraordinary family circumstances. |
| Blakely v. Washington
|
Determinate sentence, indeterminate sentence, sentencing guidelines, imposition of a sentence outside the statutory range based on facts never admitted nor put before a jury deprives a criminal defendant of his Sixth Amendment rights. |
| Ewing v. California
|
Three strikes law, Eighth Amendment's prohibition on cruel and unusual punishment, deterrence, proportionality, recidivism, rehabilitation |
| Economic Stimulus Checks
|
Recession fighting, uncle sam, deficit spending. |
| Housing Bailout
|
Easy credit, lending standards, due diligence. |
| Foreclosure Cartoon
|
Walking Away, underwater, negative equity |
| House Under Water
|
Silver lining, optimist |
| Sovereign Wealth Fund SWF
|
Chinese power, economic growth, borrowing from China |
| FDIC
|
Takeover of the bank on Friday, shelia blair, banking crisis, insolvent banks |
| Election Year Politics
|
Housing bail out, save from foreclosure, Fannie Mae, Freddie Mac |
| Real Estate Blogs
|
Housing bubble blogging, bubble bloggers |
| Quarterly Earnings Report
|
Bad earnings announcement, quarterly loss, declining income and increasing expenses. |
| Real Estate Cartoon
|
Previous valuation, inflated values, appraise for, appraisal. FREE USE FOR BLOGS. Email stu@stus.com for details. |
| Real Estate Always Goes Up
|
Permabull, NAR, National Association of Realtors. FREE USE FOR BLOGS. Email stu@stus.com for details. |
| Sell real estate.
|
Buyer remorse. FREE USE FOR BLOGS. Email stu@stus.com for details. |
| Talk Up The Market
|
Press spin, deny everything. FREE USE FOR BLOGS. Email stu@stus.com for details. |
| Market Reality
|
Reintroduction of risk, reckless lending practices, loan officer layoffs. FREE USE FOR BLOGS. Email stu@stus.com for details. |
| Qualify For A Loan
|
Stricter underwriting standards, increased due diligence. FREE USE FOR BLOGS. Email stu@stus.com for details. |
| Investment Dervivatives
|
CDOs, tranches, MBS, mortgage backed securities. FREE USE FOR BLOGS. Email stu@stus.com for details. |
| Bad Loans
|
Loose underwriting standards. FREE USE FOR BLOGS. Email stu@stus.com for details. |
| Fannie Mae and Freddie Mac Cartoon
|
Bail outs, GSEs, moral hazards, liquidity. FREE USE FOR BLOGS. Email stu@stus.com for details. |
| Rating Agencies
|
Downgrade ratings, Moodys, S&P, Fitch. FREE USE FOR BLOGS. Email stu@stus.com for details. |
| Bailouts At Taxpayer Expense
|
Government causing high housing prices. FREE USE FOR BLOGS. Email stu@stus.com for details. |
| Wall Street Welfare
|
Too big to fail, ensuring liquidity, corporate welfare. FREE USE FOR BLOGS. Email stu@stus.com for details. |
| apparent agency vicarious liability
|
Roessler v. Novak; a principal may be held liable for the acts of an agent if the principal permits the appearance of authority in the agent. independent contractor |
| res ipsa loquitur
|
States v. Lourdes Hospital; doctrine of res ipsa loquitor; factfinder; draw an inference of negligence; kind that ordinarily does not occur absent negligence. |
| economic loss rule
|
532 Madison Avenue Gourmet Foods, Inc. v. Finlandia Center, Inc.; adjoining landowners; purely economic losses; construction defects |
| Proximate Cause
|
Doe v. Manheimer; a negligent act is the legal cause of a plaintiff's injury only if the injury would not have occurred without the act, and if the negligent act was a substantial factor in producing the plaintiff s injury. |
| the firefighter's rule
|
Levandoski v. Cone; the firefighter's rule does not bar recovery from a tortfeasor who is neither a landowner nor a person in control of the premises; invitee; licensee |
| Website Owner Liability For Visitor Posts
|
Carafano v. Metrosplash.com, Inc.; a website host is not liable for false information posted by a visitor as a publisher or speaker; invasion of privacy; defamation; right of publicity |
| Fair Use Parody
|
Winter v. DC Comics; the first amendment; appropriation of a likeness; more than merely copying the likenes; right of publicity claim; significant transformative elements; value of work does not derive primarily from celebrity's fame; fair use; parody |
| letter of intent
|
Arnold Palmer Golf Co. v. Fuqua Industries, Inc.; memorandum agreements may create binding contracts; entire document and the relevant circumstances surrounding the adoption of the agreement must be considered; letter of intent. |
| The statute of frauds
|
Cloud Corp. v. Hasbro, Inc.; the statute of frauds does not require that a contract itself be in writing, only that there is adequate documentary evidence of its existence and its essential terms. |
| covenant not to compete
|
Lake Land Employment Group of Akron v. Columber; no new consideration; noncompete agreement; continued employment of an at-will employee is sufficient consideration to support an agreement not to compete; employment at will |
| Arbitration Agreement
|
Washington Mutual Finance Group v. Bailey; illiteracy does not make an arbitration agreement unconscionable |
| extrinsic evidence
|
Interform Co. v. Mitchell; outside evidence; extrinsic evidence will be admitted to show the true intent of the parties to a contract; complete and exclusive statement of the agreement; bill of lading |
| Nelson v. Elway
|
merger clauses bar extrinsic evidence integration clauses preclude the introduction of extrinsic evidence to prove the existence of prior agreements. integration clause |
| W.W.W. Associates, Inc. v. Giancontieri
|
contracts enforced according to clear terms, without use of outside evidence; when the terms of a contract are set out in a clear, complete document, the writing should be enforced according to its terms, lis pendens |
| Jungmann & Co., Inc. v. Atterbury Brothers, Inc.
|
all contractual conditions must be performed before bringing an action for breach a party may not recover on a contract unless that party can show that it has performed all of the conditions required of it. condition precedent condition subsequent |
| Rouse v. United States
|
assumption of another s obligation is also assumption of that person s rights a party who assumes the obligation of another is entitled to raise the same defenses as would have been available to the person whose obligation is assumed. |
| Slattery v. Wells Fargo Armored Service Corp.
|
Pre-existing duty rule; The performance of an existing duty does not amount to the consideration necessary to form a contract. |
| McMahon Food Corp. v. Burger Dairy Co.
|
An accord and satisfaction requires good faith and is a contractual method of discharging a debt; the accord is the agreement; satisfaction is the execution of the agreement. |
| In re the Marriage of Witten
|
Divorcing couples must agree on the use of frozen embryos; agreements entered into at the time of in vitro fertilization are enforceable |
| T.F. v. B.L.
|
Same-sex parents duty to provide child support; no parenthood by contract; agreements attempting to create parental relationships are unenforceable as against public policy. |
| Coppola Enterprises, Inc. v. Alfone
|
Breach of real estate contract for sale of land or building; breachor cannot gain from breach; breachor becomes trustee for original vendee. |
| Egerer v. CSR West, LLC
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hypothetical cover-- buyer recovers from the seller the difference between the contract price and what he would have had to pay for substitute goods if he had bought them at market price at the time of breach; UCC 2-713 |
| Valentine v. General American Credit, Inc.
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Mental distress damages not recoverable by person discharged in breach of an employment agreement; mental anguish damage |
| Kutzin v. Pirnie
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The law abhors forfeitures; Restatement Second of Contracts 374(1); holding all or part of a deposit as a penalty rather than as compensation for injury; buyer is entitled to restitution |
| Mayol v. Weiner Companies, Ltd.
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Objective meaning of contract terms controls; if misunderstanding regarding contractual terms, meaning applied is that of person less at fault for the misunderstanding. |
| Foxco Industries, Ltd. v. Fabric World, Inc.
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Trade group standards are admissible to clarify contracts; the uniform commercial code UCC makes admissible evidence of course of dealing, usage of trade and course of performance to explain or supplement the terms of any writing |
| Wagenseller v. Scottsdale Memorial Hospital
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Wrongful termination; at-will employment doctrine states an employee may be terminated for cause, or even without cause, but not for bad cause |
| Chateau Des Charmes Wines Ltd. v. Sabate USA Inc.
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Statements on international shipping invoices do not alter the original agreement; the United Nations Convention on Contracts for the International Sale of Goods UNCCISG |
| Specht v. Netscape Communications Corp.
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Online agreements must be obvious to user; a consumer's clicking on a download button does not communicate assent to contractual terms if offer did not make clear to the consumer that clicking on download button would signify assent |
| Register.com, Inc. v. Verio, Inc.
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internet contracts do not all require clicking on I Agree; silence or inaction may operate as acceptance of contract terms when an offeree takes the benefit of offered services with a reasonable opportunity to reject |
| Donovan v. RRL Corp.
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Mistakenly advertised prices may not be binding on seller; a mistake of fact is a mistake, not caused by neglect of a legal duty on part of the person making the mistake, consisting of an unconscious ignorance or forgetfulness of material fact |
| Alamance County Board of Education v. Bobby Murray Chevrolet, Inc.
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Doctrine of commercial impracticability is a high standard; performance is not excused unless seller has employed all due measures to assure himself that his source of supply will not fail. |
| Scarpitti v. Weborg
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Restrictive covenants benefit homeowners as third party beneficiaries |
| Clapp v. Orix Credit Alliance, Inc.
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Contractual rights may be assigned, but not contract obligations; exception (1) materially change duties of other party, (2) materially increase burden or risk imposed or (3) materially impair that party's chances of obtaining return performance. |
| Koch v. Construction Technology, Inc.
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Conditions precedent are not favored in contract law so require clear language; pay when paid clauses |
| Oral Promise as Contract Basis
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Hawkins v. McGee; words that constitute a promise may be the basis of a contract. |
| Bayliner Marine Corp. v. Crow
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Statements that do not relate to the particular item purchased, or that merely commend the quality of goods, do not create express warranties. |
| Punitive Damages in Contract
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White v. Benkowski; Punitive damages may not be recovered for breach of contract nominal damages: pecuiniary damages punitive damages. |
| Noncompete Agreement
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Lake Land Employment Group of Akron, LLC v. Columber; continuation of at-will employment relationship is sufficient consideration for the employee's agreement |
| New Contract Terms in Packaging
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Hill v. Gateway 2000, Inc.; terms contained inside a package may become part of the contract; shrink wrap agreement; click wrap. |
| The Statute of Frauds
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C.R. Klewin, Inc. v. Flagship Properties, Inc.; oral contract with indefinite duration is outside of the Statute of Frauds. |
| Statute of Frauds for Sale of Real Property
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Richard v. Richard; oral contract to convey real estate, part performance, possession of the property, making improvements, payment of a substantial part of the purchase price, done in reliance on the agreement. |
| Written Confirmation of Oral Contract
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St. Ansgar Mills, Inc. v. Streit; question of fact of the jury as to reasonableness of time for receipt of written confirmation |
| Central Ceilings, Inc. v. National Amusements, Inc
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Novation; a promise to pay a debt owed by another is not within the Statute of Frauds if the leading object of the promise is to confer some benefit on the promisor. |
| Greenfield v. Philles Records, Inc.
|
extrinsic evidence to interpret a contract or add terms may not be considered if the agreement on its face is reasonably susceptible of only one meaning |
| Extrinsic Evidence on Parties Intent
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Trident Center v. Connecticut General Life Ins. Co; parties intent controls over the written word |
| Parole Evidence
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Colfax Envelope Corp. v. Local No. 458-3M; rescission allowed based on mutual misunderstanding, not ambiguous term. |
| Warranty of Merchantability
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Koken v. Black & Veatch Construction, Inc.; breach of reasonable expectations of an ordinary user or consumer; objective standard. |
| Implied Warranty of Fitness for a Particular Purpose
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Lewis v. Mobil Oil Corporation; buyer relies on the seller expertise in supplying the proper product. |
| Warranty Disclaimers
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South Carolina Electric and Gas Co. v. Combustion Engineering, Inc.; buyers must have notice of warranty disclaimers |
| Actual Damages for Contract Breach
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Doe v. Great Expectations; contract that violates statutory requirements results in actual damage award. |
| Consumer Class Action Lawsuits
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Scott v. Cingular Wireless; consumer protection laws; procedural unconscionability, substantive unconscionability, unconscionable |
| Surrogacy Contracts
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In the Matter of Baby M; surrogate mother agreements; illegal and invalid if involve the payment of money to a woman who irrevocably agrees to bear child and turn it over to another party |
| Equitable Remedy and Specific Performance
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Campbell Soup Co. v. Wentz; uniqueness of goods depends on value to purchaser; subjective standard; not an objective standard. |
| Specific Performance
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Morris v. Sparrow; equity will grant specific performance of a contract for the sale of chattels if there are special and peculiar reasons money damages are inadequate |
| Third Party Beneficiary of a Contract
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Rathke v. Corrections Corporation of America, Inc.; the required intent to benefit that third-party may be manifested by a promise to render performance directly to the third-party |
| Third Party Beneficiaries
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Verni v. Cleveland Chiropractic College; strong presumption contract executed for sole benefit of the parties; terms must directly and clearly express the intent to benefit the third-party; additur. |
| Assignee Rights Same As Assignor
|
Delacy Investments, Inc. v. Thurman & Re/Max Real Estate Guide, Inc. |
| Gratuitous Promises Unenforceable
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Jara v. Suprema Meats, Inc.; without bargained-for exchange, even written agreement unenforceable ; bilateral contract; lack of consideration |
| Unilateral Contract Sufficient Consideration
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Browning v. Johnson; detriment suffered by the promisee at promisor request, and as the price for the promise, is sufficient consideration. |
| Oral Promise to Make a Gift
|
Congregation Kadimah Toras-Moshe v. DeLeo; detrimental reliance or consideration makes enforceable; promisee must act in reliance or unenforceable. |
| Promissory Estoppel
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Blinn v. Beatrice Community Hospital and Health Center, Inc.; promisee reliance on the promise must be reasonable and foreseeable, even if the promisor did not intend to be bound; detrimental reliance; unilateral contract. |
| Statute of Frauds
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Professional Bull Riders, Inc. v. AutoZone, Inc.; contracts must be in writing if technically CANNOT be performed in one year. |
| Statute of Frauds if Part Performance
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Sullivan v. Porter; part performance doctrine gives specific performance if induced by the other party misrepresentations, which may include acquiescence or silence. |
| Damages: Expectancy, Reliance, Restitution
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Glendale Federal Bank, FSB v. United States; if a reasonable probability of damages can be clearly established, uncertainty as to the amount will not preclude recovery, and the court duty is to make a fair and reasonable approximation |
| Implied-In-Fact Contract
|
Wrench, LLC v. Taco Bell Corp.; conversion; misappropriation; unfair competition |
| Start of Performance as Acceptance of Offer
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Scoular Co. v. Denney; Acceptance of a contract offer is defined as words or conduct that, when objectively viewed, manifests an intent to accept the offer; UCC; Uniform Commercial Code |
| Mirror Image Rule
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DTE Energy Technologies, Inc. v. Briggs Electric, Inc.; different terms in an acceptance ordinarily do not become a part of the contract; UCC; Uniform Commercial Code. |
| Gap Filler in Contracts
|
Griffith v. Clear Lakes Trout Co., Inc.; destruction of contracts based on uncertainty; |
| Statute of Frauds Defense
|
168th and Dodge, LP v. Rave Reviews Cinemas, LLC; even implied in fact contrs, implied in law contracts and promissory estoppel claims are subject to the statute of frauds defense |
| Reformation and Mutual Mistake
|
OneBeacon America Insurance Co. v. Travelers Indemnity Company of Illinois; reformation fixes a mistaken writing, not a mistaken agreement; scrivener\'s error |
| Severance of Illegal Provision of Contract
|
Broadley v. Mashpee Neck Marina, Inc.; courts sever illegal contract terms; reformation does not apply; boilerplatej contracts; contracts of adhesion; unconscionable contracts; public policy |
| Assignment of a Legal Malpractice Claim
|
Gurski v. Rosenblum and Filan, LLC; public policy considerations prohibit assigning claim to adversary |
| Merger Clause
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Suburban Leisure Center, Inc. v. AMF Bowling Products, Inc; merger clauses do not impact prior agreements covering different subjects; merger clause, integration clause; parol evidence rule |
| Non-Disclosure Agreement Narrowly Construed
|
ConFold Pacific, Inc. v. Polaris Industries, Inc.; unambiguous contract language must be enforced as it is written; extrinsic evidence |
| Insurance Policy Contract Interpretation
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In re Katrina Canal Breaches Litigation; an insurance policy is a contract between the parties and should be construed using the general rules of contract interpretation; ejusdem generis, expressio unius est exclusio alterius, noscitur a sociis |
| Insurance Coverage Against Terrorist Attacks
|
Omni Berkshire Corp. v. Wells Fargo Bank, N.A; demanding insurance coverage for terrorism is reasonable post-9/11 |
| Non-Conforming Goods, Cure Executory Contract
|
Dynamic Machine Works, Inc. v. Machine & Electrical Consultants, Inc.; buyer may retract extension of time to cure defect unless the retraction unjust due to seller\'s material change of position in reliance on the waiver |
| Change In Law Excuses Contract Performance
|
Centex Corporation v. Dalton; foreseeability; impossibility; impracticability; quantum meruit; non-occurrence a basic assumption |
| Wholesale Value as Measure of Damages
|
Illinois Central R.R. Co. v. Crail; common law remedy for contract damages is wholesale rather than retail value |
| Reliance Damages Calculation
|
L. Albert & Son v. Armstrong Rubber Co. |
| Hadley v. Baxendale Rule
|
Globe Refining Co. v. Landa Cotton Oil Co.; consequential damages for breach of contract are those reasonably supposed to be in the contemplation of the parties at the time the contract is made |
| New Business Rule Damages for Lost Profits
|
MindGames, Inc. v. Western Publishing Co.; the "new business" rule and Hadley v. Baxendale don't say that damages for lost profits are never recoverable |
| Assumpsit on a Quantum Meruit
|
Stark v. Parker; voluntarily quitting a job ahead of schedule may terminate the obligation of payment |
| Contractual Penalties
|
Muldoon v. Lynch; contract damages ought to be compensatory and commensurate with the damages suffered; forfeiture clause; liquidated damages penalty clause |
| Liquidated Damages Clause Not A Penalty
|
Samson Sales, Inc. v. Honeywell, Inc.; liquidated damages are not a penalty when: (1) damages uncertain in amount and difficult to prove; (2) contract as a whole not unconscionable, unreasonable, and disproportionate (3) damages consistent |
| Prohibitory Injunction
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Lumley v. Wagner; specific performance denied; power to order affirmative injunction; enjoin |
| Promissory Estoppel or Bargained-For Exchange
|
Ricketts v. Scothorn; a promise not supported by consideration may be enforceable if induced promisee to rely on it to detriment; estoppel quid pro quo |
| Promissory Estoppel
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First National Bank of Logansport v. Logan Mfg. Co.; reliance damages; promisor who induces substantial change in position by promisee in reliance on promise is estopped to deny enforceability of the promise |
| Carlill v. Carbolic Smoke Ball Co.
|
nundum pactum; unilateral offer; gratuitous offer; firm offer rule; performance of conditions for reward offered in advertisement accepts offer, creating a contract for payment of the reward; |
| Contracts Must Include all Essential Terms
|
Sun Printing & Publishing Association v. Remington Paper and Power Co., Inc.; The court is not at liberty to revise an agreement while attempting to construe it. |
| Contracts Enforced According to Their Terms
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W.W.W. Associates, Inc. v. Giancontieri; if terms of a contract are set out in a clear, complete document, writing enforced according to its terms, without reference to outside evidence regarding what the parties really intended |
| Special Meaning of a Contract Term
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Frigaliment Importing Co. v. B.N.S. International Sales Corp.; the party advocating special meaning for a contractual term has burden of proving that the special meaning was intended by both parties |
| Knock Out Rule and UCC Gap Filler
|
Richardson v. Union Carbide Indus. Gases, Inc.; conflicting contract terms fall out and are replaced to the extent necessary by Uniform Commercial Code gap-filler provisions |
| Laidlaw v. Organ
|
The fact that a party is under no duty to disclose a fact does not excuse that party from making a false disclosure. |
| Surrogacy Contracts Illegal
|
In re Baby M; a surrogacy contract violated state statutes and public policy |
| At Will Employment Termination
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Dore v. Arnold Worldwide, Inc.; at-will employment may be terminated by the employee or employer at any time, with or without cause |
| Unconscionable Contract
|
Williams v. Walker-Thomas Furniture Co; an installment contract that denies the buyer a meaningful choice and contains unfair terms is unenforceable; doctrine of unconscionability |
| Contractual Duty Of Good Faith
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Market Street Associates Ltd. Partnership v. Frey; a contracting party cannot be allowed to use its own breach to gain an advantage by impairing the rights that the contract confers on the other party |
| Breach of Trivial Condition of Contract
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Jacob & Youngs v. Kent; a trivial, innocent omission will not always be a failure of a condition that causes forfeiture of the contract |
| Perfect Tender Rule
|
Printing Center of Texas, Inc. v. Supermind Pub. Co.; a buyer may reject goods that do not conform to the contract in each and every respect. |
| Lumley v. Gye
|
Tortious interference with contractual relations; inducement of breach of contract |
| Tortious Interference With Prospective Economic Advantage
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Della Penna v. Toyota Motor Sales, U.S.A., Inc.; established contracts merit greater protection than potential contracts |
| Consultant's Privilege
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J.D. Edwards & Co. v. Podany; an advisor may offer good-faith advice to a client without fear of liability should the client act on that advice to the harm of a third person. |
| In re Katrina Canal Breaches Litigation
|
Flood exclusions are applied to levee failures in insurance policy agreements |
| Retraction of Extension of Time to Cure Defect
|
Dynamic Machine Works, Inc. v. Machine & Electrical Consultants, Inc.; buyer may retract unless material change of position by seller in reliance on the waiver of time to deliver |
| Commissioner v. Banks
|
damages, including contingent fee amounts, are taxable income to litigants; a taxpayer may not anticipatorily assign the income to avoid tax liability for the income. agent assignment contingent fee ordinary income principal |
| King v. Commissioner
|
noncustodial parents; dependency exemption deduction; lived apart from his child; last six months, receives more than half of his support from his parents during the year; custodial parent signs a written declaration |
| Churchill Downs, Inc. v. Commissioner
|
costs of invitation-only events used to publicize the kentucky derby are entertainment expenses; deductions for activities generally considered entertainment are limited to fifty percent, unless objectively integral to taxpayer business or occupation. |
| Goodridge v. Department of Public Health
|
same-sex partners are entitled to the benefits, liabilities, and obligations of civil marriage a governmental ban on same-sex marriage bars the guarantees of due process and equal protection under the massachusetts constitution. |
| Licari v. Blackwelder
|
real estate brokers must disclose prospective purchasers and not engage in self-dealing as fiduciaries, act in good faith, and disclose all information that is or may be material to their clients rights and interests. |
| Jones v. Lee
|
loss of the bargain rule; when buyers refuse to perform, seller damages are purchase price minus market value of the property at time of breach. compensatory damages, earnest money, punitive damages, rescission, specific performance |
| Kutzin v. Pirnie
|
party in breach is entitled to restitution of any contractual deposit for benefit conferred by part performance or reliance in excess of loss caused by breach. forfeiture clause, liquidated damages, penalty clause, restitution, specific performance |
| Domain Names are Intangible Property
|
Kremen v. Cohen & Network Solutions, Inc.; a domain name registrar may be liable for conversion of a registered name; bailee; bailment; third-party beneficiary; trespass to chattels |
| No Injuction for Emails Sent By Employer Intranet
|
Intel Corp. v. Hamidi; trespass to chattels does not encompass an electronic communication that neither damages the recipient computer nor impairs its functionality |
| Constructive Trust
|
Popov v. Hayashi; Barry Bonds history-making home run baseball sold to satisfy competing fans' claims; legally cognizable pre-possessory interest in abandoned property constitutes a qualified right to possession; cause of action for conversion. |
| Adverse Possession
|
Marengo Cave Co. v. Ross; subterranean use of property not open and notorious; the statute of limitations; actual, visible, notorious, exclusive, continuous, under a claim of ownership hostile to owner of legal title and world at large; quiet title action |
| Riparian Rights
|
Orr v. Mortvedt; neighboring property owners can section off a man-made lake for their own use |
| Eminent Domain
|
Kelo v. City of New London; takings of private property for use by other private citizens pursuant to a carefully considered economic development plan intended for a public purpose are valid under the Fifth Amendment if pay just compensation |
| Tanner v. United States
|
forthcoming |
| United States v. James
|
forthcoming |
| Cox v. State
|
forthcoming |
| State v. Bocharski
|
forthcoming |
| United States v. James
|
forthcoming |
| United States v. Myers
|
forthcoming |
| People v. Collins
|
forthcoming |
| United States v. Jackson
|
forthcoming |
| Old Chief v. United States
|
forthcoming |
| Tuer v. McDonald
|
forthcoming |
| Bankcard America, Inc. v. Universal Bancard Systems, Inc.
|
forthcoming |
| Williams v. McCoy
|
forthcoming |
| United States v. Biaggi
|
forthcoming |
| People v. Zackowitz
|
forthcoming |
| United States v. Trenkler
|
forthcoming |
| United States v. Stevens
|
forthcoming |
| Rex v. Smith
|
forthcoming |
| Huddleston v. United States
|
forthcoming |
| Lannan v. State
|
forthcoming |
| State v. Kirsch
|
forthcoming |
| United States v. Guardia
|
forthcoming |
| United States v. Mound
|
forthcoming |
| Michelson v. United States
|
forthcoming |
| Perrin v. Anderson
|
forthcoming |
| Securities and Exchange Commission v. Towers Financial Corp.
|
forthcoming |
| Halloran v. Virginia Chemicals Inc.
|
forthcoming |
| United States v. Brewer
|
forthcoming |
| United States v. Brackeen
|
forthcoming |
| Luce v. United States
|
forthcoming |
| Ohler v. United States
|
forthcoming |
| People v. Abbot
|
forthcoming |
| State v. Sibley
|
forthcoming |
| State v. Smith
|
forthcoming |
| Olden v. Kentucky
|
forthcoming |
| Boggs v. Collins
|
forthcoming |
| Stephens v. Miller
|
forthcoming |
| United States v. Knox
|
forthcoming |
| Rex v. Raleigh
|
forthcoming |
| Mahlandt v. Wild Canid Survival and Research Center, Inc.
|
forthcoming |
| Bourjaily v. United States
|
forthcoming |
| United States v. Barrett
|
forthcoming |
| United States v. Ince
|
forthcoming |
| Fletcher v. Weir
|
forthcoming |
| Tome v. United States
|
forthcoming |
| Commonwealth v. Weichell
|
forthcoming |
| United States v. Owens
|
forthcoming |
| United States v. DiNapoli
|
forthcoming |
| Lloyd v. American Export Lines, Inc.
|
forthcoming |
| Williamson v. United States
|
forthcoming |
| Shepard v. United States
|
forthcoming |
| United States v. Houlihan
|
forthcoming |
| Mutual Life Insurance Co. v. Hillmon
|
forthcoming |
| United States v. Iron Shell
|
forthcoming |
| Johnson v. State
|
forthcoming |
| Palmer v. Hoffman
|
forthcoming |
| United States v. Vigneau
|
forthcoming |
| Beech Aircraft Corporation v. Rainey
|
forthcoming |
| Dallas County v. Commercial Union Assurance Company
|
forthcoming |
| United States v. Laster
|
forthcoming |
| Mattox v. United States
|
forthcoming |
| Idaho v. Wright
|
forthcoming |
| White v. Illinois
|
forthcoming |
| Lilly v. Virginia
|
forthcoming |
| Bruton v. United States
|
forthcoming |
| Cruz v. New York
|
forthcoming |
| Gray v. Maryland
|
forthcoming |
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