Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Condo Adviser 2. Family LLB 3. Vancouver Immigration Law Blog 4. BC Injury Law Blog 5. First Reference Condo Adviser Must Condos Making Renovations Implement Accessibility Measures? Stayin...
Tags: Monday’s Mix

Monday round-up

This morning the court begins the second week of the March sitting with two oral arguments. First up is PDR Network, LLC v. Carlton & Harris Chiropractic Inc., which asks whether the Hobbs Act, a jurisdictional-channeling statute, requires courts to accept the Federal Communications Commission’s interpretation of a statute allowing recipients of “junk faxes” to sue the senders for damages. Christopher Walker previewed the case for this blog. Luís Lozada and Isaac Syed have a preview at Cornell L...
Tags: Round-up

Trump's tweets this morning — upbeat and circumspect.

The morning, so far (click to enlarge and clarify):He retweets his 2 tweets from yesterday morning, putting the delightful "Good Morning, Have A Great Day!" at the top. The other one is, "MAKE AMERICA GREAT AGAIN."He retweets his short and sweet reaction to Barr's letter, "No Collusion, No Obstruction, Complete and Total EXONERATION. KEEP AMERICA GREAT!"Then there's a quote from Brett Baier: "'No matter your ideologies or your loyalties, this is a good day for America. No American conspired to c...
Tags: Bret Baier, Mueller, Trump rhetoric

Prison: Can My Fiance Be Released Early from Her Projected Release Date

My question involves criminal law for the state of: IN my fiance has a prison sentence of 16 months her PRD is 12/19 can she be released before then?
Tags: Probation, Parole and Incarceration

Time to Update Your Virginia Mechanic’s Lien Forms (July 1, 2019)

In a few of my recent posts here at Construction Law Musings, I’ve discussed a few bills that were considered and/or passed in the General Assembly this year.  One of the bills is one close to my heart and a subject much discussed here, namely mechanic’s liens. passed both houses of the General Assembly and has been signed by the Governor.  This bill reconciled the language found in Virginia Code Sec. 43-4 with the various forms for general contractor, subcontractor and sub-subcontractor/sup...
Tags: Construction, Construction Law, Mechanic's Liens, Construction Attorney, General Assembly, Virginia Construction Mediator, Virginia Mechanic's Lien

Summaries Sunday: SOQUIJ

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec. TRAVAIL : Le salarié ne peut poursuivre son syndicat en dommages-intérêts pour manquement au devoir de représentation devant le tribunal de droit commun; rien ne permet de s’écarter du principe s...
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This week at the court

The Supreme Court will release orders from the March 22 conference on Monday at 9:30 a.m.; John Elwood’s Relist Watch compiles the petitions that were relisted for this conference. There is a possibility of opinions on Tuesday and Wednesday. On Monday, the justices hear oral argument in PDR Network, LLC v. Carlton & Harris Chiropractic Inc. and The Dutra Group v. Batterton. On Tuesday, the justices hear oral argument in Rucho v. Common Cause and Lamone v. Benisek. On Wednesday, the justices hear...
Tags: This Week at the Court

Justices turn down mystery corporation in grand-jury dispute

Yesterday Attorney General William Barr sent a summary of the report by Special Counsel Robert Mueller to Congress. Today, the Supreme Court released orders from the justices’ private conference last week and turned down a petition that asked the justices to review a ruling by a lower court holding an unnamed foreign corporation in contempt for failing to provide information requested by a subpoena related to the Mueller investigation. The corporation, which is owned by an unidentified foreign c...
Tags: Featured, What's Happening Now

Property Rights: Does a Non-Compliance to the MSA (Marital Settlement Agreement) Make It Null and Void

My question involves marriage law for the State of: California. An MSA (marital settlement agreement) was signed in 2014 which I agreed to give my ex-spouse 5 years to remove my name from the existing loans for our primary residence and a rental property. He remains and lives in the primary residence and still leases the rental. He agreed to make annual attempts to refinance or assume the mortgages on both the properties and hold me harmless for any taxes, penalties, maintenance, repairs, etc.....
Tags: Marriage, Cohabitation and Civil Unions

Class action roundup

Supreme Court remands Frank v. Gaos to lower court on standing issue, thus sidestepping cy pres question; dissenting from per curiam ruling, Justice Clarence Thomas writes that cy pres payments are “not a form of relief to the absent class members and should not be treated as such (including when calculating attorney’s fees)” [opinion; Ronald Mann, SCOTUSBlog] New Manhattan Institute report details problems with cy pres, including its use to support ideologically fraught groups and those advan...
Tags: Uncategorized, Class Action Fairness Act, Class Action Settlements, Class Actions, Cy Pres, Department of Justice

Speeding Tickets: Must I Pay Speeding Ticket Issued in Private Property

My question involves a traffic ticket from the state of: California I made a delivery in a company truck in a gated residential community that they call a country club last week. I was so tired and I may have let the truck to roll faster downhill than intended, a "public safety officer" gave me a citation for speeding 10 miles/hour more than the speed limit. I was so tired and didn't think and gave him my driver license when he asked for it, then he told me that this citation didn't affect my ...
Tags: Moving Violations, Parking and Traffic Tickets

Austin’s Cerity Joins Growing Cohort of Insurance Tech Startups

Austin—Even the most staid of industries can use a boost from technology.Case in point: Cerity, an Austin, TX-based insurance tech startup founded last year says it’s developing software that uses artificial intelligence to match worker’s compensation policies to small businesses that otherwise wouldn’t get them. “It’s hard to get, complex to understand, and cost prohibitive,” says Tracey Berg, Cerity’s president.Because of that, small businesses—especially “micro-sized” ones that employ 10 peo...
Tags: National blog main, National top stories, Texas, Texas blog main, Texas top stories, AI, Artificial Intelligence, Aspect Ventures, Austin, Cerity, Data Analytics, Elefund, Employers Holding, Exobyte, Funding, Gig Economy

Reverse Morgage After Death

My question involves estate proceedings in the state of: Wisc. Can anyone explain to me exactly what happens to the home of a deceased person that has a reversed mortgage on the home. I thought we were originally told that if the house was going to be sold after death that we (the children) would have ONE year to sell the property as long as we notified the mortgage Co. of our intentions. We were told that we had to stay in contact with the mortgage Co. and could be given 90 day extensions up to...
Tags: Estate Planning, Administration and Probate

Innovating for the Power… and the Sex

Today’s Guest Post is from Shashi Kara, my partner in Sente Advisors. – RPM This article about companies not getting the value from innovation that they were expecting, got me thinking. How do we know if an innovation is valuable?  I would argue that the value in innovation isn’t in a specific innovative product or process, but the knowledge gained over time as the flow of innovation leads to new learning and further iterations. Apple G4 Cube In July of 2000, one month after I started workin...
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How any good news for Trump will be reported — the rule is quite clear.

I'm seeing 2 big examples of how the media are reporting good news for Trump this weekend. It's really embarrassing for them because the 2 stories are very big and very good for Trump and, in both, the same move is made to turn it into something negative and ominous.1. The Mueller investigation has concluded, and though we can't read it yet, we know that it means that there will be no charges against Trump or any of his people that have to do with colluding with Russians to affect the election. ...
Tags: Headlines, ISIS, Journalism, Mueller, Nyt, Torture, Trump derangement syndrome, WaPo

Summaries Sunday: OnPoint Legal Research

One Sunday each month OnPoint Legal Research provides Slaw with an extended summary of, and counsel’s commentary on, an important case from the British Columbia, Alberta, or Ontario court of appeal. Envirocon Environmental Services, ULC v. Suen, 2019 BCCA 46 AREAS OF LAW: Human rights law; Adverse effect discrimination; Judicial review; Standard of review ~It is not adverse effect discrimination for an employer to require an employee to be away from his family for work, where the employee has ...
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Watch Seder-Masochism, Nina Paley’s Animated, Feminist Take on the Passover Holiday: It’s Free and in the Public Domain

Seder-Masochism, copyright abolitionist Nina Paley’s latest animated release, is guaranteed to ruffle feathers in certain quarters, though the last laugh belongs to this trickster artist, who shares writing credit with ”God, Moses or a series of patriarchal males, depending on who you ask.” Bypassing a commercial release in favor of the public domain goes a long way toward inoculating the film and its creator against expensive rights issues that could arise from the star-studded soundtrack....
Tags: Animation, Gender, Law, Religion

Simplify Wikipedia Jibberish

My question involves criminal law for the state of: Iowa How many jurors must find for conviction for a criminal trial case? Wikipedia uses jargon, mumbo jumbo and doesn't seem to have an answer. A simple, statutory number requirement is greatly appreciated.
Tags: Criminal Procedure

Trapped Squirrel Causing Electrical Arc Equals No Coverage

    The Supreme Court of Iowa agreed the city had no coverage for damage to its property after a squirrel triggered an electrical arc.  City of W. Liberty v. Employers Mut. Cas. Co. , 2019 Iowa Sup. LEXIS 6 (Feb. 1, 2019).      A squirrel climbed on to an electrical transformer at West Liberty's power plant. While touching a ground steel frame, the squirrel came into contact with a bare cable clamp that carried 7200 volts of electricity. This contact created a conductive path between the clamp a...
Tags: All-Risk Policy, First Party Insurance, Tred Eyerly

International Arbitration and Disputes Partner [Sponsored]

AmLaw 200 firm is on a search for an international arbitration and disputes partner.
Tags: Asia Chronicles, Sponsored Content, Asia, Kinney Recruiting, New York, Paris, Washington D.C

"Stories have been coming out for some time now hinting Mueller’s final report might leave audiences 'disappointed,' as if a President not being a foreign spy could somehow be bad news."

"Openly using such language has, all along, been an indictment. Imagine how tone-deaf you’d have to be to not realize it makes you look bad, when news does not match audience expectations you raised.... The story hyped from the start was espionage: a secret relationship between the Trump campaign and Russian spooks who’d helped him win the election.... It was literal spying, treason, and election-fixing – crimes so severe, former NSA employee John Schindler told reporters, Trump 'will die in jai...
Tags: Journalism, Matt Taibbi, Mueller, Trump derangement syndrome, Trump troubles

Suspension and Revocation: License Suspension Due to Suspended Registration

My question involves a driver's license issued by the State of: NY Hello. This question is for an acquaintance so I hope I have all the details correct. He is a NY resident and was pulled over in PA for having a suspended registration. The insurance on the vehicle he was operating had lapsed for two days in February, 2019. He paid the premium on it two days late. NY suspended the registration due to the lapse. He stated he never received a suspension notice. He was pulled over and cited o...
Tags: Driver's Licenses

DUI Suspension

My question involves a driver's license issued by the State of: WV I am attempting to get my license back. Jumping through hoops it seems. I was informed I would have to have a breath monitoring system, installed. Is there a standard fee charged for this apparatus? I have not yet reached that stage, but would like to know ball park figure, have other hoops to jump through. Was told before I could get my operators I would need to pay outstanding fines. So that hoop I have went through, pay...
Tags: Driver's Licenses

I'm avoiding reading the many pundits who seem to be straining to resist the reality of the Mueller report.

I read. I don't watch the news on TV. But if I wanted to laugh at these people in their ludicrous scrambling for dignity and a way to keep hating on Trump, I'd watch it on TV. I'd do what you can see Scott Adams doing in this video, watch them on TV and laugh at them. Look at their faces! They're so unhappy! But — maybe a bit like Trump himself, with his cheerful simple tweets this morning — I don't want to get bogged down in their dismal, entropic experience. It's too time-consuming. I watched ...
Tags: Fake News, Greenwald, Journalism, Language, Matt Taibbi, Mueller, Paul Farhi, Scott Adams, Trump troubles, TV, Unread Books, William Barr

HS2’s friends in the north should take a closer look | Letters

Prof Paul Salveson supports high-speed rail but does not believe the scheme represents value for money, Andrew Pendleton says it will deepen the existing regional divide, while John O’Dwyer thinks it is the wrong business modelAs a contributor to the New Economics Foundation report (Scrap HS2 and pour £56bn into regions, says thinktank, 20 March) and someone who has lived and worked all his life in the north, I think the response from some of the northern city leaders to the report is misplaced ...
Tags: HS2, Rail transport, North of England, Politics, Conservatives, Money, Network Rail, Inequality, Poverty, Society, Concorde, Boeing, UK news

Michael Avenatti Charged With… A Whole Bunch Of Stuff Out Of Multiple USAOs

One of these cases seems a lot more troublesome for him than the other.
Tags: Crime, Boies Schiller, Mark Geragos, Michael Avenatti

The justice and only justice of removing "Justice, and only justice, you shall pursue" from the courthouse wall.

The words are from the Bible — Deuteronomy 16:20 — and they appear on a plaque under the name of the circuit attorney of St. Louis, Missouri. The demand to take down the plaque, on the theory that it violates the Establishment Clause, comes from The Freedom From Religion Foundation, Christian News reports.“We write to request that this sign be removed, both because it represents a government endorsement of religion in violation of the First Amendment, and because it advocates a form of ‘justice’...
Tags: Establishment Clause, Freedom From Religion, Testicles

"We don't agree on all issues; I consider myself a political independent, while he's a solid Democrat."

"But I've spent hours and hours having civil discussions of politics and policy with him, not on social media but in person, one on one. For years, we worked closely together on a monthly student publication in high school. So I wasn't surprised in 2014 when I heard Howard Dean, the former head of the Democratic National Committee, say during a TV appearance with him: 'I happen to know Ben, and he's one of the smartest people under 35 in the entire country.' (He's now 38.) If you know Ben, you k...
Tags: Ben Wikler, Democratic Party, Jaltcoh, Wisconsin

Pretrial Motions: Do D.a's Subpoena People They Haven't Spoken Too

My question involves criminal law for the state of: ok I sent an email back in January to the county court clerk concerning a domestic violence case involving an ex. The court is located 100 miles away from where I live. I asked to remain anonymous and described some of the things he had done 20yrs ago. I have never heard back from them, which was exactly what I wanted. However, just recently, I looked it up online, and noticed subpoenas had been issued on March 18. One of the subpoenas did...
Tags: Criminal Procedure

"Iowa 2020: Biden and Sanders neck and neck in Democratic Field, Mayor Pete jumps to double digits."

It's Emerson’s second poll of the Iowa caucus.... former Vice President Joe Biden narrowly leads the Democratic field with 25%, followed by Vermont Senator Bernie Sanders at 24%. Mayor Pete Buttigieg of South Bend, Indiana has surged to 11%. Senator Kamala Harris of California follows with 10% - the only other candidate to clear double digits in Iowa....Buttigieg was at 0% in the previous Emerson poll, in January.Sanders maintains a lead among 18-29 year olds with 44%, followed by Buttigieg with...
Tags: 2020 Campaign, Kamala Harris, Names, Pete Buttigieg