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Baker Hostetler Partners Take Up States' Challenge of Health Care Overhaul

The National Law Journal

Baker Hostetler partners David Rivkin Jr. and Lee Casey have signed on as outside counsel to several state attorneys general who want the national health care legislation overturned in court. A lawsuit is expected to be filed in federal court as soon as President Barack Obama signs the legislation today. The litigation is the initial wave of what is expected to be a long series of lawsuits challenging various pieces of the overhaul, which won final congressional approval Sunday.

Court's Google Search Did Not Violate Evidence Rules, 2nd Circuit Says

New York Law Journal

A judge whose chambers surfed the Internet to survey rain hats available to consumers while evaluating the evidence in a case before him did not violate federal rules, an appellate court has found. Judge Denny Chin's use of the Web was merely the electronic equivalent of what a judge in an earlier era would have done: Go to a local department store to confirm in person the "common-sense" belief that a variety of yellow rain hats, like that worn by a bank robber, can be purchased, the 2nd Circuit ruled Monday.

Federal Judge Orders $4.7 Million in Restitution in Telemarketing Case

The Legal Intelligencer

A Pennsylvania federal judge has shut down a telemarketing operation and ordered more than $4.7 million in restitution to consumers. FTC lawyers argued that Magazine Solutions engaged in a nationwide scam promising valuable coupons to young mothers, who were instead being lured into buying subscriptions. Instead of receiving $1,000 worth of coupons, the suit said, the consumers were typically saddled with monthly payments that added up to more than $770.

Over an Alito Dissent, High Court Denies Review in School Band Case

The National Law Journal

The Supreme Court on Monday denied review of a controversial 9th Circuit ruling that nixed the performance of a religious instrumental piece by a public high school band in Washington state. Justice Samuel Alito Jr. dissented from the denial of review, voicing concerns about the suppression of student expression. "School administrators may not behave like puppetmasters who create the illusion that students are engaging in personal expression when in fact the school administration is pulling the strings," Alito wrote.

Supreme Court to Rule on Prosecutorial Immunity

The National Law Journal

The Supreme Court agreed on Monday to rule on a Louisiana dispute that could be an important test of prosecutorial immunity in a death penalty case. The justices will hear an appeal of the 5th Circuit's ruling in Connick v. Thompson, which affirmed a lower court verdict that awarded accused murderer John Thompson $14 million for the district attorney's failure to train its lawyers about so-called Brady violations, a failure that led to his wrongful conviction and death sentence in 1985.

Ga. Supreme Court Kills Caps on Med-Mal Awards

Fulton County Daily Report

By a 7-0 vote, Georgia's Supreme Court struck down the state's caps on pain and suffering damages in medical malpractice cases Monday. "The very existence of the caps, in any amount, is violative of the right to trial by jury," Chief Justice Carol Hunstein wrote in her opinion for the court. The ruling was the climax of legal fights over a 2005 tort reform package. The caps, which generally limit non-economic damages to $350,000 in a case against a single med-mal defendant, were the most controversial part of the reforms.

Pepe & Hazard to Merge With McElroy Deutsch

The National Law Journal

East Coast law firms Pepe & Hazard and McElroy, Deutsch, Mulvaney & Carpenter have announced plans to merge and form a nearly 300-lawyer firm. Hartford, Conn.-based Pepe & Hazard and Morristown, N.J.-based McElroy, Deutsch, Mulvaney & Carpenter plan to combine during the second quarter and take on McElroy's name. The new firm will have nine offices running from Boston to Philadelphia on the Northeast corridor, plus a Denver outpost.

Texas Appeals Court Upholds Solo's Conviction Over Sex Shakedowns

Texas Lawyer

A Texas appeals court has upheld the conviction of a San Antonio solo who had sexual liaisons with four men whom her then-husband, also an attorney, threatened with litigation unless they compensated him for emotional distress. The court found no merit in Mary S. Roberts' argument that the evidence is insufficient to support the verdict against her. The court also disagreed with her argument that her conviction should be reversed because the evidence proved she did not believe her conduct was illegal.

Attorney Wins Empathy but Not Fees

Fulton County Daily Report

A federal judge has rejected a request to reconsider if the government must reimburse a Columbus, Ga., attorney for the legal fees he paid to win his acquittal on money laundering charges. But U.S. District Judge Clay D. Land said he understands the frustration that led defense attorney J. Mark Shelnutt to make the request. "Even the slightest empathy produces a sense of unfairness; but subjective fairness cannot guide the Court," Land wrote.

High Court to Weigh Citizenship Rule That Varies by Sex

The Associated Press

The Supreme Court agreed to consider a curious corner of immigration law that applies to children born outside the U.S. to one parent who is American and one who is not. Ruben Flores-Villar argues the law unfairly discriminates on the basis of gender, saying the fact that his father is an American and his mother is not complicated his attempts to acquire citizenship and avoid criminal charges for being in the country illegally. The law makes it easier for children whose mothers are citizens to become citizens themselves.

Rights Groups Ask N.J. Supreme Court for Gay Marriage Fiat

New Jersey Law Journal

Citing the New Jersey Legislature's failure in the last session to enact a same-sex marriage law, a coalition of gay rights groups is asking the state Supreme Court to issue its own mandate. The Lambda Legal Defense and Education Fund filed a motion last week saying the Legislature did not adhere to the court's 2006 order to grant same-sex couples the same rights as married heterosexual ones. The Legislature created civil unions, but the plaintiffs argue that they still encounter discrimination and do not have equal rights.

The Electronic Turn in Criminal Subpoenas

New York Law Journal

The need to control EDD costs is as significant in criminal law as it is in civil law but the issue has escaped attention because defense lawyers are reluctant to challenge prosecutors, say Pillsbury Winthrop attorneys Mark Hellerer, Daniel Margolis, Wayne C. Matus, and Sandra Barragan.

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Survey of Large Texas Firms Shows Dramatic Drop in Lateral Moves

Texas Lawyer

Large Texas firms hired 43.1 percent fewer lateral attorneys in 2009 than they did during 2008, according to Texas Lawyer's annual Lateral Moves Survey. The most lateral hiring occurred in litigation, bankruptcy and reorganization, intellectual property and energy.

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