Legal Research

Selections from National Law Journal Daily Headlines February 2, 2009

By David Badertscher, PLL

Source: NLJ.com, February 2, 2009.

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'Secret' life insurance triggers suits
"So-called "dead peasant" policies ? secret life insurance policies taken out on unwitting employees ? have ignited a forest fire of litigation that won't die down. Since emerging several years ago, they have landed numerous employers in court, accused of profiting off the deaths of rank-and-file employees. More recently, the insurance industry and banks have been dragged into the legal morass, both accused of illegally benefiting off these policies, formally known as corporate-owned life insurance policies."

Push for judicial pay hikes falters
"After years of aggressively lobbying for raises in their salaries, chief justices and court administrators in five states are backing off as unprecedented budget cuts have forced judges to accept pay freezes."

Kentucky suit has Web world in tizzy
"In a bid to combat online casinos, the state of Kentucky has attempted to halt Internet gambling by seizing 141 domain names whose owners are located primarily out of state or overseas. Kentucky, which prohibits online gambling, persuaded a state trial judge that the domain names were illegal gambling devices under state law, and the judge issued the forfeiture order to registrars of the domain names. "

IN-HOUSE  |  Arbitration rules may up legal costs
"Lawyers predict that new Financial Industry Regulatory Authority (FINRA) arbitration rules that sharply restrict when firms facing claims can file dismissal motions will drive up legal costs for financial companies defending employment and investor claims."

A small firm's rare story of growth
"The outlook is good for Denver firm Fairfield and Woods. The 42-lawyer shop is slowly growing at a time when many others are shedding lawyers, and business held steady in 2008, despite the fact that other firms saw a falloff. Managing partner Caroline Fuller credits the firm's diversification in its three core practice areas of real estate, litigation and corporate work."

SELECTED COLUMNS

EXPERT WITNESS  |  Diagnosis Versus Etiology
The distinction between general and specific expert opinions in the context of tort cases in which a plaintiff's attorney proffers opinions about general as well as specific causation begins by identifying four key types of foundational evidence.

BANKRUPTCY LAW  |  Consignment Agreements
It is more important than ever for vendors who believe they have consignment arrangements with their customers and for debtors in the possession of goods, presumably on consignment, to examine such arrangements and determine whether the vendors have rights to the goods and their proceeds that are superior to the rights of a debtor's estate and its creditors.

Full post as published by New York Supreme Court Criminal Term Library on February 02, 2009 (boomark / email).