Legal Challenge to Teacher English Fluency Requirement: The Robishaw Case
The Supreme Judicial Court of Massachusetts is currently reviewing a significant case concerning teacher English fluency requirements following a dismissal from the Lowell school system. The case, Robishaw v. Lowell School Committee, involves Phanna Rem Robishaw, a native of Cambodia initially hired to teach in bilingual programs. Background of the Dispute For several years, Ms. […]
The New York Times’s Delayed Coverage of the Consumer Product Safety Improvement Act
The Consumer Product Safety Improvement Act of 2008 (CPSIA) has been a subject of widespread discussion and controversy since its enactment. A recent article appearing in the business section of Saturday’s New York Times finally addresses some of the law’s significant implications. The piece itself offers a competent overview of the issues, beginning with the […]
The Role of Legal Blogs in Promoting Professional Accountability
Legal commentary published through blogs has emerged as a significant new mechanism for scrutinizing the conduct of legal professionals and the positions taken in litigation. Venkat Balasubramani, writing for the blog Spam Notes, authored an insightful guest column on the AvvoBlog arguing that blog coverage functions as a modern check on the potential for overzealous […]
Procedural Nuances in a Product Liability Case: Analyzing Federal Removal Jurisdiction in Moltner v. Starbucks Coffee Co.
In the realm of product liability, cases involving spilled hot beverages frequently draw comparisons to the landmark McDonald’s hot coffee case (also known as the Liebeck case). A recent matter filed in Manhattan illustrates a similar scenario, alongside an interesting procedural quirk concerning federal removal jurisdiction. The plaintiff, 77-year-old Rachel Moltner, alleged that she suffered […]
Coaching Liability and Athlete Injuries: A Legal Analysis
The scenario of an injured athlete being pressured by a coach to return to play is a dramatic staple, but it also raises significant questions regarding legal liability in sports. In the realm of amateur and school athletics, the legal duty of care is clearer. As noted by Professor Timothy Davis of Wake Forest Law, […]
Rethinking Professional Advertising: The Role of Novelty in Legal Marketing
This piece addresses the use of unusual or sensational imagery in legal advertising and its potential impact on professional respectability, following a widely publicized example involving a prominent law firm. The Spectacle of Legal Marketing Recently, a law firm’s advertising campaign garnered national attention, including a feature on Stephen Colbert’s ThreatDown, for its incorporation of […]
The Cumulative Cost of Inaccuracy: Class Action Litigation Over A Million Little Pieces
For $\$800,000$, one might acquire a modest home, thousands of consumer electronics, or several thousand hours of legal work. This figure took center stage in a high-profile class action settlement stemming from the book $A$ $Million$ $Little$ $Pieces$. In January 2006, The Smoking Gun revealed that James Frey’s supposedly non-fiction memoir contained significant inaccuracies and […]
Gross v. Industrial Commission of Ohio: A Study in Hard Facts and Legal Precedent
The Ohio Supreme Court case of Gross v. Industrial Commission of Ohio presents a compelling example of the maxim that “hard facts make bad law.” While the initial commentary surrounding the case noted the unique circumstances of the plaintiff, the ruling’s outcome raises questions regarding the application of established legal principles in the face of […]
Litigation Spotlight: Lawsuit Challenges KFC’s Frying Oil Practices
The Complaint Against Kentucky Fried Chicken A consumer advocacy group and a retired physician have initiated legal action against Kentucky Fried Chicken (KFC), alleging that the quick-service restaurant chain utilizes cooking methods that pose health concerns to the public. The Center for Science in the Public Interest (CSPI), a consumer organization, and Dr. Arthur Hoyte, […]
Navigating the Ethical Minefield: Declining Clients Who Pose a Risk to Professionalism
A common dilemma encountered by many trial attorneys, particularly during “the periodic lull in cases of merit,” is the temptation to accept a client whose motivations may be driven by vengeance, delusion, or emotional disturbance, rather than a sound legal basis. This observation was notably articulated by Norm Pattis at Crime and Federalism (Nov. 21). […]