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Author Archives: Pat Murphy

Judge blasts Mississippi’s cap on damages

A federal judge expressed his frustration with Mississippi’s cap on noneconomic damages when earlier this month he trimmed $4.45 million from a medical malpractice verdict compensating a family for the loss of a young mother and her unborn child.

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Firm not liable for failing to reveal partner’s alcoholism

The court decided that the firm had no liability because the evidence presented at trial demonstrated that the partner’s alcoholism and arrest history did not adversely affect the quality of the firm’s representation.

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Privacy ruling by U.S. Supreme Court forces lawyers to handle DMV data with care

The court ruled in Maracich v. Spears that the litigation exception to the federal Driver’s Privacy Protection Act (DPPA) does not allow attorneys to obtain personal information of drivers for the “predominant purpose” of soliciting new clients.

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EA Sports ruling a game-changer for NCAA athletes

The 3rd U.S. Circuit Court of Appeals decided May 21 that the First Amendment does not bar the lawsuit of a former Rutgers quarterback who claims that EA Sports used his likeness without permission in the immensely popular “NCAA Football” series of video games.

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Wife can’t recover life insurance for husband’s ex

The U.S. Supreme Court has ruled that a divorced Virginia woman could not be forced to surrender the proceeds of a federal employee life insurance policy that she received as her ex-husband’s named beneficiary.

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8th Circuit allows cellphone, GPS evidence

Federal prosecutors could introduce cellphone and Global Positioning System evidence linking a defendant to a bank robbery, the 8th U.S. Circuit Court of Appeals has ruled in affirming a conviction.

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Supreme Court rules death row inmate may seek relief

The U.S. Supreme Court has ruled that a procedural default in state court did not bar a Texas death row inmate from seeking relief in federal court based on the assertion that he was denied the effective assistance of counsel at sentencing.

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