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Judge Rejects JetBlue's 'Overly Restrictive Interpretation' Claim on Mechanics' Maintenance Logs
"JetBlue argues that because JetBlue's manual contains a § 121.709(e) authorization, the AMM [Aircraft Maintenance Manual] reference provision is inapplicable. ... JetBlue would have the court interpret § 121.709(e) as exempting JetBlue from following its own procedures. But FARs do not negate compliant rules air carriers place on themselves via their maintenance manuals. In fact, 14 C.F.R. § 121.709(b)(1) explicitly states that aircraft maintenance logs must 'be prepared in accordance with the carrier's maintenance manual,'" U.S. District Judge Indira Talwani wrote.
Judge OKs Personal Injury Suit Over Burger King's 'Impossible Whopper' Allegedly Embedded With Glass
"IFI takes issue with the fact that Howard pleads that either IFI or Nashville Quality, LLC were responsible for the accident or sabotage that resulted in glass in her food. IFI argues that '[b]ecause the allegations concede it is just as probable that the damages were caused by someone other than IFI and further fails to identify what IFI did or failed to do to cause the damages, the Complaint fails to state a plausible claim for relief.' ... This is wrong," District Judge Thomas T. Cullen for the Western District of Virginia wrote. "IFI conflates Howard's burden of proof with the pleading requirements.
Are Courtroom Persuasion Techniques Unethical?
"Primacy" is a far cry from "tribalistic arguments" (or the cigar trick) and there is strong reason to treat the two as radically different and as not both being barred from the courtroom by "law and rules."
A Family Bakery and Big Law Collide in Miami Over 444-Page Complaint
"I believe we have seen, and will continue to see, an uptick of litigation over commercial tenant evictions based on the governmental recertification process," attorney David I. Rosenblatt said.
'A Dagger at the Heart'?: Lawyer Says Ex-Delaware Auditor Needs New Trial Because of Judge's Remark
The charges brought against McGuiness centered on her hiring her daughter and structuring payments to a contractor in a way that avoided financial oversight.
Law Journal Press | Digital Book
Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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Expert Protocol to Test for Stoned Driving Gets Supreme Court Approval on 5-2 Vote
"We are unpersuaded by the public defender's argument that the protocol is unreliable because two DREs applying it to the same driver can reach different opinions. Such potential differences of opinion do not necessarily make a diagnostic standard unsound," Judge Jack Sabatino, temporarily assigned, wrote for the court.
'There's No Better Training Than In-Person Training': How 3 Phila. Firms Mold Future Litigators
While a majority of general training is conducted virtually, in-person mock trial activities are a common thread between the training regimens at Duane Morris, Fox Rothschild, and Blank Rome.
Section 1983 Fabricated Evidence Claims—Focus on 'Barnes v. City of New York'
Police fabrication of evidence gives rise to a steady stream of §1983 fabrication of evidence claims, which frequently raise important, difficult legal issues. The recent decision in 'Barnes v. City of New York' illustrates some of the complications that can arise.
Judges, Lawyers Brace for Expert Evidence Rule Changes
An amendment to Federal Rule of Evidence 702 is set to take effect on Dec. 1, after years of discussion from the Judicial Conference Committee on Rules of Practice.TRENDING STORIES
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