The Latest Word on Unjust Enrichment

This is an important decision for everyone who comes across equitable relief in their practice. In March 2017 a divided panel of the Ontario Court of Appeal in Moore v. Sweet overturned a finding of unjust enrichment on the ground there was a “juristic reason” for the enrichment. The decision was appealed. On 23 November 2018 the Supreme Court of Canada, splitting 6-2, applying precisely the same legal test, found there was there was no “juristic reason” for the enrichment, and restored the unju...
Tags: Sweet, Law, Ontario, Lawrence, Moore, Supreme Court of Canada, Garland, SCC, Practice Of Law, ONCA, Substantive Law, Michelle Moore, Ontario Court of Appeal in Moore, Risa Sweet, Ms Sweet

City Of Toledo Will Only Purchase Firearms From “Responsible” Gun Companies

Buckeye Firearms: Earlier this month, the City of Toledo announced a new policy that says it will only purchase firearms from “responsible” gun companies. In order to determine which companies are “responsible,” city officials say they will ask six questions of manufacturers: Those questions are: Do you manufacture assault weapons for civilian use? Do you sell assault weapons for civilian use? Which firearms does your company agree to not sell to civilians? Do you require your dealers to conduc...
Tags: Police, Military, Gun Control, Toledo, Don, Wade Kapszukiewicz

Division of Assets: Husband is Coming Home to "Chat" About Our Next Steps

This is in Texas. My husband has emotionally cheated once, then I found a message of him asking a girl to come over at 1am to the place he was staying. (He wanted time to think about our marriage.) I have not cheated or abused. He also been abusive once in a while. I came into our current 7 year, 4 month marriage with a six figure inheritance. I have not been able to work our entire marriage, but he said it wasnt a big deal because he had a decent job. I am hearing different things from m...
Tags: Texas, Law, Divorce, Annulment and Separation

FIRST STEP Act, already compromised to cater to tough-on-crime crowd, may be watered down further for Senate vote

The Washington Post is reporting in this new article, headlined "Senate Republicans mull changes to controversial criminal justice bill," that there is talk of further gutting the few sentencing reform provisions in the latest version of the FIRST STEP Act and creating still further prison reform carve outs.  Here are the details: Senate Republicans are actively discussing changes to a controversial overhaul of the criminal justice system in a bid to win more GOP support that could nonetheless ...
Tags: Utah, Texas, Mississippi, Law, Washington Post, Senate, White House, US, Georgia, Gop, House, House Of Representatives, Mitch McConnell, North Carolina, Perdue, Trump

At the Monday Night Café...

... you can talk about whatever you want.And may I point you to the Althouse Portal to Amazon — where you can get just about anything you need to buy? [Author: [email protected] (Ann Althouse)]
Tags: Amazon, Law, Ann Althouse, Althouse Portal

China orders inquiry into 'world's first gene-edited babies'

As experts cast doubt on supposed breakthrough, China’s National Health Commission orders an ‘immediate investigation’Beijing has ordered an investigation into claims by a Chinese scientist to have created the world’s first genetically edited babies, a move that would be a ground-breaking medical first but which has generated a barrage of criticism.A video posted on YouTube by university professor He Jiankui said the twin girls, born a few weeks ago, had had their DNA altered to prevent them fro...
Tags: Health, Science, China, Society, World news, Genetics, Beijing, Asia Pacific, National Health Commission, He Jiankui

If You Have Had a Felony Set Aside

My question involves labor and employment law for the state of: If you have had a felony set aside and have all rights restored can you become a probation officer???
Tags: Law, Employment and Labor

Mueller says Manafort violated his plea deal by lying to investigators

Breaking News: Robert Mueller says former Trump campaign chairman Paul Manafort violated his plea deal by lying to investigators. Paul Manafort and Donald Trump thinking they're going to outmaneuver Robert Mueller: — Rex Huppke (@RexHuppke) November 27, 2018 Federal investigators wrote in a court filing [which you can read here in PDF] that Manafort’s “crimes and lies” during a series of interviews with prosecutors working for FBI and special counsel Robert M...
Tags: Post, Politics, News, Justice, Law, Washington, US news, Ukraine, Fbi, New York Times, Npr, Jackson, District Of Columbia, Donald Trump, Irs, Trump

Can Police Omit Relevant Evidence from Their Police Reports

My question involves police conduct in the State of: MI Can police omit relevant evidence from the police reports that they send to prosecution for authorization? In other words, do prosecutors sometimes base their charging decisions on more evidence than was actually provided for the defendant or public record? I am specifically referring to a case that was dropped before trial, so the defendent never had the opportunity to receive discovery but he was charged based on what seemed to be very m...
Tags: Law, Police Investigations

Jim Harbaugh Is Having A Better Monday Than America — See Also

WE ARE A COUNTRY THAT TEAR-GASSES TODDLERS NOW: Trump is now bombing children with pepper spray to make an end-run around the rule of law. IS ROBERT MUELLER GOING TO SAVE US? No. But his report will be lit. SOME BONUS NEWS: Traffic stats tell me that I'm not allowed to tell you which firm matched Cravath. SOME MORE BONUS NEWS: We used a picture of money fluttered out like a child's drawing of a turkey. HERE'S THE FULL BONUS SCORECARD SO FAR: All the firms, so far, and what they're paying o...
Tags: Law, US, America, Jim Harbaugh, Trump, Cravath, Robert Mueller, See Also

Junior to Senior Corporate Associate Attorney [Sponsored]

Corporate - Transactional Associate Attorney needed for AM law firm in New York.
Tags: Asia, Law, Sponsored Content, Kinney Recruiting, Asia Chronicles

Make 2019 the Be$t Year Ever for Your Law Firm by Developing These 3 Strengths

Building a lifestyle law firm — one that enables you to do what you want when you want to do it — begins with the understanding that you are running a business. And the success of your law firm lies in how well you are able to develop your strengths in three key areas: Marketing your legal skills. As an owner or partner in a law firm, your primary focus (in addition to honing your lawyering skills) is to understand the key principles of business development and law firm marketing and to apply...
Tags: Law, Miami, Law Firm Marketing, Scottsdale, Law Firm, DoubleTree, Las Vegas NV, Law Firm Development, Rainmaker Retreat, North Miami, Los Angeles CA Ritz Carlton Marina del Ray, Hilton Ocean Point Resort Spa

Justice Announces He Suffered ‘Mini-Stroke’ Over Citizens United

Justice Stevens seems to suffer from the same blindspots as his colleagues.
Tags: Supreme Court, Law, Citizens United, Courts, Stevens, Adam Liptak, John Paul Stevens

Cybersecurity, Confidentiality, And Your Ethical Obligations To Your Clients (Part II)

Law firms are not immune from cyber attack -- it’s not a matter of if, but when.
Tags: Technology, Law, Uncategorized, Cybersecurity, Legal Ethics, Confidentiality, Tom Kulik

Prison-reform pioneer passes, bail-algorithm debate heads to Dallas, political parties want consent for auto searches documented, and other stories

With a few work items out of the way, today, it's time for a roundup post to clear Grits' browser tabs to start the week: Ray Hill is dead; long live Ray Hill! One of Texas' best known prison reform and LGBTQ activists, Ray Hill, founder of The Prison Show radio broadcast on KPFT, a public radio station in Houston, passed away over the holiday. Go read his obituary from the Houston Chronicle. He was an unforgettable character and a Texas justice reform pioneer. Bail algorithm debate heads to Dal...
Tags: Texas, Law, Senate, Germany, Indiana, Austin, Mitch McConnell, Dallas, Espn, Houston, Baylor, US supreme court, Depaul, Roberts Court, TSC, KPFT

Mass Bail Reform, Not So Massive

This program's success rate so far is upending conventional wisdom that defendants need skin-in-the-game in order to return to court.
Tags: Crime, Law, Toni Messina, Criminal Defense Attorneys, Bail Reform

Give Your Practice A Gift This Holiday Season [Sponsored]

For practitioners, Wolters Kluwer offers its own Cyber Monday (and beyond) deals.
Tags: Law, Wolters Kluwer, Sponsored Content, Solo Practitioners, Small Law Firms, Wolters Kluwer Book

Startup Alley Deadline Extended: Enter Your Startup For A Spot At ABA TECHSHOW

There's still time to get your company out there.
Tags: Technology, Law, Aba, ABA Techshow

Argument transcripts

The transcript of oral argument in Apple Inc. v. Pepper is available on the Supreme Court’s website; the transcript in Nieves v. Bartlett is also available.   The post Argument transcripts appeared first on SCOTUSblog.
Tags: Supreme Court, Law, Pepper, Apple Inc, Bartlett, Merits Cases, Nieves

Being A Young Attorney Isn’t All It’s Cracked Up To Be

Biglaw isn't always pretty, but at least it's lucrative.
Tags: Podcasts, Law, Biglaw, Thinking Like A Lawyer, Guys Who Law

Special counsel saying Paul Manafort is breaching his plea agreement by lying "on a variety of subject matters"

As reported in this ABC News piece, "Prosecutors with special counsel Robert Mueller’s legal team told a judge Monday night that President Donald Trump’s one-time campaign chairman Paul Manafort has breached his cooperation agreement and lied to investigators." Here is more about the latest trouble for Manafort, which became public via this filing: “After signing the plea agreement, Manafort committed federal crimes by lying to the Federal Bureau of Investigation and the Special Counsel’s Offic...
Tags: Law, Dc, Donald Trump, Federal Bureau of Investigation, Trump, Mueller, Robert Mueller, Douglas A Berman, Prez Trump, Manafort, Paul Manafort, Rick Gates, Special Counsel 's Office, ABC News Manafort

Public Speaking Makeover: 5 Techniques To Transform Your Public Speaking

Taking the time to try various ways to transform your public speaking is important.
Tags: Law, Advice, Public Speaking, In-House Counsel, Olga V. Mack

Deadline Extended to Nov. 30 to Compete for Startup Alley at ABA TECHSHOW

Attention startups: The deadline to apply for a spot in the third-annual Startup Alley at ABA TECHSHOW has been extended one week, to this Friday, Nov. 30. This is your last chance to be one of 15 startups that will be selected to receive exhibit space in a special Startup Alley within the exhibit hall at TECHSHOW, the American Bar Association’s annual legal technology conference, which is taking place in Chicago Feb. 27 to March 2, 2019. The startups also participate in an opening night pitch c...
Tags: Law, Uncategorized, Chicago, American Bar Association, Techshow, Startup Alley, Bob Ambrogi, ABA Techshow, Compete for Startup Alley

3 Tips For Not Being Sued Or Fired Over Your Holiday Party

Keeping these tips in mind will help you keep your job and avoid being sued because of your holiday party.
Tags: Law, Holiday Parties, Labor / Employment, On The Job, Evan Gibbs

International Law Issues: Us Felon Caught in Mexico with Guns/Drugs

Can a us felon caught in mexico with guns and drugs be prosecuted in us as well? Felon was detained family paid a thousand dollars to get him out of jail and he was set to go to court in mexico then fled and has returned to USA
Tags: Law, Mexico, International Law

Argument analysis: Justices poised to allow antitrust dispute against Apple over apps to go forward

The Supreme Court heard oral argument this morning in a dispute between technology giant Apple and a group of iPhone users over the sale of apps from Apple’s App Store. The iPhone users are seeking massive damages from Apple, complaining that the company is violating federal antitrust laws by requiring the users to buy apps exclusively from the App Store. But as it comes to the justices, the case is about whether the iPhone users can bring their lawsuit at all: Apple contends that they cannot, b...
Tags: Apple, Featured, Supreme Court, Law, Congress, United States, Illinois, Wall, Sonia Sotomayor, John Roberts, Howe, Alito, Joe Smith, Sotomayor, Stephen Breyer, Breyer

Restricting Competitive Keyword Ads Is Anti-Competitive–FTC v. 1-800 Contacts

Starting in 2002 and continuing for about a decade, 1-800 Contacts systematically locked up many of its online contact lenses retail competitors into settlement agreements that prohibited the parties from bidding on each other’s trademarks at the search engines. Perhaps not coincidentally (this was the subject of some back-and-forth among experts), 1-800 Contacts unapologetically and consistently charges higher prices than its online retailer competitors. In 2016, the FTC filed an administrativ...
Tags: Google, Law, Marketing, E-commerce, Search Engines, Rebecca, Commission, Slaughter, Search Advertising, Bing, Costco, Trademark, BPI, Mccarthy, Ftc, Lens

Argument preview: Court once again to examine anti-fraud rules of securities law

Although the Securities Act of 1933 and the Securities Exchange Act of 1934 provide a wide-ranging foundation for the entire federal regime of securities regulation, the great bulk of the Supreme Court’s encounters with those statutes has focused on the problem of misstatements made in connection with the sale of securities. Among other things, Exchange Act Section 10, Securities Act Section 17, and the Securities and Exchange Commission’s Rule 10b-5 subject those statements to sanction either b...
Tags: Featured, Supreme Court, Law, SEC, Janus Capital, Securities And Exchange Commission, Central Bank, Sonia Sotomayor, Clarence Thomas, Lorenzo, Janus, Merits Cases, Francis Lorenzo, Brett Kavanaugh, Stephen Breyer Ruth Bader Ginsburg Elena Kagan, First Derivative Traders

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