Archive for the ‘state court’ Category

Social Media and Juries Don’t Mix

As a follow up post, I thought it helpful to note that federal courts are increasingly sophisicated as to jurors that use social media during trial.  Frankly, I am not sure if you can sequester a juror without the use of such media especially when it has nothing to do with the case–still, here are proposed […]


Do Lawyers Own Their Briefs (Tighty Whities Excluded)?

Clients spend a great deal of money in the prosecution and defense of their claims. In doing so, lawyers prepare briefs outlining their client’s legal positions. Who owns the brief? Under copyright law, absent an assignment of the work, the lawyer owns it.   (Yes, the client can use it). Yet, for years online legal research […]


Skiing With Lawyers Can Be Dangerous to Your Appeal

In a rebuke to the “blame game,” the Virginia Supreme Court affirmed a trial court’s decision to kick out a legal malpractice case on summary judgment. In Wintergreen Partners, Inc. v. McGuireWoods, LLP, Wintergreen contended that its former lawyers at McGuireWoods screwed up an appeal. As noted by the Supreme Court, McGuireWoods “failed to ensure […]


Shedding the Briefs

For many of us, Justice Potter Stewart’s admonition that “I know it when I see it” in reference to obscenity is an insufficient way to regulate pornography or sexual expression. But defining what is or is not a proper expression based in large part upon the prevailing local community standards is equally frustrating. Are the […]