My summary of Knox v. SEIU at SCOTUSblog.com: Knox knocks unions on mid-year assessment for non-members.
Source: http://www.lawmemo.com/blog/2012/06/summary_of_knox.html
My summary of Knox v. SEIU at SCOTUSblog.com: Knox knocks unions on mid-year assessment for non-members.
Source: http://www.lawmemo.com/blog/2012/06/summary_of_knox.html
Self-evidence is rarely, well, self-evident. More to the point, anyone who writes stuff on the internet should realize that the words are there for others to read. This is true whether one asks a question that's ridiculously unethical, incredibly stupid or just addresses more mundane issues of the practice of criminal defense.A Note About Sarcasm
I'm only going to address one minor issue in the briefs and the tentative ruling, because it involves me and this blog. In March, well before Ms. Naffe sued and I appeared in this case, I wrote a post about Ms. Naffe's threats against Mr. Frey. In that post, referring to Mr. Frey's point-by-point questioning of Ms. Naffe's accusations against James O'Keefe, I dropped this line:
The defense attorney in me is tempted to say that this is the most thorough consideration of exculpatory evidence that I have ever seen from a Los Angeles County Deputy District Attorney, but that would be uncouth, so I will not, and you should definitely forget that I brought it up.
I thought that this was self-evidently a joke, a friendly swipe by a snarky criminal defense lawyer talking about a prosecutor. I was rather surprised to see both Ms. Naffe's counsel and — in response – the judge seem to take it literally. Such are the hazards of sarcasm. Or maybe I should say, as I always do to my wife, kids, law partners, and anyone who will sit still, that nobody understands me.
Source: http://blog.simplejustice.us/2012/12/11/blawging-blowback-sarcasm-edition.aspx?ref=rss
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Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/06/ip-industries-part-two/
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Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/07/find-now-read-later/
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/12/claims-college-for-litigation-managers/
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Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/10/2012-legal-tech-surveys-say/
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By Jennifer Redmond and Jonathan Sokolowski
In Fillpoint, LLC, v. Maas, Case No. G045057, 2012 Cal. App. LEXIS 914 (Cal. App. Aug. 24, 2012), the California Court of Appeal for the Fourth District recently refused to enforce a covenant not to compete against the former employee and selling shareholder of a video game company. The Court determined that half of a two-part noncompete agreement entered into in the context of the sale of a business was unenforceable, despite the exception for such covenants found in California Business and Professions Code Section 16601 (“Section 16601”). This case answers what had previously been an open question under California law: whether an acquiring company can obtain a non-compete that begins to run upon termination of employment (as opposed to or in addition to a non-compete that begins to run upon closing) from a shareholder who becomes an employee of the buyer. See Hilb, Rogal & Hamilton Ins. Servs. v. Robb, 33 Cal. App. 4th 1812 (1995) (enforcing a noncompete agreement against a selling shareholder that commenced at termination of employment, without any discussion or analysis of whether using termination of employment as the trigger for a noncompete violates Section 16601).
In Fillpoint, Michael Maas, an employee of Crave Entertainment Group, Inc. (“Crave”), executed a stock purchase agreement (“SPA”) when he sold all of his stock in Crave to Handleman Company (“Handleman”) as part of Handleman’s acquisition of Crave. The SPA contained a three-year non-compete which was set to begin running at the SPA’s closing date. At the same time and in connection with Handleman’s acquisition of Crave, Maas also entered into an employment agreement with Crave containing one-year non-compete, customer non-solicit, and employee non-solicit covenants, all of which would begin to run upon the termination of his employment. Maas’ employment agreement was contemplated by the SPA, which included an integration clause referencing the form employment agreement. Additionally, Maas’ employment agreement referred back to the SPA and stated that the SPA would prevail in the event of any conflict between the agreements.
Maas eventually resigned his employment three years after the acquisition of Crave and, about six months later, began working for a competitor of Crave. Fillpoint, LLC (“Fillpoint”), which had acquired Crave from Handleman, brought suit against Maas for breach of his employment agreement. At trial, Maas moved for nonsuit after Fillpoint’s opening statement, and the Superior Court concluded, among other things, that (1) the covenants in the SPA and the employment agreement were separate and (2) the covenants not to compete and not to solicit in the employment agreement were unenforceable under California’s general rule against such covenants (Business and Professions Code Section 16600).
On appeal, the Court of Appeal held that the trial court erred in its conclusion that the covenants in the SPA and the employment agreement were separate. The Court of Appeal held that the agreements “must be read together as an integrated agreement” because (1) of the cross references between the SPA and employment agreement and (2) the two agreements were entered into between the same parties and around the same time, and were part of a single transaction.
Despite winning this battle, Fillpoint lost the war. The Court of Appeal held that reading the agreements together does not mean that the covenants contained in the employment agreement are enforceable. Instead, the covenants must fit within Section 16601’s exception to the general rule that non-competes are unenforceable. More specifically, Section 16601 permits the enforcement of covenants not to compete to protect the goodwill of a business in connection with the sale of such business. The purpose behind this exception is to prevent a seller from engaging in competition which would diminish the value of the assets being sold. The Court of Appeal determined that the SPA’s non-compete was intended to protect the goodwill of Crave as it prevented Maas from engaging in a competing business, or from setting up, or helping another to set up, a competing business, during the three-year period immediately following Handleman’s acquisition of Crave. In contrast, the covenants contained in the employment agreement were triggered upon Maas’ termination and, for one year following his termination, would prohibit him from, among other things, selling competitive products to anyone who was a customer or a potential customer of Crave during the two years preceding his termination, working for a competing business, or employing or soliciting for employment any of Crave’s employees. The court determined that such covenants were intended to restrict Maas’ right to pursue his profession in the future and, thus, did not meet Section 16601’s limited exception. For these reasons, the court held that the covenants in the employment agreement could not “be reconciled with California’s strong public policy permitting employees the right to pursue a lawful occupation of their own choice” and were unenforceable.
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Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/07/a-radical-or-rational-scotus-session/
You make a mistake. You own up, suffer the consequences, and move on. Or, like this doc, you don't own up, but you don't fight it, and you suffer very few consequences. As reported by The Middletown Press (Middletown, Connecticut), from a decision by the Medical Examining Board:
Fined Brian M. Connolly, an anesthesiologist, $5,000 for performing a nerve block on the right leg of a patient who was having knee replacement on the left leg at New Milford Hospital in July 2011. Connolly, who works for New Milford Anesthesia Associates P.C., didn’t admit guilt, but agreed not to contest the charges and to pay the fine. This will be reported to the NPDB.Seriously? You don't make the guy admit guilt? Like it would be hard to prove? And $5,000? The Juice does not approve. Here's the source.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/gFwyBi3kVIo/post_540.html
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You make a mistake. You own up, suffer the consequences, and move on. Or, like this doc, you don't own up, but you don't fight it, and you suffer very few consequences. As reported by The Middletown Press (Middletown, Connecticut), from a decision by the Medical Examining Board:
Fined Brian M. Connolly, an anesthesiologist, $5,000 for performing a nerve block on the right leg of a patient who was having knee replacement on the left leg at New Milford Hospital in July 2011. Connolly, who works for New Milford Anesthesia Associates P.C., didn’t admit guilt, but agreed not to contest the charges and to pay the fine. This will be reported to the NPDB.Seriously? You don't make the guy admit guilt? Like it would be hard to prove? And $5,000? The Juice does not approve. Here's the source.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/gFwyBi3kVIo/post_540.html
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John McNesby, president of the Fraternal Order of Police Lodge 5, said that the transfers were based on "unfounded accusations" by the District Attorney's Office and that the allegations should have been investigated first.
"When you've got an aggressive group of officers, you're going to have people who aren't happy," McNesby said. "These guys took a lot of guns off the streets, took a lot of drugs off the streets. They did a lot of good work for the city."
The people who weren't happy turned out to be the district attorney and judges who didn't think nearly as well of these officers as their union president. As Leo (irony duly noted) explains it:
Besides, it’s not like they ever threatened anyone’s life while in the line of duty, right? When the officers caught up to him, Conolly said, he got out of the car with hands raised, but [the officers] threw him to the ground and choked, kicked, and punched him as he yelled for help. [Officer] Liciardello, he said, put a gun to the back of [Connolly's] head and told him, “We are the cops. If you don’t shut up, I will put a . . . bullet in your head.” The article finishes with this gem: McNesby has maintained the innocence of those officers.”It’s a sad day,” he said, “when you have the criminals in the city dictating where cops are going to be working.” No, John. It’s a sad day when police feel and act like they’re above the law they’re sworn to uphold. Ah, kids. So trusting. So believing. Aren't they cute as the dickens? On the one hand, you have police officers who take guns and drugs off the streets. So they sometimes put a little something in their own pocket for a rainy day? So they get a little rough with the bad guys on the street? It's a hard world out there when you're saving society from the criminals, you know.
Sure, back-benchers see it all neat and clean, platitudes and oaths galore, but somebody has to do the dirty work to keep us safe at night. And that's why they have the FOP.
McNesby's comments reflect the basic question that's been posed forever. Either we believe our beloved cops or we believe the criminals. Which side are you on?
While we now have the occasional video which shows cops gone bad, where for decades before it was the perps word against the cops, and the perps rarely won a pissing match because few judges wanted to be in McNesby's crosshairs for being on the wrong side of the question, not every bust offers a Youtube moment. And when there is no video, we go right back to the old ways, playing the odds and awaiting the union president's retort, next time you're in trouble, call a criminal. Hah! That'll show 'em.
But, you say, that's not what happened this time. The district attorney and police commissioner didn't side with the cops, didn't sweep it under the rug, didn't squint their eyes and conclude the accusations were unfounded. Well, yeah. Kinda. Maybe.
You see, these six cops didn't get canned. They didn't get prosecuted. They didn't get booted off the force and lose their pensions. They were transferred.
Bradley S. Bridge, a veteran lawyer in the Philadelphia Public Defender's Office, said the officers were "among the most troubled in the department."
"Transferring them out of a place where they have intense, high-profile interactions with people, and where there is little oversight of their actions, is an important and significant move," Bridge said. "We have had numerous clients who have complained about their interactions with these officers, who have maintained that these officers have testified falsely against them. And this is a recognition that those complaints are valid. This reflects that the problems are so significant that the department had to do something."
Ouch. Harsh. They made the cowboys change horses. That'll learn 'em for lying and beating folks and kicking 'em in the head.
And John McNesby goes full bore, because that's his job as union president, covering his people when they get fired prosecuted transferred for being tough cops in a tough world. Time to break out the champagne in Philly. No, not the citizens who applaud the firm action by the police chief and district attorney, but the guys in the party room at FOP Lodge 5. They got away with it again, and nobody noticed.
Source: http://blog.simplejustice.us/2012/12/06/liberty-equality-no-fraternity.aspx?ref=rss
Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/01/what-is-parody/
President Obama and Senate Republicans have different views when it comes to what counts as "recess." A federal appeals court is now weighing the question in a case challenging three of Obama's appointments.
In Jacksonville, Fla., the shooting of an unarmed African-American teenager has raised yet another outcry against the state's Stand Your Ground law. A task force convened by Gov. Rick Scott has concluded that the law doesn't need changing.
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Source: http://www.npr.org/2012/12/07/166755927/death-of-florida-teenager-echoes-trayvon-martin?ft=1&f=1070
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