Cultivated Compendium is my personal website with the occasional link to my reporting and to important, cutting-edge or interesting legal news.
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News and Reporting
November 6th, 2013
After lawmakers approved legislation to authorize same-sex marriage in Illinois, Governor Pat Quinn has said he will sign the bill, the Chicago Tribune reports. The newspaper also reports that the prospects for the legislation improved when supporters could point to the situation "in in which gay couples living in states that recognize same-sex marriage have more rights than their counterparts in states that haven't legalized gay... Continue Reading
November 5th, 2013
All the poll results aren't in, but it looks like New York voters have rejected by two-thirds a ballot measure to let Court of Appeals judges and trial-level state Supreme Court justices serve until they are 80. Now, Court of Appeals judges must retire at 70 and Supreme Court justices must retire at age 76. As of 10:28 p.m., 35.5% of the ballots counted so far favored increasing the retirement age and 64.5% disfavored... Continue Reading
November 5th, 2013
Lawfare has a comprehensive roundup of all the legislative proposals to reform the mass surveillance that has been revealed by Edward Snowden's leaks. One suggested reform is to end the ex parte proceedings in the Foreign Intelligence Surveillance Court in which the government's requests face no opposition: "Judging by the bills in play, there’s pretty much two ideas for doing so: the addition of a new 'Special Advocate... Continue Reading
November 5th, 2013
CBS reports: "With the support of every member of the Democratic caucus and some Republicans, the Senate on Monday voted to move forward with the Employment Non-Discrimination Act (ENDA), a bill that would prohibit discrimination in the workplace on the basis of sexual orientation or gender identity." That means the full Senate is very likely to pass the bill.
But the bill's prognosis in the Republican-controlled House of... Continue Reading
November 5th, 2013
The Legal Intelligencer (my journalism alma mater) reports on the continuing trend of the reduction in mass torts in the Philadelphia court system. Court leaders, however, have seen a 5% uptick in filings by out-of-state plaintiffs suing over the pharmaceutical drugs they took.
One attorney told The Legal that more vigorous regulation by the Obama administration may have led to fewer tort lawsuits. "Obama has been more proactive in... Continue Reading
November 5th, 2013
Legal news from last week: A federal judge ruled that a lawsuit can proceed on whether same-sex marriages from other states can be recognized on death certificates in Ohio despite the statewide ban on same-sex nuptials. The Associated Press reported the presiding judge "rejected a request from state attorneys asking to have a funeral director removed from the lawsuit, a move that essentially would have squelched it." Continue Reading
November 5th, 2013
The Rochester Democrat & Chronicle has this feature on the plaintiffs who are challenging the practice of conducting mostly Christian prayers during town meetings for Rochester suburb Greece. The U.S. Supreme Court is slated to hear oral argument on the issue tomorrow.
The plaintiffs said they are not anti-religion but they think religious involvement pollutes government: "'We are trying to protect religion. Whenever... Continue Reading
November 4th, 2013
According to a transcript of a press conference given by Attorney General Eric Holder, Johnson & Johnson and three of its subsidaries will pay $2.2 billion to resolve claims of off-label marketing of prescription drugs and paying kickbacks to physicians and pharmacies:
"We are here to announce that Johnson & Johnson and three of its subsidiaries have agreed to pay more than $2.2 billion to resolve criminal and civil claims that... Continue Reading
November 4th, 2013
The Guardian has published an opinion piece arguing against allowing cameras in criminal courtrooms: Television "companies want into the criminal courts because that is where the drama is. Such exposure will put witnesses off, discourage victims even if their faces are not on screen and distort the behaviour of lawyers and judges. As for defendants, they risk being feasted upon by the media with a frenzy that will wholly discredit the... Continue Reading
November 4th, 2013
A federal judge has approved the National Football League's $50 million settlement with players who contended their rights to publicity were violated by NFL marketing. Bloomberg Businessweek reported U.S. District Judge Paul A. Magnuson opined "the chances of the lawsuit’s succeeding are 'slim at best,' ... calling the settlement a remarkable victory for the class as a whole." Another part of the... Continue Reading
November 4th, 2013
One of the criticisms of the Obamacare rollout is some consumers' health care insurance policies are being canceled because they don't comply with minimum requirements. Replacement policies are more expensive. Self-employed lawyers are among those whose costs are increasing, The Washington Post reports: "If the poor, sick and uninsured are the winners under the Affordable Care Act, the losers appear to include some relatively... Continue Reading
November 3rd, 2013
The prognosis is good for the bipartisan passage in the U.S. Senate of legislation that would make it illegal for employers to discriminate against people on the basis of their sexual orientation or gender identity, the Associated Press reports. However, it is unclear if the legislation would even be taken up in the House of Representatives.
The bill has bipartisan support. "In a sign of the times, the anti-bias legislation has... Continue Reading
November 3rd, 2013
After the Oklahoma Supreme Court struck down tort reform legislation because it contained multiple subjects in violation of the state constitution, state lawmakers are holding hearings on how judges are selected, the Associated Press reported. Oklahoma House Speaker T.W. Shannon said he believes "the Oklahoma Supreme Court has acted at times as a ‘Super Legislature. It is my opinion the court has attempted to derail laws... Continue Reading
November 3rd, 2013
An Indiana appellate court asked for legislators to address custody issues involving children of same-sex and other non-traditional families in which an "intended parent lacks a genetic connection to the child," according to the Associated Press. "'What began as a trickle is rapidly becoming a torrent, and the number of children whose lives are impacted by rules that have yet to be written only increases with the... Continue Reading
November 1st, 2013
The Philadelphia Inquirer editorial board once called for the Chief Justice of the Pennsylvania Supreme Court to resign because a lawyer on the Philadelphia family court project was revealed to have a conflict of interest by becoming a co-developer. Now the editorial board has endorsed Pennsylvania Chief Justice Ronald D. Castille for retention even though he can only serve one more year until forced to retire because of his age. The... Continue Reading
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