Avoiding the illegal franchise

In a case involving a fatal car accident, the Appellate Division addressed whether a driver who admitted to falling asleep at the wheel could be found negligent as a matter of law. The lower court denied the plaintiffs’ motion for summary judgment, but the appellate court reversed. The case clarified the legal standards for holding drivers responsible when they fall asleep while operating a vehicle. Background FactsThe plaintiffs brought a lawsuit after their son died in a car accident. He had been a passenger in a vehicle driven by defendant Timothy M. Heyward. According to the evidence, Heyward fell asleep while driving. As a result, the car left the roadway and went down an embankment, causing the death of the passenger. In support of their motion for summary judgment, the plaintiffs presented evidence showing that Heyward had admitted to falling asleep at the wheel. The defendants did not offer any evidence to dispute that admission. However, the Supreme Court denied…

Israel’s High Court of Justice ruled Wednesday that the cabinet’s dismissal of Shin Bet chief Ronen Bar was “improper” and “unlawful.” The court found the firing lacked valid justification and was based on a “thin and shaky factual foundation.” Expanding on the court’s reasoning, Court President Justice Isaac Amit condemned the government’s failure to consult the Senior Appointments Advisory Committee. He emphasized the critical importance of maintaining the Shin Bet’s independence, warning that granting the government unchecked control over the agency’s leadership would politicize it and compromise its vital role in protecting Israel’s democratic institutions. The court’s concerns were further magnified by the context surrounding Bar’s dismissal. Prime Minister Benjamin Netanyahu, who announced Bar’s removal in March citing a loss of confidence, did so amid ongoing sensitive…

Links and Google Rankings We will cover how citations and link-building may contribute to improving rankings on both Google’s organic search results and Google Business Profiles. Key concepts will be outlined, including the definition of a link, its impact on search rankings, fundamental principles of link value, and strategies for internal and external linking. Understanding these factors is essential for developing a robust SEO strategy that enhances online visibility and authority. The Link and Its Attributes Links serve as the backbone of the web, connecting pages and allowing seamless navigation between them. Essentially, a link directs users from one webpage to another, a fundamental principle that has shaped the internet since its inception. While early digital tools like HyperCard existed before the web, hyperlinks between sites created today’s interconnected online world. Before Google’s rise, search engines like AltaVista and Lycos led the…

Talking with parents about unwanted belongings can be a challenging conversation. Estate planning exists because people no longer have use for their possessions after they have died. These belongings must be given new homes. Estate planning documents like wills and trusts are used to designate heirs for assets. Although some assets are beneficial to loved ones, others are not. Initiating conversations with your parents about what you do not want to inherit can feel uncomfortable, but it is necessary. Families can avoid conflict and emotional stress through loving and open conversations around expectations. Discussing estate planning as a family can help clarify the distinction between property with sentimental value and unwanted belongings. Why Inheritance Conversations Matter All people enter the world with nothing. Their possessions are accumulated across their lifespan. Although some of these belongings carry deep meaning and value to various family members, others may not…

Golfers sustaining injury while out on the links is sometimes “par for the course”. Due to the nature of the sport, California courts consistently apply the “assumption of the risk” doctrine to claims by golf participants against golf course operators for injuries sustained from risks that are inherent in the sport itself. For example: “Golf is an active sport to which the assumption of the risk doctrine applies. (Dilger v. Moyles (1997) 54 Cal.App.4th 1452, 1454.) A recreation provider “owes no duty to a participant in an active sport to use due care to eliminate risks inherent in the sport.” (American Golf Corp. v. Superior Court (2000) 79 Cal.App.4th 30.) “When the risks are inherent, the defendant does not have a ‘duty to protect the plaintiff from those risks…or take steps to reduce those risks.’” (Fazio v. Fairbanks Ranch Country Club (2015) 233 Cal.App.4th 1053, 1058.) The inherent risk in golf…

["This means Harvard can no longer enroll foreign students and existing foreign students must transfer or lose their legal status."] So the Department of Homeland Security announced today. A few tentative thoughts; if it turns out that I have erred in my understanding of the facts or of the program, I'll update them as necessary: [1.] Unsurprisingly, student and exchange visitor visas are issued only to people who can show that they really are students and exchange visitors, and at recognized institutions that fulfill the visa program's goals. There are therefore procedures both for certifying and decertifying educational institutions as eligible for the Student and Exchange Visitor Program. [2.] Equally unsurprisingly, institutions have to provide various information about students and the students' conduct. The DHS letter claims that: On April 16, 2025, Secretary Noem demanded Harvard provide information about the criminality and misconduct of foreign…

["Because the Constitution vests the executive power in the President, he may remove without cause executive officers who exercise that power on his behalf, subject to narrow exceptions recognized by our precedents."] From today's majority opinion in Trump v. Wilcox (see also Josh's post below): The Government has applied for a stay of orders from the District Court for the District of Columbia enjoining the President's removal of a member of the National Labor Relations Board (NLRB) and a member of the Merit Systems Protection Board (MSPB), respectively. The President is prohibited by statute from removing these officers except for cause, and no qualifying cause was given. The application for stay presented to The Chief Justice and by him referred to the Court is granted. Because the Constitution vests the executive power in the President, see Art. II, §1, cl. 1, he may remove without cause executive officers who exercise that power on his…

[In the span of a single day, Chief Justice Roberts continues his attempts at moderation for the sake of moderation without any actual reasoning.] At One First Street, life comes at you fast. On May 22 at 10:00 a.m., the Court 4-4'd in St. Isidore v. Drummond, letting the Oklahoma Supreme Court's decision stand. I wrote: Before the case was even argued, I made a crude prediction to several reporters that the Chief would take the easy-out, and just vote to 4-4 affirm. There would be no opinion, and the Court could focus on more important issues. The children of Oklahoma really didn't matter. What was that "more important issue"? Trump v. Wilcox. After 5:00 p.m. on May 22, after the markets closed, right before a holiday weekend, the Court issued a two-page per curiam opinion in the removal power case. (I'm sure Roberts was humming the Jimmy Buffet song when planning the release time.) The Court, by an (ostensible) 6-3 vote, stayed the lower…

Nicholas A. Caputo, Oxford Martin School, is publishing 'Quiet' Enjoyment: Uncovering the Hidden History of the Right to Attention in Private and Public in the Stanford Technology Law Review (forthcoming 2025). Here is the abstract. Legal scholars have largely neglected attention as a subject of legal rights, even as attention has become one of the most valuable economic resources of the modern era. This Article argues that a right to attention has existed implicitly in American law since the early twentieth century, emerging in response to technological, social, and economic changes in that period that made attention both increasingly valuable and increasingly impinged upon, as America shifted toward knowledge work and leisure activities that demanded sustained focus. By examining court decisions in private law doctrines around property and public law doctrines around speech that can only be explained by reference to an implicit right to attention, this Article…

Photo by cottonbro studio on Pexels.comBy: Madison Bruner Although the beauty industry thrives on creativity and artistry, few consumers would risk their lives or health for glamour. In early 2025, three hairstylists filed lawsuits in California against L’Oreal, Wella, Redken, and Paul Mitchell, alleging that these beauty giants and others sold products with carcinogenic chemicals that caused bladder cancer, without providing consumers any warning of the associated risks. The complaints for the lawsuits can be viewed below: Hector Corvera v. L’Oreal USA Inc. et al filed on February 13, 2025; Debra Matarazzo v. Henkel AG & Co. KGaA et al filed on March 6, 2025; and Sharon Mirtaheri v. L’Oreal USA Inc. et al filed on April 28, 2025. Breaking Down the Lawsuits Against L’Oreal, Wella, Redken, Paul Mitchell, and Procter & Gamble The primary health concern underpinning these lawsuits is an alleged increased risk of developing bladder…

Summary: Miami’s vibrant allure draws millions of tourists, but its congested roads pose significant risks for tourist car accidents. Visitors face unique challenges—unfamiliar laws for out-of-state drivers, language barriers for international travelers, and complex rental car insurance issues—making crashes especially daunting. After an accident, tourists should call 911, document the scene, and seek medical care, even if leaving soon. Legal hurdles like jurisdiction and insurance disputes can complicate claims, but Wolfson & Leon (call 305-285-1115) offers expert remote representation to ensure out-of-state and international visitors recover fair compensation. With a trusted Miami car accident lawyer, tourists can protect their rights and focus on enjoying their trip. Introduction: Miami’s Charm and Its Traffic Risks Miami’s sun-soaked beaches, lively nightlife, and cultural hotspots make it a top destination for millions of tourists…

Shocking May 2025 New Prairie High School Bus Crash Brings Hoosiers Together Hoosiers are still reeling from the recent tragedy suffered in the May 8th St. Joseph County’s New Prairie High School bus crash. Student athletes and their coaches suffered serious injuries in a pile up of two mini-buses and a tractor-trailer truck caused a box truck evading police on Fail Road in LaPorte County. The two school buses were carrying the junior varsity baseball team and coaching staff to an afternoon game in Hobart when the accident happened. The driver of the box truck, Shawn Wesly Russell Akison, now faces felony charges. Read, “Update #2 – US 20 at Fail Road / Arrest Made,” published by La Porte County Sheriff’s Office on Facebook, May 9, 2025, at 7:54 AM. Two coaches and seven students were hurt. Several victims were transported for emergency hospital treatment. Two face life-altering traumatic injuries. Coach Rich Shail suffered spinal injuries with…

You get a job offer—and then come the conditions. A required drug test. Maybe even random testing after you’re hired. You wonder: is this even legal in New York City? And what if you legally use marijuana during your time off? Employee drug testing is a complex—and often misunderstood—area of employment law in NYC. While employers do have the right to maintain a safe and drug-free workplace, there are strict limits on when and how they can test workers. If you’re an employee in New York, When Is Drug Testing Allowed in NYC? Drug testing isn’t illegal in New York City, but it’s far from a free-for-all. Employers can require pre-employment drug testing—usually after making a conditional offer. But even then, NYC places limits on what substances can be tested for and how the process is handled. Random drug testing of current employees is much more restricted. It’s generally allowed only in specific industries, such…

Ed. note: Welcome to our daily feature, Quote of the Day(Opens in a new window).[Trump] will always stand for law and order. Leftist commencement speakers that ignored the previous administration’s egregious legal abuses against President Trump have no credibility today.— White House spokesperson Harrison Fields, in comments given to Reuters(Opens in a new window), concerning the overarching “rule of law” theme that has dominated law school commencement ceremonies this spring. Staci Zaretsky(Opens in a new window) is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Bluesky(Opens in a new window), X/Twitter(Opens in a new window), and Threads(Opens in a new window), or connect with her on LinkedIn(Opens in a new window). The post Trump Not Too Thrilled About…

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. There are 102 petitions and applications on the Supreme Court’s docket for this week’s conference. After several months of relisting cases at a slow rate, the court has picked up the pace: There are six newly relisted cases this week covering a wide range of subjects. Another commerce clause challenge to California’s Proposition 12 For the second time in as many years, the Supreme Court is once again considering a challenge to California’s Proposition 12, a voter-approved measure banning the in-state sale of pork from pigs confined in ways deemed cruel, such as cages denying them at least 24 square feet of space or the ability to turn around. In Iowa Pork Producers Association v. Bonta, pork producers argue that Proposition 12 violates the dormant commerce clause…

There’s been a lot of talk (Opens in a new window)in Biglaw circles about what, exactly, the nine firms that bent a knee (Opens in a new window)to Donald Trump — and promised nearly a billion dollars in pro bono services — will have to do in order to earn their peace(Opens in a new window) with the administration. Because the terms of the deals are constantly changing — much like Lando Calrissian’s deal with Darth Vader(Opens in a new window). MAGA types are already crowing(Opens in a new window) about how they’ll force the firms(Opens in a new window) in question to do their legal bidding: working on coal leases, negotiating trade deals, and defending police brutality cases are all on the table and probably not at all what the firms thought they’d be doing when they made the agreement.Some firms have tried to set boundaries (Opens in a new window)on the work they’ll do on behalf of Trump (we’ll see how that pans out for…

Sarah AbramsLitigation funding as a topic has been around for years, but it recently has been back in the headlines of the business pages. In light of the recent renewed focus on litigation funding, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, explores the background regarding litigation finance and considers the implications for D&O insurers. I would like to thank Sarah for allowing me to publish her article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest for this site’s readers. Please contact me directly if you would like to submit a guest post. Here is Sarah’s article. ***************** There has been significant press surrounding litigation finance as of late.  Particularly, litigation finance has been identified as causing a marked increase in lawsuits filed and increases in settlements in jury verdicts. To such an extent that a number of states…

Meet Abby Akins: Summer Law Clerk and Newest Member of the Vann Attorneys TeamBy Vann Attorneys, PLLCA North Carolina Law FirmWe’re excited to welcome Abby Akins to Vann Attorneys as our Summer Law Clerk! Abby joins us from Campbell University School of Law, where she’s wrapping up her 1L year. Originally from Holly Springs, she earned her B.A. in History at UNC Chapel Hill—making her the only Tar Heel in a family full of mostly NC State fans (we won’t hold that against her). When asked what drew her to Vann Attorneys, Abby said it was the chance to get hands-on experience in a variety of legal areas and work closely with attorneys who value mentorship. She’s jumping into everything with energy and curiosity, and we’re thrilled to have her here. Abby’s already shown a natural ability for connecting with people. Her previous internships in government and public service gave her a front-row seat to the importance of serving the local…