Remembering My Friend Ken Kersch

What is “Additur” in a Motor Vehicle Accident Case? A Georgia auto accident victim appealed a trial court’s denial of his motion for additur after judgment was entered on the jury’s verdict. The plaintiff asserted that the trial court erred by denying his motion based on a grossly inadequate verdict. Additur is a process whereby a judge increases the amount of damages awarded by a jury. This can happen when the judge believes that the jury’s award is insufficient based on the evidence presented during the trial. Additur is typically offered as an alternative to a new trial and lets the defendant agree to the increased amount instead of facing a retrial. The U.S. Supreme Court has held that additur violates the Seventh Amendment and isn’t permissible in federal courts; however, some state courts like Georgia permit additur. Background In October 2018, the plaintiff owned and operated a transportation company and was driving a delivery van…

[It requires litigants seeking preliminary injunctions against illegal government actions to post potentially enormous bonds.] (AI-generated image.)A provision inserted into the Senate GOP version of Trump's "Big Beautiful Bill" would, if enacted, pose a serious threat to federal courts' ability to protect your constitutional rights. It does so by requiring litigants seeking a preliminary injunction against a federal government policy to post potentially enormous bonds. Arizona Supreme Court Justice Clint Bolick - who is also an experienced public interest litigator, having served as Director of Litigation at the libertarian Institute for Justice  and VP for Litigation at the Goldwater Institute - has an excellent article outlining the danger this provision poses: [The Senate bill] targets temporary restraining orders and preliminary injunctions. These are rulings that demand that the government halt the enforcement or implementation of a policy…

Stay informed of the week’s notable events and shared resources with this curated list of Nonprofit Resources of the Week. Notable Nonprofit Posts, Articles, & Other Resources: Nonprofits Are Under Siege: Why It’s Time to Get Loud, Get Legal, and Get Moving (May L. Harris, For Purpose Law Group) What To Do Now: How Philanthropy Can Help Win the Fight for America’s Future (David Callahan, Inside Philanthropy) [Ed. Also read David’s earlier article How We Got Here: Six Reasons Liberal Philanthropy Is Losing the Battle for America’s Future amplified on our Nonprofit Resources of the Week post on March 29, 2025.] Chairmen Green, Brecheen Launch Probe Into 200+ NGOs Over Their Use of Taxpayer Dollars During the Biden-Harris Border Crisis (House Committee on Homeland Security) [Ed. Brazen attack by the Senate Committee against nonprofits and immigrants. Separately, at least three organizations have received letters from Josh Hawley, Chair…

Columbia Global Freedom of Expression seeks to contribute to the development of an integrated and progressive jurisprudence and understanding on freedom of expression and information around the world.  It maintains an extensive database of international case law. This is its newsletter dealing with recent developments  in the field. In downtown Los Angeles this week, near the Museum of Contemporary Art, protesters held banners denouncing Immigration and Customs Enforcement, as officers in anti-riot gear stood by. Behind them, a giant mural, Barbara Kruger’s artwork, posed questions. The white letters on the vibrant red background asked, “Who is beyond the law?” That is a potent visual of today’s America. President Trump has ordered the deployment of almost five thousand troops – the National Guard and active-duty Marines – to LA, the epicenter of rallies against the crackdown on immigrants since last…

You may recall last week we discussed Florida’s Choice Act and the changes it may create to the non-compete landscape in Florida. The Choice Act establishes significantly more stringent non-compete restrictions on employees and independent contractors earning, or are reasonably expected to earn, a salary greater than twice the annual mean wage of the Florida county which (1) the employer has its principal place of business or (2) the Florida county which the employee or independent contractor resides. 2025 Florida House Bill No. 1219, Florida One Hundred Twenty-Seventh Regular Session. The employee or independent contractor can be prohibited from competing for up to four years and a court is required to preliminarily enjoin the employee or independent contractor from providing services to any business during the noncompete period with limited exception if the employer requests the court to do so. 2025 Florida House Bill No. 1219, Florida One Hundred Twenty-Seventh Regular…

A single-vehicle accident occurred Thursday morning on southbound Interstate 5 east of Woodland, California, highlighting the ongoing safety concerns along this heavily traveled corridor. The California Highway Patrol responded to the incident at approximately 6:22 a.m., and reports indicated possible minor injuries to the driver. What Happened in the Woodland Area Crash According to CHP logs, the single-vehicle accident occurred on southbound I-5 in Yolo County during the morning commute. While the exact cause of the crash remains under investigation, solo vehicle accidents can result from various factors, including driver fatigue, mechanical failure, road conditions, or external circumstances. The timing of this incident—during peak morning traffic hours—underscores the importance of heightened awareness and caution when traveling through high-traffic areas like Interstate 5, which serves as a major transportation artery connecting Northern and Southern…

A devastating hit-and-run collision on Interstate 880 in Fremont has left a motorcyclist seriously injured, highlighting the dangerous consequences of fleeing the scene of an accident. The incident occurred on June 12, 2025, at approximately 5:14 PM on northbound I-880 near State Route 84, prompting an immediate emergency response and ongoing investigation by the California Highway Patrol. Details of the Fremont Hit-and-Run Accident The collision occurred on the busy freeway’s right-hand shoulder, with the motorcycle and rider initially positioned in the #4 lane before the impact. According to preliminary reports, a white vehicle struck the motorcyclist and immediately fled the scene, leaving the injured rider without assistance. Emergency medical services and fire personnel responded quickly to provide critical medical care to the victim. The California Highway Patrol and local law enforcement agencies have comprehensively investigated this hit-and-run incident.…

A US federal judge on Friday refused to order the immediate release of pro-Palestinian activist Mahmoud Khalil from immigration detention, despite ruling that the initial arrest and continued detention lacked a lawful basis. Judge Michael E. Farbiarz of the US District Court for the District of New Jersey found that US Immigration and Customs Enforcement (ICE) violated federal law when they arrested Khalil last year without proper legal authority. Khalil, a lawful permanent resident and Palestinian rights activist, was arrested in 2024 amid increasing federal crackdowns on pro-Palestinian demonstrations. Federal officials sought his removal based on alleged inaccuracies in his immigration paperwork and a determination by US Secretary of State Marco Rubio that Khalil’s continued presence would compromise a compelling foreign policy interest. While Farbiarz rejected the paperwork-based removal claim, he found the secretary’s determination could not withstand…

Life Insurance lawyers need to know the statute and case law that deals with life insurance policies after a divorce.    The relevant statute is Texas Family Code, Section 9.301. To start with, a 1994 opinion from the Fort Worth Court of Appeals, says that one spouse can designate his or her estate as the beneficiary of the policy, at the expense of the other spouse, absent a showing of actual or constructive fraud.  The opinion is styled, Street v. Skipper. A 1981 opinion from the Eastland Court of Appeals says that policies may contain provisions automatically divesting a spouse of any interest in the proceeds, if the parties are “legally separated” or divorced.  This opinion is styled, Pilot Life Insurance Company v. Koch.  Also, according to a 1987 opinion from the 14th District Court of Appeals, the divorce decree may divest the former spouse of any right to the insurance proceeds.  That opinion is styled, Novotny v. Wittner.…

A recent case out of the Middle District of Florida, The Peninsula at St. John’s Center Condominium Association, Inc. v. Amerisure Ins. Co., 2025 WL 1547631 (M.D.Fla. 2025) discusses what a party must do to RIGHTFULLY recover under a Coblentz agreement under Florida law: “In Florida, a party seeking to recover under a Coblentz agreement must prove: (1) coverage; (2) a wrongful refusal to defend; and (3) that the settlement was objectively reasonable and made in good faith. “Florida law clearly states that liability of an insurer depends upon whether the insured’s claim is within the coverage of the policy. This remains true even when the insurer has unjustifiably failed to defend its insured in the underlying action.”  “A determination of coverage, therefore, is a condition precedent to any recovery against an insurer.” The party seeking recovery has the burden “to allocate the settlement amount between covered and…

The US Supreme Court unanimously ruled on Thursday that public-school students with disabilities may pursue discrimination lawsuits under the same standard of proof that applies when people sue other institutions for discrimination based on disability claims, sweeping aside a higher legal standard used by some lower courts. Writing for the court, Chief Justice John Roberts rejected the heightened test as textually unsupported. He stated: “Together [students with disabilities] face daunting challenges on a daily basis … We hold today that those challenges do not include having to satisfy a more stringent standard of proof than other plaintiffs.” The justices vacated a ruling by the US Court of Appeals for the Eighth Circuit and sent the case back for new proceedings under the easier “deliberate indifference” benchmark. The decision came in A.J.T. v. Osseo Area Schools, a case brought by Ava Tharpe, a Minnesota teenager whose rare form of epilepsy…

The Legal Theory Bookworm recommends Advanced Introduction to Political Jurisprudence by Martin Loughlin. Here is a description: Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. In this Advanced Introduction, Martin Loughlin provides a concise analysis of political jurisprudence, a powerful but relatively neglected school of thought that offers a compelling account of the relationship between law and politics in the modern world. After presenting a historical sketch of its evolution in European thought, he outlines the basic conceptual framework of the subject and argues that, notwithstanding current strains, political jurisprudence continues to yield acute insights into the…

The latest issue of the International Criminal Law Review (Vol. 25, nos. 2-3, 2025) is out. Contents include: Special Issue: Corruption and International Criminal Law Anja Matwijkiw, Bronik Matwijkiw, Sunčana Roksandić, & Marc Engelhart, Crime and Corruption. Serious Economic Crimes and International Criminal Law—Shaping a New Era of International Law and Justice Ugljesa Ugi Zvekic, For an Effective Global Anti-Crime Governance: untoc and uncac Consolidated Héctor Olasolo, Pablo Galain Palermo, & R.J. Blaise Maclean, The Case for Considering Corruption as a Central Element of Governance: Institutional and Organizational Corruption and Complex Corruption Networks Sunčana Roksandić & Marc Engelhart, Environmental Corruption: Fighting Two Evils through International Criminal Law Alongside Introducing a Special Protocol to UNCAC and UNTOC Anja Matwijkiw, Corruption: From International Law and Ethics to Realpolitik and…

Boating gives you a way to recreate, relax and have fun, but it is not without dangers. Boaters need to place great importance on wearing life jackets as a form of safety. A sad and repeated mistake found in many boating accidents is forgetting or refusing to wear a life jacket. When people are harmed […] The post FATAL OVERSIGHTS: THE LEGAL IMPACT OF MISSING LIFE JACKETS IN BOATING ACCIDENTS appeared first on Maus Law Firm.

Israel / Iran Collection: Israel-Iran Conflict by Just Security Israeli Strikes Risk Driving Iran Toward Nuclear Weapons by Kelsey Davenport The Israeli Strike on Iran the U.S. Saw Coming, but Couldn’t Stop by Brian O’Neill The Strategic Stakes after Israel’s Opening Strikes on Iran by Nima Gerami U.S. Military Deployment “The Insurrection Act” by Any Other Name: Unpacking Trump’s Memorandum Authorizing Domestic Deployment of the Military by Elizabeth Goitein The Mounting Crisis of Militarizing Immigration Enforcement by William Banks and Mark Nevitt Mass Deportation Policy and the Constitution: My Testimony Before the Senate Spotlight Forum by Mary B. McCord The Military Parade and Protections of the First Amendment by Hayden Johnson and Katie Schwartzmann Russia-Ukraine War Russia’s Drone-Dropped Landmines Threaten Human Lives and Hard-Won Humanitarian Protections by Mary Wareham Yemen A Strategic Pivot is Needed for Long-term Peace…

Juan Pablo Perez-Leon-Acevedo (Univ. of Oxford) has published Rethinking Attribution Standards for State Responsibility Concerning Mass Atrocities (San Diego International Law Journal, Vol. 26, no. 2, 2025). Here's the abstract: Attribution of mass atrocities to states remains a central and contested issue in international law, particularly when such acts are carried out by non-state actors or through proxy forces. This Article analyzes how states may incur responsibility for mass atrocities by examining the legal standards developed in the Articles on the Responsibility of States for Internationally Wrongful Acts (ARSIWA) and the jurisprudence of the International Court of Justice (I.C.J.). Special attention is given to developments following the adoption of ARSIWA, including the evolving relationship between Russia and the Wagner Group, to assess how legal principles apply in modern conflict settings. While the ARSIWA framework remains applicable, the nature of mass…

The Porter Law Group recently secured a settlement in a significant medical malpractice case involving a negligently performed inguinal hernia repair that resulted in permanent nerve damage to the patient. The case highlighted serious deviations from the standard of care during both the surgical procedure and post-operative care. Has Your Health Suffered Due to Medical Negligence? Let us fight for the justice and compensation you deserve. Contact us today for a free, non-obligatory case evaluation. Contact Us The case centered around a right inguinal hernia repair performed in June 2020, where the surgeon failed to follow established surgical protocols by incorrectly placing surgical mesh outside the inguinal canal rather than reinforcing the inguinal floor as required by standard medical practice. This deviation was particularly…

The Centre for Private International Law & Transnational Governance of the University of Aberdeen is organising a webinar on Cross-Border Protection of Children under the 1996 Hague Child Protection Convention: Practical Perspectives from Contracting States. The event will be held on 30 June & 1 July and is part of a research project led by Professor Katarina Trimmings, which evaluates the effectiveness of the 1996 Hague Child Protection Convention in the UK and other Contracting States. See webinar registration and further details Cross-Border Protection of Children: The 1996 Hague Child Protection Convention | School of Law – University of Aberdeen This research project examines the legal framework for the cross-border protection of children, focusing on the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (‘the 1996…