In his book, Logic for Lawyers, Judge Ruggero Aldisert emphasizes the process of analogy as one of the most importance studies that an appellate lawyer can learn. He writes: Analogies can be considered the most important aspect of the study and practice of law. It is the method by which putative precedents are subjected to the acid […]
The United States Sentencing Commission has released its proposed amendments to the guidelines manual effective 1 November 2009. Below is a summary of some of the major changes. ID Theft: In cases involving means of identification, there will no longer be any requirement that an individual suffer pecuniary harm to be counted as a “victim.” The guideline’s […]
In Nicholas v. KBR, Inc., No. 08 – 20140, the Fifth Circuit court of appeals had to decide whether a plaintiff waived her contractual right to arbitration when she filed suit in state court. The Fifth Circuit held that she did. James Nicholas was an employee of KBR when he developed mesothelioma. He signed a written severance package with KBR […]
