In the 2009-2010 term, the U.S. Supreme Court will decide if it matters whether a criminal defense lawyer correctly counsels a client about the fact that the client faces deportation as a result of a guilty plea. Under prevailing constitutional norms in almost every jurisdiction, a lawyer does not have a duty to tell her client about many serious but "collateral" consequences of a guilty plea. Yet, in every jurisdiction that has considered the issue, that very same lawyer will run afoul of her duties if she affirmatively misrepresents a collateral consequence—every jurisdiction, that is, except Kentucky. The Supreme Court of Kentucky recently held that when there is no duty to warn about a consequence because it is collateral, misadvice about that same consequence is not a consti...
... of a criminal conviction can adequately protect the constitutional values surrounding guilty pleas...
summary judgment; assault and battery; invitee; duty to protect or warn of third-party criminal acts
Because the video cart barrier was open and obvious, and the attendant-circumstances exception is inapplicable, defendant store owner owed no duty to protect or warn plaintiff of the hazard. Therefore, summary judgment was appropriate.
Attempts to obtain a transcript of the mayor's remarks or copy of the prepared text were unsuccessful. A mayoral spokesman declined to provide prepared remarks and said no press release or transcripts were available. The spokesman said it is "unfortunate" when the actions of a few officers diminish public trust. It was pointed out that the mayor's remarks apparently didn't focus on the obligation to serve and protect or strongly warn recruits that violations of citizens' rights and criminal misconduct, like beating a 90-pound woman for no reason, would result in loss of police powers and criminal prosecutions. It's obvious a major theme of the mayor's remarks focused an awareness of public scrutiny and expectations. Not bad. But coming the heels of off-duty officer Anthony Abatte's vide...
Defendants motion for summary judgment granted and judgment rendered in favor of defendant.
... that defendant breached a duty owed to her both by failing to prevent the assault and... alleges that defendant owed a duty to protect her from Wolfe’s tortious conduct. Howeve...
..., a severe neurological disorder, warning labels forthe drug have been strengthened and clar... these allegations as true, thestate-law duty required the Manufacturers to use a differe...Brief 34-35. That is because patent protections ordinarily prevent generic drugs from arriving on ...
A baseball park operator doesn't have a duty to warn or protect non-patron spectators who are injured while chasing foul balls that are hit out of the stadium, New York's highest court has ruled. The plaintiff's 14-year-old son chased a foul ball that came out of the park into traffic. He was struck and injured by car driven by a drunk driver.
...Fabend claims that the defendants had a duty to warn him of a dangerous shorebreak condition at..., whether appellees had a duty to warn or protect him, is a question of law. Turbe v. Gov't of the V...
... of his claim, that the defendant owed a duty to protect him from the type of injury sustained. ...2d (continued..) landowner has no duty to warn of a potentially dangerous condition that “sho...
... landmark case that established a therapist's duty to protect a patient's intended victim (3)--Florid...
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