A federal judge reluctantly created a "one year filing" rule for the statute of limitations in a Fair Labor Standards Act class action lawsuit, while simultaneously urging Congress to revise the law. S. District Judge Howard Sachs granted conditional certification for a class action lawsuit against a now-defunct trucking company based in St. Joseph. The lawsuit, filed in September 2008, alleges that Mid-Continent Transport failed to pay overtime to its truck drivers.
Legal scholars from across the nation converged in Kansas City last week to grapple with constitutional rights litigation. They homed in on the Civil Rights Act of 1871, specifically Section 1983 of Title 42 of the U.S. Code.
Stevens, in a comparison of common law of torts with the civilian law of derelict, reminds his reader that common law is judge-made law whereas codes of civil law are not although it remains true that the civil law cannot be understood without the clarifications and developments by the courts. While the subject matter and many distinctions made within the volume are second nature to the student and to the practitioner of law, the book, written for the novice, may have value to the professional by calling attention to the judicial reasons that undergird much of the common law of torts, reasons undoubtedly taken for granted.
Federal common law raises constitutional issues and issues of federalism when interpreted as judge-made law. However, rules that fall outside the states' legislative authority and contribute to the maintenance of the constitutional structure do not raise the concerns associated with federal judge-made law. The proposed reconceptualization of federal common law is applied to the act of state doctrine, cases concerning foreign ambassadors, interstate disputes, admiralty and maritime cases, and rules related to the federal government's rights and obligations, including the military contractor defense.
... is generally used to refer to "federal judgemade law"(3) - that is, rules of decision adopted and a...
Misstatements of law made by a prosecutor in his opening statement to a three-judge panel in the penalty phase of a capital case, to which the defendant does not object, will be reviewed for plain error. Because a panel of judges is presumed to consider only relevant, competent and admissible evidence in its deliberation, and the panel declines to impose the death penalty, such error is harmless. Further, a trial court does not abuse its discretion when it sentences a defendant to maximum and consecutive sentences after considering the felony sentencing statutes in R.C. 2929.11 and 2929.12.
LOS ANGELES - It's a Saturday morning and a half-dozen adults are sitting in a high school classroom, staring at grim photos of sickly drug addicts and hearing about the deadly consequences of gang crime. They'd rather not be here, but a judge made them come. The moms and dads were ordered to attend the class under a new California law giving judges the option of sending parents for training when their kids are convicted of gang crimes for the first time.
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