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Author Archives: Pat Murphy

Daughter’s ‘culture shock’ no reason to cancel deportation

BOSTON, MA — Whatever one’s position is on illegal immigration, most would agree that rarely are there good solutions when children are caught up in the federal government’s efforts to remove those who entered the country without proper documentation. For ...

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Second Circuit: Writing requirement violates Fair Debt Act

A debt collection notice violated federal law by stating that the debtors could only dispute the validity of their debts in writing, the U.S. Circuit Court of Appeals for the Second Circuit ruled in reversing a dismissal, Hooks v. Forman, ...

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Tax convictions increased in 2012, IRS reports

The Internal Revenue Service obtained 12 percent more tax convictions in 2012 than it did in 2011, according to an annual report on the agency’s criminal investigation operations. “The key to our successes is perseverance and dedication to working complex ...

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Court to clarify ‘non-infringement’ burden of proof

The U.S. Supreme Court will decide whether a patentee bears the burden of proving infringement when its licensee brings a declaratory judgment action to establish non-infringement. The court will review a decision from the U.S. Court of Appeals for the ...

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Supreme Court: Decision clarifies bankruptcy discharge standard

The U.S. Supreme Court has clarified that proof of malicious intent is not required to prevent the bankruptcy discharge of a debt that arose from a trustee’s self-dealing. “Where actual knowledge of wrongdoing is lacking, we consider conduct as equivalent ...

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Attorney wins client verdict of $130M

Defense attorneys were having a good laugh back in 2009. The snickering was over the story of a well-known medical malpractice lawyer who lost his case after turning down an $8 million settlement offer. But no one’s laughing now. Manhattan ...

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Lawmakers look to ban arbitration

Senator Al Franken, D-Minn., has reintroduced a bill that would prohibit the enforcement of mandatory arbitration clauses against employees and consumers. The Arbitration Fairness Act of 2013, introduced this month as S. 878, provides that “no predispute arbitration agreement shall ...

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Court of Appeals deals with roaming cow

When a non-local imagines New York state, it’s hard not to think of New York City with its millions of people crammed among towering concrete and steel boxes. But anyone who has actually driven through the state, or lives here, ...

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