Monday, January 30, 2012

Newspaper not liable for comment by website user

This is an interesting decision about defamation in the age of new technology. The Newspaper was held not to be liable for comments made on the comments section of it's website, even if they maintain some editorial control.
Also, an article calling someone a "birther" and therefore a "racist" is not actionable, as it is merely the opinion of the writer.
I previously mentioned this ruling in a recent Quick Link, but I can write up a full post now that I've seen the actual opinion.

Louisville Lawyer John M. Lally

Friday, January 27, 2012

Beer and the Law.

It's Friday, and thoughts turn to beer.
In honor of Dr. Martin Luther King Jr., last Monday my husband and I found ourselves with three glorious hours to kill midday, while our daughter visited a

Louisville Lawyer John M. Lally

Wednesday, January 25, 2012
For at least some locations, including the San Francisco Bay Area, Gen Y tenants are currently flooding the rental market and increasing competition among tenants. More prospective tenants is obvi...

Louisville Lawyer John M. Lally

Tuesday, January 24, 2012

Lawsuit: Metal found in Shells and Cheese.
Leamon Perkins of Pine Knot in McCreary County has filed a $6.5 million lawsuit against Kraft Foods alleging he sustained a perforated bowel and peritonitis from a piece of metal ingested when he ate microwaveable Velveeta Shells & Cheese.

Louisville Lawyer John M. Lally

Monday, January 23, 2012

4th Amendment Search Rights Apply To GPS Monitoring
WASHINGTON (Reuters) - The Supreme Court for the first time ruled on Monday that police use of a GPS device to monitor a suspect's vehicle was a search and protected by constitutional privacy rights, a test case involving new surveillance technology. 

Louisville Lawyer John M. Lally

Mathematic pattern found in "random" killings.

Interesting article about how mathematicians found a pattern in the seemingly random murders of a serial killer.
Andrei Chikatilo was serial killer who murdered at least 56 young women and children starting in 1978 until his capture in 1990. The details are as bad as one might expect, and apparently the murders and mutilations were how he achieved sexual release. His killings seemed unpredictable to investigat...

Louisville Lawyer John M. Lally

Friday, January 20, 2012

Today is Occupy the Courts Day

Today is "Occupy the Courts" day, a protest of the Citizens' United case, the controversial decision that undermined campaign finance laws and greatly expanded the influence of money in US elections.
Protesters plan national action against Supreme Court decision removing limits on corporate election spending
 ·  ·  · 2 seconds ago

Louisville Lawyer John M. Lally

Thursday, January 19, 2012

It's really weird to see former giants like this going into Bankruptcy. New technology has come along, and old companies are having trouble keeping up. We'll see what happens to the company at the end of the Bankruptcy.
Eastman Kodak filed for bankruptcy protection on Thursday, but the 131-year-old film pioneer says it plans to continue its operations.

Louisville Lawyer John M. Lally

Wednesday, January 18, 2012

My newest website

You can find out more about my office at  There, you will find the contact information, and information about my law firm at the corner of Crescent Avenue and Frankfort Avenue in Louisville.  For twenty years, John Lally has been providing legal services for Louisville and the surrounding areas. (502) 896-4529.

Louisville Lawyer John M. Lally

Citizens United so far

The primaries have gone on long enough for us to see the affect that Citizens United is having on the election. It appears that the Super Pacs are having a huge affect on the Republican primary. Billions of dollars are being poured into the election, and they're not even going after Obama yet. Much of what's being produced is negative (and allegedly false) attacks.
The GOP candidates are eager to complain about the “super PACs” dominating the primary race — but they also reaping the political benefits they offer.

Louisville Lawyer John M. Lally

Tuesday, January 17, 2012

Those cameras are just for when YOU do something wrong.
In Florida, Melbourne police Officer Derek Middendorf is accused of beating a 66-year-old man suffering from dementia. A dash camera shows Middendorf delivering a kick to the stomach of ...

From law professor Jonathan Turley's blog: Police turn off the cameras to beat a suspect with dementia.  Sounds like a lawsuit to me.

Louisville Lawyer John M. Lally

Monday, January 16, 2012

Bullying, in a different setting...

We hear a lot about bullying these days.  Traditionally, these issues have come up in the schools.  Recently, we have seen bullying in social media.  This is a case of bullying in the military.  These men are being prosecuted for manslaughter and negligent homicide in the suicide death of a fellow soldier.
Louisville Lawyer
Louisville Lawyer John M. Lally

Friday, January 13, 2012

Bengals Cheerleader Lawsuit
Cheerleader-teacher pushes lawsuit for online post

A Kentucky High School teacher and Bengals cheerleader is suing the operator of a gossip site for defamation caused by nasty and false public comments about her on the website.  Lawyer for the web site owner defends, saying that it is not responsible for the comments made by other people.
Although this was a particularly nasty set of circumstances, I just wonder how far the application would go if the website operator is held liable.  After all, I look at the web sites of Louisville news outlets, and I find that the public comments following the news items are routinely uninformed, often mean-spirited, and injurious to the subjects of the news items.  Would the CJ or any of the news stations around here be held to the same legal obligations as trashy gossip websites?  I'm specifically thinking about "The Rant" on WHAS 11.  That is a feature that encourages cranky comments from the public on local news stories.  Since WHAS is encouraging this type of comment, will it be more responsible for the things that are said?

Louisville Lawyer John M. Lally

Thursday, January 12, 2012

Small Firm Attorney not Entitled to Same Fee as Big Firm Attorney
Would you sacrifice six weeks of revenue for six years and instead, spend those six weeks toiling pro bono for a snowball’s chance in hell of victory before the United States Supreme Court? Small firm lawyer Alan Gura did.

It seems that there is a caste system in some parts of our legal system.  This decision seems to suggest that a hard-working attorney in a small law firm is not entitled to the same compensation as typically allowed for attorneys in large law firms in cases where excellent results are achieved.

Louisville Lawyer John M. Lally

Wednesday, January 11, 2012

Helicopter manufacturer claims injury from video game's depiction of their product
As if Electronic Arts doesn't have enough litigation on its plate from rivals, athletes, insurers, and game creators, the video game publishing giant is now involved in a fight with the military-industrial complex.

Lawyers for a manufacturer of military helicopters are threatening to sue a video game producer for the use of the helicopters' likenesses in the video games.  They say that the visual appearance of the helicopters is their intellectual property, and that the use of the likenesses dilutes their rights in the design.  The game company claims that the use is fair use.
Louisville Lawyer John M. Lally

Tuesday, January 10, 2012

Censorship in Jeffersonville

A critical student newspaper article offends a local principal.  He imposes a censorship policy.  He also tries to punish students for what they post on Facebook.  The journalism teacher/ newspaper's faculty advisor  is berated in front of her students, and ultimately suspended. Lawsuit ensues.  Lawyers for the Plaintiff say she was suspended "in retaliation for her protected speech and activities as outlined above, including her opposition to the illegal policies proposed by the defendants, her union activities, and her support for students who opposed censorship".
Louisville Lawyer

Louisville Attorney John M. Lally

Monday, January 9, 2012

Words of encouragement for the solo practice attorney

This solo practice attorney gives advice on how to attack the new year 2012.  Focus on the positives, and keep the electric bill paid!  More good advice in the article.
Louisville Lawyer John M. Lally

Louisville Lawyer John M. Lally

Sunday, January 8, 2012

Attorney prosecuted/ disbarred for embezzling from Children's hospital

This report shows just how low one can sink in the pursuit of the dollar.  Attorney is disbarred/ prosecuted for embezzling over a million dollars from a Children's Hospital.
Louisville Attorney John M. Lally

Friday, January 6, 2012
Couple sues prison owner for damages - PRESTONSBURG — The company that owns Otter Creek Correctional Center was sued this week in Floyd Circuit court for damages caused by an escaped inmate. According to the lawsuit filed by attorney Ned ...

A family filed a lawsuit against an operator of a private detention facility for negligence after an inmate escaped, looted their home and stole their car.

Louisville Attorney John M. Lally

Attorney bills client for porn and hookers, and sues his firm when he's canned

This Report from Thompson Reuters
OK, James Hazen, attorney bills his clients for hotel rooms, porn, and escort services. His employer fires him for it. He files a claim with the state Department of Human Rights saying that his firm discriminated against him because of his Bipolar Disorder. Remarkably, the Board awards him $50,000.00 for mental anguish. Even more remarkably, the attorney appealed the award, saying that he should have gotten lost wages of over a half million dollars as well! Luckily, the appeals court sorted this out. Amazing!
Louisville Attorney John M. Lally