Moritz Legal Information Blog

When patient Jeanette Johnson was transferred to a new facility following complications with her gall bladder surgery, Dr. Randall Smith took her hand and said, "I take full responsibility for this.  Everything will be okay." During the subsequent medical malpractice trial, the statement was not admitted, due to Ohio's "apology statute," R.C. 2317.43 .  The jury found in favor of Dr. Smith. Last week, the Supreme Court of Ohio overruled the Eleventh District Court of Appeals and reinstated the jury's verdict, finding that the apology statute did apply to Dr. Smith's statement. You can read the full opinion here and watch the oral argument here . Court News Ohio Legal Newsline

Two recent news stories raise new legal issues regarding online privacy. If you're an attorney (or soon-to-be) looking for work, mining the news to discover these developments can put you ahead of the curve. First, Reddit, a website that bills itself as "the front page of the internet," crowd-sources news stories, sometimes with wildly inaccurate results. According to a recent NY Times article , "[a]fter site members, known as Redditors, turned into amateur sleuths and ended up wrongly identifying several people as possible suspects, Reddit went from a font of crowdsourced information to a purveyor of false accusations, to the subject of a reprimand by the president of the United States himself, to the center of another furious debate about the responsibilities of digital media." While Redditors may argue they're not responsible for misinformation or they have the right to say whatever they want, they might be wrong from a legal standpoint. Conceivably

The question of when to read the Boston bombing suspect the Miranda warnings raises an interesting issue for attorneys: in order to build a case, they're left with the work of police officers and other investigators who acted before attorneys were brought in. Whether, when, and how Miranda warnings were given is at the crux of a huge percentage of criminal cases. For example, Supreme Court: Miranda Warning Not Required for Inmate Questioned About Second Crime in Prison Court Weighs Whether a Prosecutor Can Use a Defendant’s Refusal to Answer a Question Kentucky Students Must be Read Miranda Rights at School if Police are Present Supreme Court Rules Against N.C. in Juvenile Miranda Rights Miranda warning Rights Trimmed Bit by Bit by High Court What does this mean for you? Your job as an attorney is to work with the case and the facts you're given. If a criminal law practice is in your future, become expert on Miranda law and keep current on any chang

When his new phone began speaking during a trial, Chief Ionia (MI) Judge Raymond Voet held himself in contempt (and to the same standards as everyone else in his courtroom).  In violation of his own rule against cellphones, Judge Voet filled out a contempt of court form, fined himself the usual $25, and went downstairs to pay it. ABA Journal Wall Street Journal Law Blog Lowering the Bar

When I moved to Columbus almost a year ago, one of the things I looked into was whether the city or Ohio had breed-specific legislation in place. My pooch came from the Humane Society, and who knows what breed she is, though she could be perceived as a "pitt bull." Fortunately, Ohio had recently amended its laws regarding breed-specific legislation right around the time I was considering moving. Laws affecting pets are numerous, and one could start a practice dedicated exclusively to assisting pets and their owners. Consider it the perfect kind of general practice. Here are a few recent headlines for news stories where legal issues and pets have arisen: In Honor of Kim Kardashian (advice from divorce lawyers, including the best state in which to seek a divorce if custody of a pet is at stake) Owners of Dog Slain by Police are Awarded Attorney Fees ‘Don’t Shoot My Dog’ Bill Moves Forward, Would Require More Police Training How Much is that Doggie in the Window? Not Mu

A few weeks ago in the e-Record , we wrote about DLA Piper's $675,000 fee dispute in which a client was suing the firm for excessive billing. The parties have  settled the case . For more coverage of the suit, check out the ABA Journal .

Two very different deadly explosions this week, one in Texas and one in Massachusetts, have probably left many people with the desire to seek retribution. Prosecutors in both states will have to decide whether criminal charges can and should be brought in both instances, and plaintiffs' counsel will need to research the law to determine what, if any, claims can be brought by their clients. In the Massachusetts case, it seems increasingly clear that jurisdiction will be a big issue---the two suspects may not be U.S. citizens, it certainly seems the federal government has asserted jurisdiction over criminal matters, but what about any private citizens pursuing tort claims against the suspects (or other entities)? In Texas, one of the biggest legal questions is whether (or how), under Texas law, a corporation can be prosecuted for criminal negligence. Perhaps the fertilizer company is not at fault; at this stage, however, any attorneys looking to resolve claims (wither civilly or