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Arbitration – Litigation Activity – No Prejudice – Litigation Expenses & Strategy – Employee Benefit Plans
Wheeling Hospital Inc. v. The Health Plan of the Upper Ohio Valley Inc. In this dispute between two hospitals and a health system plan over payments under employee benefit plans, the district court erred in saying the Health Plan’s litigation activity meant it “defaulted” on its right to arbitrate the dispute; the 4th Circuit says there’s no per se prejudice from a dispositive mot[...]
Criminal Practice – Plain Error Standard – Jury Instructions – Armed Robbery & Conspiracy to Commit Armed Robbery – No Prejudice
State v. Lawrence When the trial judge instructed the jury on the charge of conspiracy to commit armed robbery, he erroneously omitted the element that the weapon must have been used to endanger or threaten the life of the victim. However, the judge had already correctly instructed the jury on the charge of armed robbery.
Criminal Practice – Discovery – Expert Testimony – Translation – Admissible – No Prejudice – Jury Instruction – Knowledge
State v. Aguilar-Ocampo During discovery, the state produced a transcript of an audio-video recording of the drug deal at issue; however, shortly before trial, the state realized that the translator was not certified by the Administrative Office of the Courts. The state had the recording translated by an AOC-certified translator and provided the new translation to defendant a few days bef[...]
Criminal Practice – Robbery & Assault – Shackles – No Prejudice – Indictment – Speedy Trial – Jury & Jurors – Unanimity
State v. Lee The trial court did not follow the law when it required defendant to remain in shackles during trial because he was financially unable to make bond. However, the error was harmless under the particular circumstances of this case: The trial court clearly and emphatically instructed the jury not to consider defendant’s restraints in any manner, and despite having to presen[...]
Criminal Practice – Jury & Jurors – Request for Transcript – Judge’s Discretion – No Prejudice
State v. Starr The trial court erred when it told the jury that it lacked the technological capability to provide the jury with the transcript it requested. However, the defendant failed to show that the court’s failure to exercise its discretion was prejudicial to him. We modify and affirm our Court of Appeals’ decision to uphold defendants’ convictions of four counts of assault[...]
Criminal Practice – Constitutional – Right to Counsel – Potential Conflict of Interest – Previous Representation of State’s Witness – No Prejudice
State v. Choudhry Where the trial court did not explain to defendant the limitations that defense counsel’s conflict of interest imposed on counsel’s ability to question a prosecution witness – counsel’s former client — regarding her 2003 criminal charges, we are unable to conclude that the trial court established that defendant understood the implications of counsel’s prior r[...]
Criminal Practice – Possession of a Controlled Substance at a Prison – Handcuffed Defendant – Jury Instruction – No Prejudice
State v. Stanley Although the trial court should have instructed the jury that it was not to consider the fact that defendant was handcuffed when it weighed evidence or determined the issue of guilt, given the evidence against defendant and the trial court’s instruction about incarceration, defendant was not prejudiced by the trial court’s failure to give the instruction about the han[...]
Criminal Practice – Incendiary Material – Judges – Laughter – No Prejudice – Sentencing
State v. Herrin Even though the trial judge laughed in open court upon hearing the victim’s testimony that defendant “ran like a bi—- all the way, way down past his house,” defendant failed to show any prejudice arising from the incident. We find no prejudicial error in defendant’s conviction of felonious malicious use of an explosive or incendiary device or material.
Workers’ Compensation – Written Notice – Untimely – No Prejudice – Actual Knowledge – Investigation & Treatment – Appeals – Interlocutory
Gregory v. W.A. Brown & Sons Even though plaintiff's written notice of her compensable injury was not timely, since the defendant-employer had actual notice of the injury, had an opportunity to investigate, and helped plaintiff get prompt medical attention, defendants were not prejudiced by the untimeliness of the written notice. We affirm the Industrial Commission's award of benef[...]
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Commentary
- Amotion sees resurgence after almost a decade
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- Ex-president, bar association have made their choice
- Ruling sharpens boundaries in attorney-client privilege
- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
- Supreme Court leaves key internet protection untouched
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- A roadmap to attracting, developing, retaining great associates
