Fastcase - Accelerated Legal Research: June 2009

Tuesday, June 30, 2009

Law Technology News: "Fastcase has the clear edge."

Law Technology News today ran an in-depth comparison of Fastcase and Casemaker - the two most popular legal research services offered by state bar associations - and concluded that although both are valuable, "Fastcase has the clear edge."

The point-by-point comparison, by legal journalist Robert J. Ambrogi, goes feature-by-feature through the two services. On searching, he concludes that;

"Fastcase and Casemaker both describe their search interface as intuitive. Indeed, both are easy to use. But Fastcase is the more intuitive one, largely because of its Google-like simplicity."

Which is exactly the point. At Fastcase, we're working hard to build tools that are easy to use, but also very powerful. One way we do that is to integrate lots of useful data and citation analysis into search results. Ambrogi notes this when comparing the display of search results on both services:

In their displays of search results, Fastcase provides more information and more flexibility. The Fastcase default is to list results by relevance, much as Google would. With a quick click, you can re-sort the results by name or decision date. With another quick click, you can narrow results to a specific jurisdiction. . . . The Fastcase results page displays the name of each case, its relevance ranking, how often it has been cited, and a paragraph excerpt. You can change whether this shows the case's most relevant paragraph or its opening paragraph. A button next to each case lets you easily add it to a print queue.

The review highlights some great features that are unique to Fastcase, like our patent-pending Interactive Timeline that creates visual maps of search results, permanent URLs that allow you to save and share search results and cases, and Fastcase's e-mail a case features as differentiators.

But in the end, he concludes (perhaps with a nod to Wimbledon), "Advantage, Fastcase":

A bar association that offers its members either of these services is giving them a valuable benefit. While both offer comparable research libraries and search tools, Fastcase holds the edge in ease of use and intuitiveness of its features.

Wednesday, June 24, 2009

Being a Lawyer Justifies Buying a Kindle

The ABA offers the following five reasons why lawyers should purchase a Kindle:

1. Read depositions on the go.
2. Secure private documents for travel.
3. Write your novel (about being a lawyer).
4. Read your law blogs.
5. Save cash on ink and paper.

Source: ABA Journal

Monday, June 22, 2009

Fastcase Advanced Bankruptcy Searching Webinar for NACBA, June 23rd

Attention all NACBA members, register today to attend our special Advanced Bankruptcy Searching webinar. Find out more about your member benefit and learn everything there is to know about finding the bankruptcy case law you're looking for.

Click here to register for your webinar at 1pm on June 23rd, 2009.

Should you have any questions, contact customer support from 8am- 8pm at 866-773-2782 or by emailing us at support@fastcase.com.

Friday, June 19, 2009

Salinger Lawsuit Gets Underway

Infamous author and recluse, JD Salinger has received encouraging news regarding his lawsuit against fellow author, Fredrik Colting, for plagiarism. Colting, under the pen name John David (JD) California, wrote "Sixty Years Later", a work that follows Holden Caulfield, the legendary character from Salinger’s most popular work "The Catcher in the Rye", in his old age. While Colting initially claimed that the work was a simple piece of fiction that places Caulfield in an entirely different setting, Salinger has refused to consider it as anything more than a rip-off of his original masterpiece. Following the filing in early June, a Manhattan district court judge has granted Salinger’s request that publication of the new book be halted until a final decision is made. Judge Batt has also made it known that she believes the Caufield character is an inherent part of the copyright that Salinger holds on the novel.

Though Colting has recently changed his explanation of the book, declaring it a commentary on and examination of the relationship between the character and the author, Judge Batt will be faced with a decision as to whether it is exempt from standard copyright laws through the Fair Use Doctrine. Considering the purpose and nature of the work along with its purported effects on the original piece and amount taken from it, will be among the various areas she will need to consider. The intense popularity of "Catcher" for the past several decades, Salinger's fierce determination to keep it from outside interpretation and infrequent appearances has made this a popular case to watch unfold. Despite these factors and the complicated nature of the questions before Judge Batt she has promised a timely decision for both authors.

Source: New York Times, CNN

DOJ Commits to Harsher Hate Crimes Penalties

U.S. Attorney General Eric Holder has made it clear that, going forward, one of the primary goals of the Justice Department will be to fight not only terrorism abroad but the growing number of domestic threats as well. In statements before both the Washington Lawyers Committee for Civil Rights and Urban Affairs and the Senate Judiciary Committee, Holder asked Congress to enact new legislation that would implement harsher penalties for those guilty of hate crimes.

The original hate-crime law (18 U.S.C. Sec. 245 - log into your Fastcase account to read the full statute.) passed in 1969 is still in effect today with few changes to its initial interpretation. Currently, crimes committed because of one’s race, nationality, religion or color are considered hate crimes and can result in anything from one year in prison to a death sentence depending on the severity of the crime. While murder, or the intention to kill, in the course of a hate crime is punishable by life in prison or the death penalty, threats or possession of weapons for the same lead to a maximum of ten years in a federal penitentiary.

Another point of contention is that crimes against an individual based on their sexual orientation, gender identity and disability are not classified as hate crimes, despite their nature to target and terrorize a particular group. The Attorney General's call for action comes after the House passed H.R. 1913, redefining hate crimes to include the aforementioned categories, earlier this year. The bill still faces a vote in the Senate but following the DOJ's proposition, it may face significant changes to its enforcement and penalties provisions.

Source: MSNBC

Wednesday, June 17, 2009

Buying the Right Smartphone

Check out Gizmodo's guide for buying the best Smartphones. Here's what they rated:

iPhone 3G S
iPhone 3G
Palm Pre
Android G2
BlackBerry Storm

Additionally, Above the Law surveyed attorneys to find out what kind of devices they are using. They concluded that Blackberry is the attorney tool of choice but that the iPhone is catching up quickly. Above the Law also did a post on the best iPhone apps for lawyers which might interest you.

Find other smartphone reviews at:
Consumersearch
cnet
MSN.com

Source: Gizmodo

Blogger Goes to Court in the UK

The 100 million strong English language blogosphere is now missing one of its more popular residents from the UK. A High Court ruling in London this week determined that blog anonymity could be no more. A detective from Lancashire County, who has maintained a blog outlining his work and experiences in the department, was uncovered recently despite attempts to remain unknown. Though he had removed personal or otherwise revealing details from the cases he discussed on the blog, other members of the constabulary were able to identify them as ones that had come through their department. After some investigative work by a British journalist, Officer Richard Horton's identity was revealed. Horton brought charges against the journalist but has now lost his case along with the hopes of bloggers throughout the United Kingdom. Officer Horton brought attention to himself and his blog when he began encouraging the public through his internet journal to act out against the police and the state as he believed them to be acting inappropriately in their given positions. The judge for the High Court determined that no person has the right to expect anonymity in such a fundamentally public sphere.

While no such case has ever come before a U.S. court, controversy abounds over the rights of bloggers. A simple search on blog anonymity produces a range of articles varying from how to make your blog anonymous and why you should maintain anonymity to how to expose the anonymous blogger and why their decision to stay in hiding is less than heroic. Just as the "Night Jack" blog from England served dual purposes in its opinion sharing and whistle-blowing capacities, many American bloggers have turned to the latter function for their own blogs. Feeling unable to expose the indecencies of their industries in public, many citizens have turned to the blogosphere to air their grievances in hopes of catching the eye of someone who can and will do something. Whether their intentions are good or bad, it probably won’t take long before the U.S. sees its own case of blog v. state.

Source: BBC News, TimesOnline

Tuesday, June 16, 2009

American on Trial in Italy Speaks Out

A study abroad trip, intended to last one semester, could turn into a lifetime commitment for Amanda Knox, American citizen and student of the University of Washington. Knox arrived in Italy during the fall of 2007 to study and improve her Italian, but faced rather different circumstances after becoming a prime suspect in the murder of her roommate, Meredith Kercher. A year and a half later, Knox speaks fluent Italian, a result of her time in jail as opposed to the classroom.

This past week, Knox appeared in court to provide her version of events the evening Kercher was murdered. After initial interrogations, Knox had stated she had been in the apartment when Kercher was killed but later retracted those statements. In her most recent appearance, Knox claims she was beaten and forced into providing police with what has been interpreted as a confession throughout the investigation and trial. It has been duly noted that a defendant's testimony in court is not under oath as it is in the U.S., or for witnesses in the Italian system, meaning any and all statements made by defendants face even more skepticism in regards to their honesty.

The Italian Judicial system does not seem much different from that of the United States on paper, but Knox undoubtedly faces a much different trial in Europe than she would in her home country. If Knox was in fact coerced into providing certain statements in the days following Kercher's murder, she is protected by Article 13 of the Italian Constitution and the testimony would have to be thrown out entirely. A judge will decide whether or not Knox, along with her former boyfriend, Raffaele Sollecito, are guilty of the murder based upon little evidence and a great deal of testimony by character witnesses.

The Amanda Knox trial has become infamous at home and abroad in large part due to the attention tabloids have paid to the young American's behavior. Social networking sites have lent a hand in this portion of the trial as photos have been lifted from her Facebook page in order to paint what the Italian's have come to believe is a clear picture of a wild and promiscuous student's lifestyle. While there are several person's of interest in the case, none of their testimonies coincide and without any concrete physical evidence, both the prosecution and defense have been forced to turn to character interpretations to persuade the judge. The case is expected to be decided by the end of summer with Knox facing up to life in prison.

Source: New York Times, Washington Post

Thursday, June 11, 2009

Attorney E-Filing Mistakes Result in Dismissals

Last week, two different federal appellate courts dismissed cases where attorneys did not comply with e-filing rules. Here are some tips based on the rulings in those cases:

1. Make sure you're filing the right document.
In the first case, the plaintiff filed what it thought was a notice of appeal on December 26, five days before the deadline on December 31. However, the document was instead a request for oral argument that had been mistakenly been filed. The electronic docket showed that the plaintiff had been notified of it's mistake and that the plaintiff had refiled within five working days (in accordance with local rules). The 5th Circuit ruled that the plaintiff's appeal had to be dismissed without any consideration on the merits because the request for oral argument did not constitute a notice of appeal and because the local rule did not operate to extend the applicable deadline.

Read the 5th Circuit Opinion, Kinsley v. Lakeview Regional Medical Center, from June 3, 2009 on Fastcase. (The link will bring you to our homepage, login to go directly to the opinion.)

2. An accidentally deleted email is not an excuse for missing a deadline.

In the second case, the losing party claimed to have not received the email notifying them that the trial court had issued a final order. At an evidentiary hearing, the court determined that the losing party's email system had received the email, and that someone at the law firm must have accidentally deleted the email leaving no record of it. The 8th Circuit determined that this was not a legitimate excuse for filing to file a notice of appeal in a timely fashion.

Read the opinion, American Boat Company, Inc. v. Unknown Sunken Barge, from June 4, 2009 on Fastcase. (The link will bring you to our homepage, login to go directly to the opinion.)

If you're interested, the ABA has a list of electronic filing court rules for select jurisdictions here.

Source: Law.com

Wednesday, June 10, 2009

Free Book of the Month: The Lives of the Chief Justices of England

Click here to download.

Source: Google Books

Coleman is Still Running for Senate

Norm Coleman will continue his legal battle with Al Franken for the U.S. Senate seat on the Minnesota ballot back in November. When Minnesota Governor Tim Pawlenty announced that he would not be seeking a third term, there was speculation that Coleman might gracefully back out of the race and make a run for governor. Instead, sources close to Coleman say they doubt he will quit before the U.S. Supreme Court Rules on the case. (A ruling is expected from the Minnesota Supreme Court any day).

Minnesota Public Radio reports that a PAC calling itself the Progressive Change Campaign Committee reports that it's raised $150,000 asking people to give $1 for each day that Norm Coleman does not concede the Minnesota Senate race.

Click here to read our previous post about the Coleman/Franken case in the Minnesota Supreme Court.

Source: Politico

Notable Morning Stories ...

Uncertainty in Law Circles Over New Rules for Judges
~ The New York Times

Organized theft up against retailers
~ Reuters

Top judge assassinated in S. Russia
~ Ria Novosti

DOJ steps up Google Books settlement probe
~ Cnet

Tuesday, June 9, 2009

Inside Look at a Justice's Lifestyle

U.S. Supreme Court Justices are notorious for their unobtrusive lifestyles, keeping themselves out of the press, for the most part, and refusing to disclose information regarding their decision-making or feelings about a case. As they attempt to maintain a certain level of secrecy regarding their position as the most powerful judicial interpreters in the country, there is one aspect of their personal lives that has been difficult to keep quiet. Every year, the financial records of the Justices are made public, outlining not only the salary they bring in, but also their investments, income from side projects and various gifts received throughout the year.

Each of the nine Justices makes just over $200,000 serving on the high court, with Chief Justice John Roberts bringing in about $10,000 more than his colleagues. Beyond their modest salary, outside ventures have been notably more lucrative. With assets built from book royalties and wise investments, the majority of the Court's members are considered millionaires, providing an interesting insight into the makeup of this distinguished group.

This year, with one veteran Justice on his way out and a nominee waiting for confirmation, the disclosures did not stop at the usual nine. Judge Sonia Sotomayor had her own finances examined this week, including an in-depth comparison to her potential colleagues.

Source: Law.com, New York Times

Monday, June 8, 2009

Today At the Supreme Court

On a busy Monday in the high court, the Justices issued a number of opinions and granted cert to a few more, but failed to do so in one case that would have drawn monumental attention. We'll highlight just a couple of the stand-out moments below:

In the case of Caperton v. A.T. Massey Coal Company Inc., et al., the majority made a landmark decision (5-4) regarding the position of state supreme court judges in cases involving parties that have contributed to their campaigns. Although Justice Kennedy, for the majority, opined that not all contributions lead to bias, the amount of money in question in this particular case led to a strong feeling it could not be decided in a fair manner for both sides. State guidelines regarding when recusal is necessary were unclear in West Virginia, the state in which the case originated, paving its way to the U.S. Supreme Court.

The Justices also determined it was not yet time to hear the Constitutional argument regarding H.R. 2401, used by the military since 1994. The "don't ask, don't tell" policy, as it is more commonly known, was challenged on the grounds that it keeps openly homosexual individuals out of the military. As it stands currently, there is no constitutional right to serve in the military. It was this provision that individuals opposing the policy were hoping to have changed if the Court had chosen to hear the case.

Source: The Washington Post

Notable Morning Stories ....

A decade after it launched, a look at Napster's legacy

~ BBC News

Super Chirp: Making it simple for people to get paid for their tweets

~ gaurdian.co.uk

Some DOJ Lawyers Who Questioned Waterboarding Agreed it Was Legal

~ ABA Journal

Sweden's Pirate Party captures Euro seat

~ Reuters

Friday, June 5, 2009

True Stories About Social Media Saving the Day

Twitter Network Critical for Disaster Recovery Operations
     A Twitter network helped Dr. Maurice Ramirez (ER physician and disaster preparedness consultant) and his partners (Red Cross and Loews Emergency Response Team) find supplies like water, gasoline, food, and electricity. During Hurricane Ike, they also used Twitter to warn workers in Galveston that they needed to evacuate. Now, he's looking to set up a private network on either CollectiveX or Ning where agencies can post problems and solutions for one another.

Finding Medical Care in Argentina
   Fellow Twitterers offered advice for an American woman living in Argentina whose husband became so sick he was unresponsive. She learned that for $15, a doctor will make a house call, and that your follow up visit to the hospital will be easier with that doctor's referral.

Finding Veterinary Care in Beirut

     A dog owner living in Beirut was able to connect with a vet who was able to advise her that the dog was having a seizure, needed to be in a dark room, and should be spoken to soothingly.

Finding Raincoats for the Homeless
   Around 150 homeless people were waiting outside a shelter in California and it was about to rain. A volunteer used Twitter to find out where he could get a bulk rate (immediately) on raincoats. While he was on his way to the store, a follower blogged about the cause and raised $453 dollars - enough for over 100 raincoats.

Lawyers Using Social Media
Click here to read our previous story about how lawyers can user social networking sites.

Source: Mashable

Notable Morning Stories...

Apple Planning to Introduce Affordable iPhone
-Financial Times

LPGA Golfers Won't be Twittering From the Course
-Mashable

DOJ Admits Evidence Withheld in Alaska Corruption Cases
-Blog of Legal Times
-NPR

Would GPS have made a difference?

With the most recent airline tragedy still puzzling officials from around the globe, analysts in the U.S. are looking towards options that will make this type of occurrence easier to handle and even more rare. The possibility of replacing the relatively ancient radar systems with satellite controlled GPS devices is hardly a new topic as the U.S. government has been considering the switch for over a decade. In the past, the $35 billion initial investment caused the Federal Aviation Administration to drag their feet but the renewed concern over planes making the Trans-Atlantic, or worse, Pacific, flight might be enough to make them move more quickly.

With the radar in place now, the same system used during WWII, planes can only be tracked when they are within 200 miles of the coast, leaving them virtually alone as they cross vast expanses of water. With the proposed integration of GPS, not only would airlines be able to save valuable time and money currently spent on the necessarily indirect routes, but pilots would also benefit from improved notification of storms or other possible obstructions. Even if the GPS was unable to stop a plane from going down, the information it would transport back to air traffic controllers would be invaluable in determining where to look and what happened.

Many are questioning how it is possible that GPS systems are being used on a individual basis but still have not been incorporated into the world of aviation. Criticism before this week focused on wasted fuel and money but safety is now becoming the prime motivation for making the switch. While the accident did not involve an American airline, the possibility of wrongful death suits that could come out against AirFrance as they have in the past, may be enough for the U.S. to implement GPS systems sooner than anticipated.

Source: MSNBC, Associated Press

Woman Suing Sacha Baron Cohen (Borat) For Injuries Sustained in Bingo Struggle

Richelle Olson is suing Sacha Baron Cohen (Borat) for $25,000 for injuries she sustained in the filming of his new movie, Bruno (due for release July 10, 2009). Cohen's fashion pundit alter-ego, Bruno, was participating in a bingo fundraiser for nursing students when he begin using obscene language while calling a bingo game.

Olson (an elderly woman) claims that Cohen pushed her over when she tried to take the microphone away from him and that the cameramen attacked. She also claims that when she ran from the stage, she fainted and fell and suffered bleeding in her brain. As a result, she is confined to a wheelchair (SF Chronicle).

It's not clear whether this footage will be included in Bruno.

Source: BBC

Thursday, June 4, 2009

Webinars from Fastcase: Check for Free CLE Credits!

Notable Morning Stories ...

Interested in a Palm Pre? Check out Engadget's Review
~ Engadget

2 U.S. Journalists on Trial in N. Korea
~ The New York Times

What makes a good search engine name?
~ BBC News

Facebook eliminates regional networks
~ Facebook Blog

Wednesday, June 3, 2009

Starbucks Wins Dismissal of $86 Million Labor Law Verdict

Starbucks shift supervisors rejoice! A California appeals court has ruled you can keep your tips. Starbucks also will avoid an $86 million dollar judgement against them for allowing shift supervisors to collect a portion of the days tips. Starbucks policy is to allow an equal distribution of the tips to all those working that day. A group of baristas filed suit, claiming that shift supervisors are in management, and under California law, they should not be allowed to claim any of the tips left by customers. The Leighton v. Old Heidelberg, Ltd. case was seen as the precedent for the baristas claim (Fastcase Subscription or free 24 hour trial required).

The court found that since tips are gathered collectively and distributed equally among all employees that Starbucks was not in violation of the law. The appeals judge stated that "there is no logical basis for concluding that §351 prohibits an employer from allowing the shift supervisor to retain his or her portion of a collective tip that was intended for the entire team of service employees." Read the full text of the ruling here.

Source: Law.com

Congress on Sotomayor: A Very Brief History

Mitch McConnell: "I opposed her nomination yeas ago...I'm taking a fresh look."

Diane Feinstein: She has respect for abortion precedent.

Harry Reid: She has "an underdog appeal."

Jeff Sessions: Looking to push the confirmation hearings back to September.

While Sotomayor's meetings with lawmakers are, in part, a formality their importance cannot be discounted - many Republicans and Democrats cite Harriet Miers' collapse to poor performance in her meetings with Senators. Reportedly, John Roberts was a real hit.

Source: Washington Post

Fastcase Webinar for the Illinois State Bar Association, June 4th

Attention all ISBA members, register today to learn all about your member benefit along with some great how-tos, tips, and tricks for using Fastcase.

Click here to register for your webinar at 12pm EST on June 4th, 2009.

By attending our quick and informative webinar covering a wide range of legal research topics on the 4th, you will earn .75 hours of MCLE credit including .75 hours of PMCLE credit. Don't miss out!

Should you have any questions, contact customer support from 8am- 8pm EST at 866-773-2782 or by emailing us at support@fastcase.com.

Monday, June 1, 2009

Case Spotlight: California Supreme Court Opinion Upholds Prop. 8 Same-Sex Marriage Ban

The California Supreme Court has upheld the same-sex marriage ban of last year's Proposition 8 in a 6-1 decision. The Court unanimously agreed to let stand marriages that predated the proposition.

To read the full text of the opinion on Fastcase, click here (Fastcase Subscription or Free 24 hour trial required).

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