July 30

Legal History

By Karen Conti

Karen Conti is a litigation attorney and owner of ContiLaw LLC. She is a regular legal commentator on CNN and the local Fox affiliate. She hosts a radio show every Sunday on WGN AM 720 from 7 to 9 p.m. to discuss current legal events and to answer listeners’ questions.

Posted July 30, 2020 11:18 AM

1863President Abraham Lincoln issues General Order No. 252, warning the Confederate military that Union forces would shoot a rebel prisoner for every Black prisoner shot. It would also condemn a rebel prisoner to a life of hard labor for every Black Union prisoner sold into slavery.1975Teamsters President Jimmy Hoffa disappears from the parking lot of a restaurant in a Detroit suburb. He was never seen or heard from again and is believed to have been murdered by the mafia. He was declared legally dead in 1982.

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Judge rejects ‘specific patient rule’ in case over false claims, kickbacks

Two of Allergan’s former sales representatives accused the pharmaceutical manufacturer of violating the False Claims Act and Anti-Kickback Statute by using a “speaker program” to give physicians illegal payments for prescribing two of its medications — Linzess and Viberzi — but the company insisted the complaint was defective because it didn’t “identify a specific patient to whom a doctor allegedly prescribed Linzess or Viberzi in exchange for a kickback.”
By Steven P. Garmisa
Estate plans should account for effective disposition of real estate

There is a huge drop in the number of people who are drafting their estate plans since the end of the COVID-19 pandemic. According to USA Today, only 32% of adults acknowledge that they have an up-to-date estate plan.
By Erica Minchella
LinkedIn branding for lawyers: 5 easy, effective posting options

When I started using LinkedIn back in 2007, I knew it would become the huge success story that everyone now knows it to be today.
By Steve Fretzin
Court mulls over contract with survival clause

With no local precedent on the effect of a “survival clause” on the representations and warranties in an asset purchase agreement, the Wisconsin Court of Appeals looked to scholarly commentary and decisions from other jurisdictions when deciding whether the seller was entitled to judgment on the pleadings.
By Steven P. Garmisa
Judge offers guidance for avoiding federal ‘trap’ in med-mal case

Joining a decision from the 6th U.S. Circuit Court of Appeals that affirmed a judgment against two “unwary litigants” who were blindsided by “surprise hurdles” created by a combined operation of the Federally Supported Health Centers Assistance Act and the Federal Tort Claims Act, Circuit Judge Amul Thapar wrote separately “to explain how litigants can avoid these traps and preserve meritorious claims.”
By Steven P. Garmisa
Opinions shed light on how justices view shadow docket

The shadow docket has grown at the U.S. Supreme Court in recent years, especially during President Donald J. Trump’s term. In a recent decision by the court, Labrador v. Poe, Justices Neil Gorsuch and Brett Kavanaugh wrote concurrences, and Justice Ketanji Brown Jackson wrote a dissent. They address issues of emergency applications in some detail.
By Daniel A. Cotter
Lawyer erred on personal representative after learning defendant was dead

Answering a question certified for immediate appeal in a case where the plaintiff didn’t know the defendant was dead when the lawsuit was filed, the Illinois Appellate Court concluded that the maneuver used by plaintiff’s attorney to rectify the problem — having his secretary appointed as “personal representative” of the decedent’s estate under Sec. 13-209(c) of the Code of Civil Procedure and then naming her as defendant in an amended complaint — was the wrong move.
By Steven P. Garmisa
High court says judge erred in trying to ‘rehabilitate’ juror

Guided by the principle that the purpose of voir dire is “investigation, not persuasion” — and bolstered by scholarly commentary that included a 2023 Chicago-Kent Law Review article — the Oregon Supreme Court critiqued a judge’s efforts to “rehabilitate” a prospective juror.
By Steven P. Garmisa