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The federal law giving federal courts exclusive jurisdiction over patent cases, 28 U.S.C. § 1338(a), does not deprive state courts of the authority to hear a state law claim alleging legal malpractice in an underlying patent case. Henderson v. United States: 11-9307: 2013-02-20
The State Bar Court judges are nominated by a variety of individuals and bodies. Two of its five hearing judges are appointed by the California Supreme Court, and the remaining three are each selected by the Governor, Speaker of the Assembly and Senate Committee on Rules in turn; these judges constitute the Hearing Department, which is the trial level of the State Bar Court. [3]
A Marsden motion is the only means by which a criminal defendant can fire a court-appointed attorney or communicate directly with a judge in a California state court. [1] It is based on a defendant's claim that the attorney is providing ineffective assistance or has a conflict with the defendant. The name comes from the case People v. Marsden ...
The State Bar of California is an administrative division of the Supreme Court of California which licenses attorneys and regulates the practice of law in California. [2] It is responsible for managing the admission of lawyers to the practice of law, investigating complaints of professional misconduct, prescribing appropriate discipline, accepting attorney-member fees, and financially ...
Since its inception SCPLL has provided free public access to legal information. [2] Today, SCPLL is the sixth largest of California's 58 member libraries of the Council of California County Law Libraries (CCCLL), a statewide networking and advocacy organization. The organization has an active role in state legislative efforts in support of ...
Attorney misconduct is unethical or illegal conduct by an attorney. Attorney misconduct may include: conflict of interest, overbilling, false or misleading statements, knowingly pursuing frivolous and meritless lawsuits, concealing evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while neglecting to disclose prior law which might counter the argument ...
Citing McKenna’s remarks, the judge who presided over the trial has vacated the verdict, ordering the case back to court. “I think I have to protect the system and say plaintiffs deserve a new ...
The Idaho Supreme Court found that to require a defendant to show actual innocence in order to proceed with a legal malpractice claim against a criminal defense lawyer would conflict with the presumption of innocence a defendant is to enjoy at trial, disregards harm that may result to a client other than being convicted, and potentially allow a ...
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