JD Journal » breach of contract

Two and a Half Lawyers – Coming Soon to a Courtroom Near You

joshua — Tue, 08 Mar 2011 21:12:31 +0000

I have never been a particularly big fan of Charlie Sheen – his father Martin is by far the superior actor in my opinion – and sitcoms in general aren’t really my thing, so I’ve never seen an episode of Two and a Half Men. Now, it looks like I may miss out on that chance forever, unless I settle for reruns. Warner Bros, the producers of the hit CBS show, finally got around to kicking Sheen off the show this week, citing his erratic behaviour and tabloid lifestyle.

Sheen seems happy with the events. He lawyer, Martin Singer, has dismissed the studio’s reasons for firing his client as specious and has indicated that they plan to sue for breach of contract. Sheen’s contract extends through to the end of next season. Sheen himself made a rather bizarre statement to celebrity blog TMZ, saying ”This is very good news. They continue to be in breach, like so many whales. It is a big day of gladness at the Sober Valley Lodge because now I can take all of their bazillions, never have to look at whatshiscock again and I never have to put on those silly shirts for as long as this warlock exists in the terrestrial dimension.”

Warner Bros looks primed for a fight, having retained the services of Munger, Tolles & Olson in anticipation of a legal battle. In the mean time, the studio is reportedly looking for a replacement for Sheen and may have begun negotiating with Rob Lowe to fill the role. Lowe himself is not exactly a poster boy for clean living, having lived through his share of scandals, and is also close to the Sheen family.

Morning Roundup

sara — Mon, 05 Apr 2010 13:03:02 +0000

Good morning everyone! Today is Monday, April 5, and here’s a look back at Friday’s news…

Day Pitney add two attorneys to their Trusts and Estates practice…

Thompson Hine bolsters it’s practice with the addition of two partners to its IP practice group…

Justice Breyer defends references to foreign law in Supreme Court decisions…

The Justice Department has filed a claim against Kellog, Brown and Root alleging unjust enrichment and breach of contract…

Attorney Cannot Be Prosecuted Over Bad Advice

Erik Even — Tue, 20 Jan 2009 18:47:48 +0000

Defendants Maria Theresa Ramos, left, Rizza Maulion, center and Felix Vinluan are seated in front of their attorneys James Druker, left and Oscar Michelen .

A lawyer facing criminal charges for advising 10 nurses they could quit their jobs at a Long Island, NY nursing facility gave “objectively reasonable” advice and cannot be prosecuted, a Brooklyn appeals panel has ruled.

In a unanimous decision, the Appellate Division, 2nd Department, ruled that District Attorney Thomas J. Spota of Suffolk County must halt his prosecution of attorney Felix Vinluan and his clients.

“We cannot conclude that an attorney who advises a client to take an action that he or she, in good faith, believes to be legal, loses the protection of the First Amendment if his or her advice is later determined to be incorrect,” wrote Justice Randall T. Eng. “Indeed, it would eviscerate the right to give and receive legal counsel with respect to potential criminal liability if an attorney could be charged with conspiracy and solicitation whenever a District Attorney disagreed with that advice.”

The nurses were recruited as a group from the Philippines by SentosaCare, which operates the Avalon Gardens Rehabilitation and Health Care Center in Smithtown, New York.

In April 2006, they left their posts in protest over job conditions. The district attorney accused the nurses of abandoning their patients by leaving their shifts without giving administrators enough notice to find replacements.

They, along with Vinluan, were indicted in March 2007 on 13 counts, including charges of sixth-degree conspiracy, endangering the welfare of a child, and endangering the welfare of a physically disabled person.

Vinluan, after hearing the nurses’ complaints about substandard pay, poor living conditions, changes in work shifts and other alleged violations of their contracts, “advised them that they could resign if they wanted to as their contracts were already breached.”

Justice Eng pointed out that the nurses “did not abandon their posts in the middle of their shifts.” Rather they resigned “after the completion of their shifts, when the pediatric patients at Avalon Gardens were under the care of other nurses and staff members.”

Eng also noted that the state Education Department ultimately cleared the nurses of professional misconduct after taking into account that “no children were deprived of nursing care.”

Since prosecutors did not dispute that Vinluan acted in good faith, Eng held, the attorney could not be prosecuted for giving legal advice to commit an act, which, under the circumstances, was not a crime.

Ward & Smith Welcomes New Attorney [Video]

Erik Even — Wed, 14 Jan 2009 23:38:49 +0000

From LawCrossing:

North Carolina firm Ward & Smith has added litigation attorney Joseph A. Schouten to its group of attorneys.

Schouten represents clients in all phases of litigation, including trial. According to a firm press release, he also counsels clients in cases involving claims of patent infringement, tortious interference with contract, telecommunications, trade secret misappropriation, and breach of contract.

Schouten earned his law degree from the College of William & Mary Law School in Williamsburg, Virginia, where he was Notes Editor of the William & Mary Law Review.

– Jillian Manning