Murphy Law

Murphy Law Murphy Law is an Overland Park, Kansas based law firm that focuses its practice on business law and litigation.

Clients of Murphy Law are located regionally, nationally and internationally.

Is Roe v. Wade About to Be Aborted?A recent leak of a U.S. Supreme Court draft opinion shows an apparent reversal of th...
05/04/2022

Is Roe v. Wade About to Be Aborted?

A recent leak of a U.S. Supreme Court draft opinion shows an apparent reversal of the revolutionary 1973 abortion rights case Roe v. Wade. A link to the draft opinion appears below.

The draft opinion was written by Justice Alito back in February of 2022, and has been confirmed to be authentic. If the decision, when issued, stands in that manner, the opinion would potentially significantly alter women’s. The opinion reasons that the ruling in Roe v. Wade unjustifiably assumes abortion to be a broadly expressed right included in the constitution. Justice Alito states that this is because the interpretations of the common law relied upon are either irrelevant or just wrongly made.

While this opinion would certainly open the door towards renewed controversy regarding abortion rights and restrictions, it is important to note that the draft opinion does not take any position whatsoever on the rights and restrictions that each state legislatively sets for its citizens. In fact, it reiterates more than once that those decisions belong to the various states, and that the elected state officials voted into office are the proper parties to put into place laws reflecting their position and beliefs. Because of this, it is widely believed that citizens of most states will not be affected by the potential decision, as they already have individual laws protecting abortion rights and regulating restrictions on those rights.

Circulating drafts of opinions between the Justices in the U.S. Supreme Court is common practice, and this marks the first time that a draft opinion has been leaked. The leaked opinion has provoked strong emotions from many, with protests all around the country, both for and against the potential ruling.

It is very important to note that no decision has officially been issued as of this date, and that the official ruling is expected sometime in June.

Credits:
- https://www.politico.com/f/?id=00000180-874f-dd36-a38c-c74f98520000
- https://www.reuters.com/world/us/leaked-us-supreme-court-decision-suggests-majority-set-overturn-roe-v-wade-2022-05-03/
- https://www.supremecourt.gov/about/justices.aspx
- https://news.yahoo.com/supreme-court-roe-wade-leak-investigation-roberts-153559730.html
- https://www.reuters.com/world/us/leaked-us-supreme-court-decision-suggests-majority-set-overturn-roe-v-wade-2022-05-03/

02/14/2022

Murphy Law is a boutique law firm based in Overland Park, Kansas, with another office located in the Crossroads Art District in Kansas City, Missouri. Our practice is focused upon business law and business litigation, representing clients throughout the United States and internationally. Our work environment is generally business casual but professional.

The ideal candidate will have experience in both business law and in civil litigation. This individual will ensure the smooth running of the office and effective case management. This individual will frequently communicate directly with the clients, counsel representing other parties, courts and governmental agencies. We are specifically looking for someone who is friendly and is willing to learn new things. There will be multiple opportunities for gaining valuable experience.

Job Duties:

• Ability to work alone or as part of a team
• Ability to use your judgment and initiative to accomplish tasks
• Good communication skills with clients and others
• Ability to pay very close attention to detail
• Possess strong organizational, analytical, and clerical skills
• Computer skills, specifically including Word, Excel and Adobe Acrobat
• Basic Knowledge of business laws, such as entity formation
• Experience with civil litigation, including handling of discovery productions in both hard and electronic formats
• Electronic submission of business documents and court filings
• Conduct legal research and investigate matters
• Draft communications and various legal documents under supervision of attorney
• Perform other duties as assigned or as needed to assist in smooth operation of the office

Job Type and Requirements:

• Part-Time or Full-Time, depending on candidate
• Some evenings and weekends may be required
• Pay range based on skills and experience starting at $20 per hour
• Health Insurance subsidy
• Participation in 401(k)
• Potential to occasionally work remotely
• Work in both firm locations
• Bachelor’s Degree or equivalent required, with minimum of three (3) years’ work experience as a legal assistant or paralegal

If you are interested in this position, please make sure to include a cover letter expressing your interest in the position.

Congratulations to Ben Murphy and Andrew Murphy on their decision to accept offers to enter University of Kansas School ...
02/09/2022

Congratulations to Ben Murphy and Andrew Murphy on their decision to accept offers to enter University of Kansas School of Law in the fall of 2022.

02/04/2022

Murphy Law Resolves Winter Storm Uri Natural Gas Case

Following the charges to natural gas consumers during the February 2021 Winter Storm Uri, Mark Murphy pursued Federal Court action to protect his client from billings of more than 65 times the charges for the previous year's February period. This was a widespread occurrence for users all across the midwest who obtained their natural gas from marketers rather than state-regulated companies.

On February 14, 2021, Kansas Governor Laura Kelly issued a State of Disaster Emergency Proclamation due to Winter Storm Uri. On February 15, 2021, the State Corporation Commission of the state of Kansas issued its Emergency Order. The Emergency Order recognized that wholesale natural gas pricing was increasing from “10 to 100 times higher than normal.” That Emergency Order required all energy companies it regulates to provide services at normal costs, and defer extraordinary costs to a regulatory asset account, which would allow ratepayer recovery to be addressed in future proceedings.

On March 9, 2021, the Commission issued its order opening investigations regarding the impacts of Winter Storm Uri on natural gas prices. By its order, the Commission prevented Kansas residents from being charged the excessive and outrageous prices by the companies it regulates, which include Kansas Gas Service, preventing them from price gouging/taking advantage of a disaster. As such, the Kansas ratepayers were charged costs in line with the normally expected costs for this time period.

Unfortunately, those orders did not protect the thousands of consumers who contracted with natural gas marketing companies who tout their ability to deliver natural gas to consumers at costs less than the regulated companies such as Kansas Gas Service.

In response, Murphy Law filed a Federal action to protect its client from the costs billed to it which were more than 65 times what it was charged the previous year. Billings like this can easily cause a small business to close its doors when expected costs are in the $2,000 to $3,000 range, but the charges received exceed $100,000 and more.

After the case was initiated, the parties proceeded down the litigation process, but kept discussions going about potential resolution. The matter has now been resolved and Murphy Law's client is able to continue its business operations without the financial disaster that the original billing posed.

02/04/2022

U.S. Supreme Court Strikes Down Biden's Executive Order for COVID Vaccines Affecting Large Employers

From The National Law Review, January 13, 2021:

The U.S. Supreme Court has blocked the Occupational Safety and Health Administration’s emergency “vaccine-or-test” rule mandating private employers with 100 or more employees to institute a policy requiring their employees to be vaccinated against COVID-19 or undergo weekly testing.

The Court ruled 6-3 to block the vaccine-or-test rule on the basis that OSHA had exceeded its authority in enacting the emergency rule. The Court described the rule as “a significant encroachment into the lives—and health—of a vast number of employees.” Had the rule not been rejected by the nation’s highest court, it would have required roughly 84 million workers to be fully vaccinated against COVID-19 or submit to weekly testing and wear a mask at work. Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan dissented.

While blocking the vaccine-or-test rule for large private employers, the Court ruled 5-4 to allow a separate rule to take effect which mandates the COVID-19 vaccine for workers in nursing homes, hospitals, and other facilities that receive Medicare and Medicaid payments from the federal government. The Court reasoned that the regulation serves to protect patients and ensure that healthcare providers take steps to avoid transmitting a dangerous virus to their patients. The Court noted: “It would be the very opposite of efficient and effective administration for a facility that is supposed to make people well to make them sick with COVID–19.” Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Amy Coney Barrett dissented.

02/04/2022

Novak Djokovic Misses Australian Open for Refusal to Vaccinate - May Be Kept Out of France Open

Novak Djokovic is not going to be able to defend his Australian Open title. The tennis star, who was the No. 1 seed in the tournament, lost his appeal agains
t the Australian government's ruling to cancel his visa early Sunday morning, according to the Associated Press. He left the country, headed for Dubai after a unanimous ruling by a three judge panel. The Australian government may still hand him a three-year ban from entering the country.

Three judges upheld a decision made on Friday by the immigration minister to cancel the 34-year-old Serb's visa on public interest grounds, saying his presence might be a risk to the health and "good order" of the Australian public and "may be counterproductive to efforts at vaccination by others in Australia."

Djokovic was scheduled to play his first match in the tournament on Monday against Miomir Kecmanovic, who is also from Serbia. However, Djokovic issued a statement expressing his disappointment with the decision and indicated he will be unable to participate.

The controversy around Djokovic's visa and presence in Australia stems from him not being vaccinated against COVID-19. Every player at the tournament is required to be vaccinated but organizers were allowed to give out exemptions to players.

Djokovic was given an exemption and arrived in Australia earlier in January. Shortly thereafter, he was detained due to a visa issue on paperwork his team filled out. A border official canceled his visa after deciding Djokovic didn't qualify for a medical exemption from Australia's rules for unvaccinated visitors.

The latest events in this regard is that France is passing a law that requires vaccination to be in public venues, which will include the grounds upon which the French Open is held. If Djokovic continues to refuse to be vaccinated, he may be prevented from defending his title at the French Open.

Address

10801 Mastin Street, Suite 790
Overland Park, KS
66210

Opening Hours

Monday 8am - 5pm
Tuesday 8am - 5pm
Wednesday 8am - 5pm
Thursday 8am - 5pm
Friday 8am - 4pm

Telephone

+19136007900

Website

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