About Judy Malmon, J.D.

Judy Malmon, J.D. Articles written 163

Judy Malmon has blended law and writing throughout her career. She got her J.D. from University of California, Davis and practiced elder and disability law in California and Minnesota. She honed her writing by drafting appellate decisions in a nationwide class action, writing blogs for law firms, and writing for Westlaw. She loves digging into everyday legal questions, deciphering the complexities of law, and telling personal stories.

Articles written by Judy Malmon, J.D.

Whose Fault is a Drug-Induced Homicide in Florida?

Death caused by fentanyl can be first-degree murder

As the number of drug overdose deaths continue to climb and affect public health, Americans are driven to hold someone accountable. One theory is to prosecute the provision of drugs leading to overdose as homicide cases. Prosecutions vary from state to state, but 23 states currently have drug-induced homicide laws, and several more have such laws in the works. Criminal Liability in Drug-Induced Homicide Cases For having played a role in an overdose death, convictions can range from …

Who's To Blame for Overdoses in Pennsylvania?

Opioid deaths may be prosecuted as homicide in Pennsylvania

As grief-stricken surviving family members mourn the losses of loved ones to opioid addiction, they’re often driven to hold someone accountable. One theory is to prosecute the provision of drugs leading to overdose as homicide. Prosecutions vary from state to state, but to date, 23 states have drug-induced homicide laws. For having played a role in a drug overdose death, convictions can range from involuntary manslaughter to murder, and penalties from two years to capital punishment. Often, …

Do You Have a Duty to Prevent Suicide?

Massachusetts may have limited circumstances of college liability

Han Duy Nguyen was a 25-year-old graduate student at the Massachusetts Institute of Technology (MIT) who had a history of mental health treatment and depression when he committed suicide in 2009 after being chastised by a professor. Nguyen’s parents brought a wrongful death lawsuit against MIT, asserting that the university had a legal duty to care for their son and his well-being, amounting to a responsibility to prevent his suicide. It’s every parent’s nightmare that something tragic …

Breastfeeding Accommodations in the Workplace

Understanding new federal protections for employees who are pregnant or nursing

Recent federal laws have expanded protections for employees who are pregnant or nursing. Here is what you need to know about your employee rights and when to seek legal help. Federal Law Requires Reasonable Accommodations for Pregnant Workers The Pregnancy Discrimination Act of 1978 (PDA) amended the concept of gender-based discrimination under Title VII of the Civil Rights Act to include “pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, or …

Your DNA Goes Where You Do Not

DNA evidence doesn't necessarily mean case closed in Oregon

Watching criminal procedurals on TV, you’ve no doubt learned that your genetic fingerprint is embedded in your DNA, and that you leave this telltale stuff behind you in traces of your skin, saliva, and sweat. As such, with the rise of DNA forensic testing, DNA databases, and genetic testing services from companies like 23andMe, you might think that linking suspects to airtight criminal convictions (or exonerations) through their DNA profile has become a straightforward process. However, you'd …

Can Your DNA Link You to Crimes You Didn’t Commit?

DNA transfer happens even when we don't touch an object, defense attorney says

You don’t have to be able to pronounce deoxyribonucleic acid to understand that our genetic fingerprint is embedded in our DNA and that we trail this telltale stuff behind us in traces of our skin, saliva, and sweat. As such, with the rise of DNA technology, solving cold cases and linking suspects to airtight criminal convictions (or exonerations) has become a straightforward process. Right? Wrong. Common Misconceptions About DNA Testing Criminal defense attorney Kush Arora of Price Benowitz …

Oregon Supports Residential Beekeeping

But beware of local nuisance laws, backyard beekeepers

With honey bee populations facing threats to their habitat and survival, communities are increasingly invested in supporting diverse beekeeping efforts, including urban backyard beehives. What was once viewed as dangerous for a neighborhood setting has largely been embraced as providing important pollinator support. But there are still risks to keeping bees, as well as to living next to them, in a city environment. If you want to keep bees in your own yard, it’s a bit more complicated than …

Your DNA Can Be Stolen

Your genetic code is as available as a discarded tissue in Oregon

Mapping the human genome has provided previously unimagined opportunities to understand biology, the past and the future, and to potentially prevent and cure diseases. As access to genetic testing and genetic information widens, and testing itself becomes affordable and noninvasive, regular folks have access to genetic data that can help find ancestral relatives and reveal genetical proclivities. Your DNA is Out There But easy access has its price in the technological age. It is now possible to …

Covering Your Care Needs in Maryland

As you age, it's important to plan for Medicaid and/or long-term care

If you think estate planning is only for gazillionaires, you may be overlooking important planning for your care as you get older and how this may affect your family members. No one wants to be a burden, and if possible, we’d all like to have something to pass on after a lifetime of working. Merely hoping for the best isn’t a plan and can have devastating effects. For every year you survive beyond the age of 65, you become statistically more likely to have a need for long-term care (LTC). …

Busted for Driving High in Oregon?

Legalization of marijuana does not make impaired driving legal

The legalization of recreational marijuana in Oregon has made its use more common. But, as with alcohol, its legality does not make it acceptable or safe to operate a vehicle while impaired. But while breath tests can measure a person’s blood alcohol content (BAC), impairment from cannabis can be difficult to assess accurately or efficiently. There is no breathalyzer for THC (the intoxicant in marijuana) and even if there was, the drug can affect people very differently. Under Oregon law, …

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