Recently added articles from Lawyers USA:

Discovery rule bars switched baby claim, rules 8th Circuit

Aug 11, 2008; Report ... The statute of limitations for the Federal Tort Claims Act barsthe claims of two women who asserted they were switched at birth ina military hospital in 1946, the 8th Circuit has ruled. Two womenfrom the same town who were born in the same hospital on the sameday spent their lives ...

Identity theft conviction must be overturned, rules 1st Circuit

Aug 11, 2008; Report ... A defendant couldn't be convicted of aggravated identity theft inthe absence of proof that she knew the false Social Security numbershe used to commit bank fraud actually belonged to another person,the 1st Circuit has ruled in reversing a conviction. The federalaggravated identity theft ...

Claims for 'lost chance of survival' upheld by Massachusetts' highest court

Aug 11, 2008 ... Massachusetts law permits recovery for the "loss of chance ofsurvival" in a medical malpractice wrongful death action,Massachusetts' highest court has ruled in two cases decided the sameday. The court joined a majority of jurisdictions in recognizingthe doctrine. Fatal stomach ...

DNA from abandoned coffee cup is admissible, rules California Court of Appeal

Aug 11, 2008; Report ... Retrieving a cup left behind at a coffee shop did not violate amurder suspect's privacy rights, and the DNA obtained is admissibleevidence, the California Court of Appeal has ruled in denying amotion to suppress. A detective investigating a 1972 murderobtained DNA samples from the ...

City can't be sued for failure to maintain streets, rules South Dakota Supreme Court

Aug 11, 2008; Report ... South Dakota's governmental immunity statutes have abrogated thecommon-law duty of cities to maintain streets, the South DakotaSupreme Court has ruled. A 16-year-old boy was severely injuredwhen a car his older sister was driving skidded off an icy street ina city park and overturned in ...

Wrongful death action separate from emotional distress claim, rules Tennessee Supreme Court

Aug 11, 2008; Report ... A mother's claim for intentional infliction of emotional distressis separate from her wrongful death claim on behalf of the child shesaw die as the result of a minivan manufacturer's reckless conduct,the Tennessee Supreme Court has ruled. The case resulted from a rear-end auto ...

Bankruptcy trustee can't sell debtor's exempt property, rules 3rd Circuit

Aug 11, 2008; Report ... A bankruptcy trustee couldn't try to sell personal property thathad been declared exempt in a Chapter 7 case, even though the debtorhad undervalued the asset when she claimed the exemption, the 3rdCircuit has ruled. The debtor listed as personal property in herbankruptcy case "business ...

Negligent stepparent may be sued over child's death, rules Tennessee Supreme Court

Aug 11, 2008; Report ... The parental immunity doctrine protects a stepparent from beingsued for negligence only if he genuinely stands in loco parentis toa child, the Tennessee Supreme Court has ruled in denying astepfather summary judgment in a wrongful death claim. Thedefendant had been married to the ...

'Terry' stop can be based on anonymous 911 call, rules 3rd Circuit

Aug 11, 2008; Report ... A taxi driver's anonymous but detailed 911 call detailing adefendant's crime and departure from the scene was sufficientlyreliable to justify a Terry stop, the 3rd Circuit has ruled. Acabbie witnessed a gas station holdup from his cab. He saw aHispanic robber brandish a gun and then get ...

DUI suspect's arrest inside home upheld, rules Illinois Supreme Court

Aug 11, 2008; Report ... Police may follow a drunk driving suspect into a residence toarrest him under the "hot pursuit" exception to the FourthAmendment, the Illinois Supreme Court has ruled. The defendant wasa commercial driver who a police officer attempted to stop after heswerved his vehicle and failed to ...

Former prisoner's [section]1983 claim may proceed, rules 4th Circuit

Aug 11, 2008; Report ... A former prisoner's [section]1983 claim seeking damages for pastconfinement may proceed where his right to habeas relief has beenforeclosed, even though his sentence did not conclude with a"favorable termination," the 4th Circuit has ruled. The plaintiffwas convicted of being an ...

'Reasonable' peer reviewers are immune from suit, rules 5th Circuit

Aug 11, 2008; Report ... The federal Health Care Quality Improvement Act immunizes ahospital and the doctor that headed its peer review committee from acardiologist's claim that they defamed him by investigating concernsabout the quality of his professional care and suspending him, the5th Circuit has ruled in ...

Mental condition mitigates attorney's ethics discipline, rules Missouri Supreme Court

Aug 11, 2008; Report ... An attorney's bipolar disorder and manic episodes mitigate infavor of suspending him rather than disbarring him for repeatedlymisappropriating client funds, the Missouri Supreme Court has ruled.An attorney admitted to his state disciplinary board that hemisappropriated the funds of ...

Former employees can sue for breach of fiduciary duty under ERISA, rules 1st Circuit

Aug 11, 2008; Report ... Former employees can sue under ERISA for alleged fiduciarybreaches that reduced their lump-sum pension benefits from a definedcontribution pension plan, the 1st Circuit has ruled. Employees ofa publicly traded company contributed portions of their salary totheir own investment accounts ....

Host can't be held liable for guest's drunk driving, rules R.I. Supreme Court

Aug 11, 2008; Report ... There is no "social host" liability for homeowners who servedalcohol to a couple who were later injured in a drunk-drivingaccident, the Rhode Island Supreme Court has ruled. The homeownersserved the plaintiff and her boyfriend strong drinks for severalhours before the boyfriend struck a ...

Forum-selection clause in retainer agreement valid, rules 5th Circuit

Aug 11, 2008; Report ... A forum-selection clause in an attorney's retainer agreement isenforceable against out-of-state clients, the 5th Circuit has ruledin sending the case to state court. A Louisiana attorneyrepresented a South Carolina couple in adopting two children. Hisretailer agreement included a forum ...

Vehicle couldn't be searched despite nearby arrest, rules 9th Circuit

Aug 11, 2008; Report ... Police could not search a defendant's vehicle incident to hisarrest a block away because he was not a "recent occupant" of thevehicle, even though he had just parked it, the 9th Circuit hasruled in granting a motion to suppress. A police officer beganfollowing the defendant's car after ...

Work break class action decertified, rules California Court of Appeal

Aug 11, 2008; Report ... Employers need only offer rest breaks to their employees everyfour hours, and need not ensure the timing of breaks is regular orthat meal breaks are actually used, the California Court of Appealhas ruled in decertifying a class of employees. The plaintiffs wereemployed by a large food ...

Arbitration clause not waived by delay, rules 9th Circuit

Aug 11, 2008; Report ... An employer did not waive an arbitration clause in an employmentcontract by refusing an employee's premature request to arbitrate adispute, the 9th Circuit has ruled. A hotel management employee washired pursuant to a contract containing an arbitration provision.The contract ...

Collecting attorney fee may violate automatic stay, rules 5th Circuit

Aug 11, 2008; Report ... An attorney can be liable under the Bankruptcy Code for seekingto collect a fee in violation of the automatic stay, the 5th Circuithas ruled. An incarcerated debtor's former wife hired an attorneyto represent her in a criminal contempt proceeding against thedebtor relating to overdue ...