Lawyers USA back issues from July 2007:
Hotel lawyers adapt as cyclical industry recovers from post-9/11 doldrums
Jul 02, 2007; ... Following a potentially disastrous slump after the Sept. 11terrorist attacks, hotels are now in the midst of a major boom - andso are the practices of lawyers who focus on the industry. "We're enjoying some of the best times that we've had in decades,"said Los Angeles hotel lawyer ...
The counselor of the Northeast Kingdom
Jul 02, 2007; ... A few years after Duncan Frey Kilmartin began practicing law inthis northeastern Vermont outpost, an irate local man threatened himand his family. Kilmartin called his wife, Gail, and asked her to put his pistolin a paper bag and bring it to his office. Then he told her to ...
'You're wearing THAT??'
Jul 02, 2007; ... Few attorneys employ sartorial strategies as bold as the oneunveiled last summer by 68-year-old New Zealand lawyer Rob Moodie,who decided to start wearing dresses to court. Moodie's fashion display came to an end this February when a judgeheld him in contempt for releasing sealed ...
Plaintiffs' lawyers hail Guidant ruling
Jul 02, 2007; ... A recent ruling by a federal judge has cleared the way for thefirst trial over Guidant Corp.'s flawed heart devices to begin July30 in Minneapolis, Minn. Leopoldo Duron Jr., a 73-year-old California resident, allegesthat Guidant officials concealed information from doctors ...
U.S. Supreme Court rules passengers can challenge searches after traffic stops
Jul 02, 2007; ... Defense attorneys and civil liberties advocates are hailing theU.S. Supreme Court's recent ruling that passengers in a car pulledover during a traffic stop are seized for purposes of the FourthAmendment and have the right to challenge the constitutionality of asubsequent ...
U.S. Supreme Court rules sentence falling within fed guidelines presumed reasonable by appeals court
Jul 02, 2007; ... The U.S. Supreme Court ruled recently that a sentence that fallswithin the recommended federal guidelines may be presumed reasonableby an appeals court. Several criminal defense lawyers said the decision in Rita v.U.S., No. 06-5754, would likely encourage federal district ...
Family responsibilities discrimination claims on the upswing
Jul 02, 2007; ... As the number of cases alleging family responsibilitiesdiscrimination continues to rise, the Equal Employment OpportunityCommission recently issued guidelines to address the topic. According to the agency, its guidelines on "Unlawful DisparateTreatment of Workers with Caregiving ...
Arizona Supreme Court rules city can't be sued over placement of traffic signal
Jul 02, 2007 ... A city can't be sued over its failure to place a traffic signal atan intersection where a boy was killed, the Arizona Supreme Court hasruled in affirming a summary judgment. The plaintiffs' 13-year-old son was struck and killed by a carwhile crossing an intersection in Phoenix. The ...
Attorney fees in 'wasteful' Fair Debt suits may be reduced rules 1st Circuit
Jul 02, 2007 ... Plaintiffs who are only minimally successful in a case claimingviolation of the federal Fair Debt Collection Practices Act may havetheir attorney fee awards substantially reduced, the 1st Circuit hasruled. A married couple brought a Fair Debt suit against a collectionagency for ...
N.J. Appellate Division rules former partner's malpractice covered by law firm's policy
Jul 02, 2007 ... A law firm's insurer was required to provide a defense andindemnification to a former partner for malpractice he allegedlycommitted subsequent to his departure from the firm, the New JerseyAppellate Division has ruled. The partner handled "problem cases" referred to him by his ...
6th Circuit rules expert testimony not required to establish undue hardship
Jul 02, 2007 ... A debtor who claimed he suffered from a debilitating illness wasnot required to introduce expert medical testimony to establish anundue hardship for his Chapter 7 bankruptcy discharge, the 6thCircuit has ruled. The debtor filed a voluntary Chapter 7 bankruptcy petition. Hesought ...
U.S. Bankruptcy Court in N.J. rules no 'means test' for converted Chapter 7 bankruptcy
Jul 02, 2007 ... A debtor who files for Chapter 13 bankruptcy, and then converts toChapter 7 due to a change of circumstances, is not required to file a"means test" calculation of monthly income, a U.S. Bankruptcy Courtin New Jersey has ruled. The case involved a debtor earning $57,000 annually ...
4th Circuit rules federal statute preempts state-law usury claims
Jul 02, 2007 ... The Federal Deposit Insurance Act completely preempts state-lawusury claims against state-chartered, federally insured banks, the4th Circuit has ruled. The defendant was sued in state court for non-payment on herDiscover Card account. When she counterclaimed, challenging ...
Connecticut Supreme Court rules members of LLC may be liable for unsolicited faxes
Jul 02, 2007 ... Two members of a limited liability company may be personallyliable for the sending of unsolicited fax advertisements in violationof the federal Telephone Consumer Protection Act, the ConnecticutSupreme Court has ruled in reversing a summary judgment. The plaintiff sued under the ...
N.J. Supreme Court waives reporter's privilege by disclosure to officials
Jul 02, 2007 ... A news reporter cannot protect the confidentiality of materials hepreviously disclosed to county and municipal officials, the NewJersey Supreme Court has ruled. The defamation case involved a newspaper reporter who disclosed tocounty prosecutors and a municipal attorney the name ...
6th Circuit rules sovereign immunity bars state court from approving settlement transfer
Jul 02, 2007 ... Federal sovereign immunity deprives a state court of jurisdictionto approve a transfer of structured-settlement payment rights from anannuity funded by the federal government to settle a claim made underthe Federal Tort Claims Act, the 6th Circuit has ruled. A man injured by a ...
Pennsylvania Supreme Court rules arbitration clause in mortgage agreement may be enforceable
Jul 02, 2007 ... A sub-prime residential mortgage which reserved the lender's riskto seek judicial remedies in foreclosure did not make the agreement'sarbitration clause presumptively unconscionable, the PennsylvaniaSupreme Court has ruled in answering a certified question from the3rd Circuit ....
U.S. COA, D.C. Circuit rules patient-psychotherapist communications are not discoverable
Jul 02, 2007 ... A plaintiff who was not seeking damages for emotional distress didnot place his mental state in issue by acknowledging that he suffersfrom depression - and therefore his communications with his therapistare privileged and not discoverable, the D.C. Circuit has ruled. The plaintiff ...
U.S. Supreme Court rules prep school must obey recruiting restrictions
Jul 02, 2007 ... Private preparatory schools do not have a First Amendment right tosend letters and make phone calls to prospective student athletes torecruit them, when such contact violates a no-recruiting rule theschool agreed to obey, the U.S. Supreme Court has ruled. A voluntary, ...
N.Y. Court of Appeals rules state can deny driver's license to undocumented aliens
Jul 02, 2007 ... A state has the authority to deny driver's licenses toundocumented aliens, New York's highest court has ruled. A group of immigrants living in New York claimed that theDepartment of Motor Vehicles deprived them of their constitutionalright to equal protection under the law when it ...
California COA rules borrower can sue for source-of-income discrimination
Jul 02, 2007 ... A borrower could sue for source-of-income discrimination where alender denied her mortgage loan application on the basis that she wasa home day care operator, the California Court of Appeal has ruled inreversing a dismissal. The plaintiff was a licensed home day care operator. The ...
6th Circuit rules party has privacy rights in stored e-mail
Jul 02, 2007 ... A reasonable expectation of privacy exists under the StoredCommunications Act for e-mails stored with, or sent or receivedthrough, a commercial internet service provider, the 6th Circuit hasruled. The case involved a federal wire fraud investigation of theplaintiff's company ....
2nd Circuit rules police can be sued for ignoring exculpatory evidence in robbery
Jul 02, 2007 ... An exonerated robbery suspect claiming his prolonged detention wascaused by police officers' apparent refusal to investigate availableexculpatory evidence could sue for a violation of his FourthAmendment rights, the 2nd Circuit has ruled in reversing a summaryjudgment. The ...
Colorado Supreme Court rules defendant did not forfeit right to confrontation
Jul 02, 2007 ... The videotaped interview of an alleged victim of child abuse wasinadmissible under the Confrontation Clause because the state failedto show the defendant had any intent to prevent or dissuade the childfrom testifying against him, the Colorado Supreme Court has ruled. The defendant ...
9th Circuit rules excessive force during search doesn't require evidence be excluded
Jul 02, 2007 ... An officer's use of excessive force in executing a search warrantdoes not justify application of the exclusionary rule regarding theevidence seized in the search, the 9th Circuit has ruled. The defendant was a convicted felon reputed to be in possession offirearms and dealing ...
California COA rules admission of victim's statements didn't violate Confrontation Clause
Jul 02, 2007 ... The admission of a stabbing victim's statements about hisassailant in a 911 call didn't violate the assailant's right toconfront witnesses, the California Court of Appeal has ruled. The defendant was a resident at an independent living facility forpeople with mental health and ...
California Supreme Court rules search based on anonymous tip didn't violate Constitution
Jul 02, 2007 ... Police officers do not need to corroborate an anonymous tip beforecontacting the occupant of a residence and seeking consent to enterand search, the California Supreme Court has ruled. The case involved an officer who heard over his radio about ananonymous tip regarding the ...
9th Circuit rules search of car violated Fourth Amendment
Jul 02, 2007 ... Even though a driver voluntarily consented to a search of hisperson after being approached by police, the encounter escalated intoan impermissible seizure that negated his subsequent consent tosearch the car, the 9th Circuit has ruled in reversing a U.S.District Court. The ...
9th Circuit rules police may stage accident in order to seize vehicle
Jul 02, 2007 ... Police could use trickery in staging a car accident and theft inorder to seize a vehicle they believed had been used in a drugconspiracy, the 9th Circuit has ruled. DEA agents learned that the defendant was a subordinate of theleader of a drug conspiracy and used the leader's car ...
Businessman wins $36M for shady lumber deal in Circuit Court, Honolulu County, Hawaii
Jul 02, 2007; ... Honolulu jury awarded $36.3 million to a Houston businessman whoclaimed he was secretly cut out of a deal to purchase one of Hawaii'slargest lumber suppliers. The biggest challenge in the case was to simplify the complexbusiness deal for the jury, according to plaintiff's attorney ...
Insurer wins defense verdict in tricky bad faith case in U.S. District Court, District of Mass.
Jul 02, 2007; ... It was a complicated case to try in the best of circumstances: astate consumer protection act claim alleging insurance bad faith ina case that involved a counselor who had sex with and impregnated ateenage patient. The defense had the added challenge of facing a jury - a rarity ...
Arizona Court of Appeals rules paternity statute doesn't apply in wrongful death case
Jul 02, 2007 ... A state paternity statute did not apply for purposes ofdetermining whether a putative father had standing to sue for thewrongful death of an unborn child, the Arizona Court of Appeals hasruled. The case involved the alleged wrongful death of a pregnant womanand her unborn child ...
Oregon Court of Appeals rules wrongful death claim precluded when decedent had already sued
Jul 02, 2007 ... A personal representative cannot bring a wrongful death actionwhen the decedent already recovered damages for personal injuriesbased on the same act or omission, the Oregon Court of Appeals hasruled. The case involved a man who contracted work-related mesothelioma.He and his ...
South Carolina Supreme Court rules pre-accident drinking admissible in PI case
Jul 02, 2007 ... In a personal injury lawsuit, evidence of the plaintiff's pre-accident alcohol consumption was admissible, even though bloodalcohol testing indicated he was under the legal limit at the time ofthe accident, the South Carolina Supreme Court has ruled. The plaintiff drove his ...
Utah Supreme Court rules city may have duty to remove trees from railroad intersection
Jul 02, 2007 ... A city may be sued under common law for its failure to ensure thattrees on property it owns adjacent to railroad tracks don't obscurethe ability of drivers on a city street that crosses the tracks tosee oncoming trains, the Utah Supreme Court has ruled. The plaintiff in this ...
Delaware Supreme Court rules driver may be liable for unruly passenger's conduct
Jul 02, 2007 ... A driver may be liable to his passenger for a one-car accidentcaused by an unruly second passenger who grabbed the steering wheelnot once, but twice, the Delaware Supreme Court has ruled. The case involved three 16-year-olds traveling in a pickup truck.The female plaintiff was ...
California COA rules attorney fees shouldn't be deducted in calculating insured's recovery
Jul 02, 2007 ... An insured's attorney fees and costs should not be deducted fromhis total recovery for purposes of applying the made whole doctrine,the California Court of Appeal has ruled. After being injured in a car accident, an insured sought no-faultmedical payments insurance coverage from ...
5th Circuit rules parents of longshoreman not intitled to damages for loss of society
Jul 02, 2007 ... The non-dependent parents of a longshoreman who died interritorial waters are not entitled to damages for loss of society,the 5th Circuit has ruled. The son was a work-release inmate who died in the MississippiRiver while attempting to save a co-worker who fell from a barge ....
Alaska Supreme Court rules homeowners' policy doesn't cover claims by foster children
Jul 02, 2007 ... Coverage for personal injury claims by former foster childrenagainst their foster parents is barred by an exclusion in theparents' homeowners' insurance policy, the Alaska Supreme Court hasruled. The foster children claimed they were abused by their fosterparents, who were the ...
N.J. Supreme Court rules city can't seize property that is 'unproductive'
Jul 02, 2007 ... A city couldn't exercise its eminent domain power to seize forredevelopment private property that was merely "unproductive," theNew Jersey Supreme Court has ruled in invalidating a planning boarddecision. The state's constitution authorizes the taking of "blighted areas"for ...
California COA rules landlord had duty to protect visitors from violent tenant
Jul 02, 2007 ... A landlord can be sued for failing to take at least minimal stepsto alleviate the risk posed by a violent tenant, the California Courtof Appeal has ruled. The plaintiff was a former tenant of the defendant's apartmentcomplex who occasionally returned to visit family still living ...
U.S. Supreme Court to decide whether trust can deduct cost of investment advice
Jul 02, 2007 ... When calculating adjusted gross income for income tax purposes,can a testamentary trust deduct the fees it paid for investmentadvice? The U.S. Supreme Court has agreed to answer this question,reviewing a decision from the 2nd Circuit. In that case, a trust was created for ...
2nd Circuit rules widow's death benefits not offset by entire prior settlement
Jul 02, 2007 ... Only that portion of a past settlement for work-related injuriesrelated to state-law death benefits may be credited against a widow'ssubsequent claim for death benefits under the federal Longshore andHarbor Workers' Compensation Act, the 2nd Circuit has ruled. The plaintiff's ...
Nebraska Supreme Court rules employer can assert subrogation in contested workers' comp case
Jul 02, 2007 ... An employer's actions in contesting an employee's workers'compensation claim don't bar it from asserting its subrogationinterest in the employee's negligence settlement with a third party,the Nebraska Supreme Court has ruled. The employee was a FedEx courier who was injured when he ...
U.S. Supreme Court rules on student's First Amendment rights
Jul 02, 2007 ... School officials did not violate the First Amendment byconfiscating a pro-drug banner and suspending a student who displayedit at a school-sponsored event, the U.S. Supreme Court has ruled. A high school senior unfurled a banner that read "Bong Hits 4Jesus" on the sidewalk across ...
11th Circuit rules no federal privilege for medical peer review documents
Jul 02, 2007 ... A doctor who sues a hospital for discriminatory peer review cangain access to the peer review documents of all the doctors on staffbecause there is no peer review privilege in federal discriminationcases, the 11th Circuit has ruled. The hospital conducted peer review of an ...
Immigration bill dies in Congress
Jul 02, 2007 ... The Senate killed the hotly debated immigration reform bill lastweek with a 46-54 procedural vote blocking the legislation from finalconsideration. The bill needed 60 votes from senators in the vote on whether tolimit debate and move the bill forward. But the bill fell 14 ...
Groups oppose proposed Supreme Court rule
Jul 02, 2007 ... A number of groups, ranging from the American Civil LibertiesUnion to the National Association of Manufacturers, are voicingopposition to a proposed revision to the filing rules of the U.S.Supreme Court. The proposed rules, announced in May, would add a number ofrequirements for ...
Funding for Legal Services may increase
Jul 02, 2007 ... The House Appropriations subcommittee has approved a $28 millionincrease for the Legal Services Corporation as part of its FY 2008funding bill. The Subcommittee on Commerce, Justice, Science and RelatedAgencies approved the funding increase for the group, which is anindependent, ...
Bush, SEC at odds over Supreme Court brief
Jul 02, 2007 ... In a case before the U.S. Supreme Court that accuses investmentbanks, accounting firms, and attorneys working on behalf of Enron ofsecurities fraud, the Bush administration declined to back investors,and urged federal officials to file a brief in support of the banksand other firms ....
New patent peer review program launched by U.S. Patent and Trademark Office
Jul 02, 2007 ... The U.S. Patent and Trademark Office has launched a new Peer-to-Patent pilot project, a test model designed to enable the public toparticipate in the patent-examination process by allowing computertechnology experts to submit technical references related to a patentapplication before an ...
Law group urges EPA to curtail criminal sanctions
Jul 02, 2007 ... In a recent petition to the Environmental Protection Agency, theWashington Legal Foundation - a public interest law group - voicedconcerns over the agency's criminal enforcement policies andpractices. In a 13-page filing to EPA administrator Steve Johnson anddirector of criminal ...
Lawmakers, unions rally over 'Free Choice' bill
Jul 02, 2007 ... Democratic and GOP senators are battling over the "Employer FreeChoice Act," a bill that has passed the House and would make itillegal for employers to prohibit employees from unionizing by usingcards to show majority support for a union rather than by formalelection. Republican ...
FTC Warning: Government, businesses must guard against ID thieves
Jul 02, 2007 ... Government offices should use the same care as private businessesto prevent the disclosure of private information to would-be identitythieves, Federal Trade Commission officials testified to a Housecommittee. Joel Winston, Associate Director of the FTC's Division of Privacyand ...
U.S. Supreme Court Certiorari Granted: July 2, 2007
Jul 02, 2007 ... ERISA Can an employee participating in a 401(k) plan recover damagesunder ERISA for lost economic growth in the plan if the fiduciaryfailed to make changes as directed by the employee? U.S. Supreme Court. LaRue v. DeWolff, Boberger & Associates, Inc.,No. 06-856. Certiorari ...
Giving peace a better chance
Jul 02, 2007; ... Although almost all of Jack Else's cases end up in mediation, hestill felt like he was not making full use of the persuasive skillshe had developed early in his career as a trial lawyer. So, in an effort to fine-tune his mediation skills, Else attendeda pilot program in May 2006 at ...
New Hampshire Supreme Court rules same-day notice of sobriety checkpoint is constitutional
Jul 02, 2007 ... A public notice about a sobriety checkpoint published in the mediathe day before it was established did not violate the stateconstitution, the New Hampshire Supreme Court has ruled. A local police chief petitioned the local court for a warrant andorder authorizing a sobriety ...
Pennsylvania Supreme Court rules DUI statute constitutional
Jul 02, 2007 ... A state DUI statute prohibiting driving after having consumedenough alcohol to elevate one's blood alcohol concentration to acertain level within two hours after getting behind the wheel isconstitutional, the Pennsylvania Supreme Court has ruled. The case involved a defendant ...
U.S. Supreme Court to decide if beneficiary can recover lost economic growth under ERISA
Jul 02, 2007 ... Can an employee participating in a 401(k) plan recover damagesunder ERISA for lost economic growth in the plan if the fiduciaryfailed to make changes as directed by the employee? The U.S. Supreme Court has agreed to answer this question. It willreview a decision from the 4th ...
3rd Circuit rules government worker can sue for patronage discrimination
Jul 02, 2007 ... A government employee who lacked a political affiliation wasprotected from political patronage discrimination by virtue of herFirst Amendment rights to freedom of speech and association, the 3rdCircuit has ruled. The employee was employed as the director of ...
U.S. District Court in Arizona rules ministerial exception bars Title VII case
Jul 02, 2007 ... A counselor employed by the Catholic Church to assist sex abusevictims could not sue under Title VII when she was fired aftermarrying outside of the church, the U.S. District Court in Arizonahas ruled. The plaintiff was a "Youth Protection Advocate" for the church.She was hired ...
11th Circuit rules no wages for time spent donning safety clothing
Jul 02, 2007 ... Union employees for a poultry processing business were notentitled to compensation under the Fair Labor Standards Act for timespent donning and doffing protective clothing, the 11th Circuit hasruled. The employer's payment method compensated workers based on whenchickens to be ...
U.S. District Court in Minnesota rules undocumented worker can sue under Title VII
Jul 02, 2007 ... An undocumented alien subjected to sexual harassment on the jobhas standing to file a claim under Title VII, a U.S. District Courtin Minnesota has ruled. The plaintiff was an undocumented alien employed as a cook whocomplained to her employer that she has been subjected to ...
U.S. COA, Federal Circuit rules spouse eligible for veterans' benefits despite separation
Jul 02, 2007 ... Even though a wife agreed to separate from her husband, this didnot automatically disqualify her from receiving surviving spouseveterans' benefits upon his death, the Federal Circuit has ruled. The couple separated in 1970. Two years later the husband died ofstomach cancer. The ...
N.J. Supreme Court rules municipalities cannot sue lead paint makers under public nuisance theory
Jul 02, 2007 ... Municipalities suing manufacturers for lead paint contaminationcannot state a claim for public nuisance, the New Jersey SupremeCourt has ruled. A trial judge rejected the municipalities' theory of recoverybased upon the declaration of public nuisance in the New Jersey LeadPaint ...