Lawyers USA back issues from August 2007:
Insurer has duty to defend over practical joke, rules Washington Supreme Court
Aug 13, 2007 ... An insurer for an oral surgeon who was sued by a former employeeover a practical joke has a duty to defend under the professionalliability and general liability provisions of the policy, theWashington Supreme Court has ruled. The plaintiff played a practical joke on an employee, a ...
Federal law preempts unfair marketing claims, rules California Supreme Court
Aug 13, 2007 ... The Federal Cigarette Labeling and Advertising Act preempts claimsagainst cigarette manufacturers for allegedly violating state unfaircompetition laws by marketing cigarettes to minors, the CaliforniaSupreme Court has ruled. The court affirmed a decision from the Court of Appeal ....
Hotel guest can sue Caribbean hotel in home state, rules 3rd Circuit
Aug 13, 2007 ... A guest at a hotel in Barbados who was injured during a massageappointment he scheduled after the hotel mailed him brochures andexchanged multiple telephone calls with him can sue in federal courtin his home state, the 3rd Circuit has ruled. The plaintiff was a Pennsylvania ...
Federal courts limiting access to online information
Aug 13, 2007; ... Two federal courts are clamping down on information once madeavailable electronically in an effort to keep the documents off ofwebsites designed to identify criminal informants and undercoveragents. In a move lauded by prosecutors and panned by defense attorneys,federal district ...
Immigration ordinances in Hazelton, Pa. struck down by a U.S. District Court
Aug 13, 2007; ... Communities who are trying to enact laws against illegalimmigration may be stopped dead in their tracks by a U.S. DistrictCourt decision to strike down similar laws in Hazelton, Pa. The July ruling in Lozano v. Hazleton, No. 3:06cv1586 (M.D. Pa.)has been touted as the ACLU's ...
New Jersey long-arm jurisdiction reaches California libel defendant, rules N.J.Appellate Division
Aug 13, 2007 ... A California resident can be sued in New Jersey for allegedlylibelous statements made in postings to an Internet newsgroup, theNew Jersey Appellate Division has ruled. A father and daughter were members of an Internet newsgroupdevoted to cruises and cruise ships. They filed suit ...
Homeowners' association rules don't violate state constitution, rules New Jersey Supreme Court
Aug 13, 2007 ... Rules and regulations enacted by a homeowners' associationgoverning the posting of signs, the use of the community room andaccess to its newsletter did not violate state constitutionalguarantees of free expression, the New Jersey Supreme Court hasruled. The defendant was a ...
Hurricane victims not covered for flood damage, rules 5th Circuit
Aug 13, 2007 ... Insurance policy flood exclusions barred coverage of HurricaneKatrina claims involving allegations that policyholders' homes,apartments and commercial properties suffered water damage as theresult of the negligent design, construction, and maintenance of NewOrleans' levees, the 5th ...
California Supreme Court rules state litigation privilege doesn't preempt local eviction ordinance
Aug 13, 2007 ... A state litigation privilege does not completely preempt amunicipal ordinance authorizing civil and criminal penalties againstlandlords who maliciously serve notices of eviction, the CaliforniaSupreme Court has ruled. The plaintiff, a landlord association, filed a class ...
State Medicaid benefits policy doesn't violate Social Security Act, rules 2nd Circuit
Aug 13, 2007 ... New York's "income-first" policy for determining a communityspouse's resource allowance does not impermissibly alienate aninstitutional spouse's Social Security benefits, the 2nd Circuit hasruled. The plaintiffs were in their eighties, the husband living in anursing home and the ...
State comp insurer can be sued under Sect. 1983, rules Oregon Supreme Court
Aug 13, 2007 ... The state workers' compensation insurer is not immune from suitunder Sect. 1983 for depriving a claimant of due process byterminating his benefits without a hearing, the Oregon Supreme Courthas ruled. After a Sect. 1981 workplace injury, a claimant was paid forpermanent total ...
Health club waiver shields instructor from liability, D.C. Court of Appeals rules
Aug 13, 2007 ... An exculpatory clause in a health club membership agreement barreda member's negligence claim resulting from his injury during a kickboxing demonstration, the D.C. Court of Appeals has ruled. The plaintiff joined a fitness center by signing a contract whichcontained a waiver and ...
Upper-term sentence doesn't violate 'Blakely,' rules California Supreme Court
Aug 13, 2007 ... The imposition of an upper-term sentence for a defendant convictedof child abuse didn't violate the Sixth Amendment where a jury ratherthan a judge decided at least one aggravating factor, the CaliforniaSupreme Court has ruled. In a second decision issued the same day, the court ...
British Vioxx plaintiffs' claims dismissed by New Jersey Appellate Division
Aug 13, 2007 ... The claims of Vioxx plaintiffs residing in the United Kingdom wereproperly dismissed on forum grounds, even though the U.K. doesn'tprovide remedies similar to those available under New Jersey'sconsumer protection laws, the New Jersey Appellate Division hasruled. Ninety-eight ...
No legitimate expectation of privacy in duplex hallway, rules 7th Circuit
Aug 13, 2007 ... A police officer's entry into the common area of a duplex withouta warrant didn't violate the Fourth Amendment, the 7th Circuit hasruled. The defendant was an illegal alien who had been deported after anaggravated felony conviction. A tip led the police to a duplex withtwo ...
Gun seized after flight from police is admissible, rules New Jersey Supreme Court
Aug 13, 2007 ... A gun seized after a suspect's flight from an otherwiseunconstitutional investigative stop was admissible because the flightand resistance amounted to obstructing the administration of law, theNew Jersey Supreme Court has ruled. The defendant matched a drug dealer's description ...
Alcohol dissipation can't support warrantless entry, rules Indiana Court of Appeals
Aug 13, 2007 ... The dissipation of alcohol from a DUI suspect's bloodstream wasnot an exigent circumstance justifying a police officer's warrantlessentry into his residence, the Indiana Court of Appeals had ruled. A police officer saw the defendant's SUV roll through a stop signand stop in an ...
ERISA plan can get reimbursement for injured child's benefits, rules U.S. District Court in Penn.
Aug 13, 2007 ... An ERISA plan provider can't claim reimbursement for medicalexpenses against a personal injury settlement, the funds of whichwere placed in a special-needs trust on behalf of an injured child, aU.S. District Court in Pennsylvania has ruled. The child and his parents were all ...
Michigan Supreme Court rules factory owner not liable for exposure to asbestos on clothes
Aug 13, 2007 ... A landowner had no duty to protect a woman who was exposed toasbestos fibers carried home from its property on her stepfather'sclothing, the Michigan Supreme Court has ruled in answering acertified question from an appellate court in Texas. The stepfather was employed by ...
Intranet posting doesn't satisfy ERISA notice rule, rules U.S. District Court in Illinois
Aug 13, 2007 ... An employer's posting of severance plan amendments on a companyintranet site did not satisfy notice requirements under ERISA, a U.S.District Court in Illinois has ruled in denying summary judgment. Ninety former employees of CNA Financial sued the company forwrongful denial of ...
8th Circuit rules Christian employee can sue for workplace 'energy cleansing'
Aug 13, 2007 ... An employer may be liable for religious discrimination andretaliation where it terminated a Christian employee after heexpressed discomfort with and declined to participate in workplaceprograms and exercises based on Buddhist and Hindu beliefs, the 8thCircuit has ruled. A sales ...
Florida Court of Appeal:Social Security benefits to children can be used to offset worker's benefits
Aug 13, 2007 ... Social Security benefits received by an injured worker's childrendue to his disability may be offset against his other benefits to theextent that the total benefits he received would exceed 100 percentof his wages, the Florida Court of Appeal has ruled. An employee was injured in ...
Employer can't be sued for injury caused during personal errand, rules Illinois Appellate Court
Aug 13, 2007 ... An employer was not liable for a motor vehicle accident itsemployee caused while running a personal errand, even though theemployer's advertisement was displayed on the vehicle he was driving,the Illinois Appellate Court has ruled. The employee crossed into lanes of oncoming ...
U.S. District Court in D.C. rules ERISA claims for fiduciary breach, wrongful denial can go forward
Aug 13, 2007 ... An employee's claim under ERISA for breach of fiduciary dutyregarding a denial of benefits may proceed along with a claim forwrongful denial, as long as the first claim is not merely arepackaging of the second, a U.S. District Court in the District ofColumbia has ruled. The ...
Employment arbitration clause valid for PI claim, rules 3rd Circuit
Aug 13, 2007 ... An arbitration clause in an employment contract was notunconscionable even though it compelled arbitration of personalinjury claims brought by an employee who was injured while working ona third party's property, the 3rd Circuit has ruled. The plaintiff, a citizen of ...
Ohio Supreme Court rules gay marriage ban doesn't preempt domestic violence charge
Aug 13, 2007 ... Ohio's constitutional ban on gay marriage doesn't preclude theprosecution of unmarried partners under the state's domestic violencestatute, the Ohio Supreme Court has ruled. The defendant was indicted for domestic violence. The stateintended to present evidence the victim had been ...
Vermont Supreme Court rules high school not liable for student's death off school premises
Aug 13, 2007 ... A high school didn't breach a duty of care to a female student whowas sexually assaulted and murdered after leaving the school withoutauthorization, the Vermont Supreme Court has ruled. The student, who had a history of truancy and drug abuse, had justreturned from an authorized ...
Police officers can be sued for defamation, rules Md. Court of Appeals
Aug 13, 2007 ... Police officers could be sued for allegedly defamatory statementsmade in a search warrant application, Maryland's highest court hasruled in reversing a dismissal. The plaintiffs were two Baltimore police officers investigated inconnection with a rape charge. The defendants were two ...
Mobile home park can rent to gang members, rules California Supreme Court
Aug 13, 2007 ... A mobile home park owner doesn't have a duty to reject prospectivetenants he may have reason to believe are gang members, theCalifornia Supreme Court has ruled in reversing the Court of Appeal. The plaintiff was injured by a stray bullet shot during a gangfight in the mobile home ...
Plaintiffs can sue for medical monitoring under CERCLA, rules U.S. District Court in Pennsylvania
Aug 13, 2007 ... Homeowners can maintain a claim for medical monitoring in theirsuit over contaminated drinking water under state law and CERCLA, aU.S. District Court in Pennsylvania has ruled in interpretingIllinois law. The plaintiffs were a class of Illinois residents who sued ...
No vicarious liability for pastor's sex abuse, rules 2nd Circuit
Aug 13, 2007 ... A church was not vicariously liable for its pastor's sexual abuseof one of the students at the church's school, the Vermont SupremeCourt has ruled in answering a certified question from the 2ndCircuit. The plaintiff was molested several times by the pastor of a gradeschool ...
Smoker's claim for failure to warn can proceed, rules U.S. District Court in New York
Aug 13, 2007 ... A smoker can sue for failure to warn about the hazards ofcigarettes, but has no cause of action for design defect and has noright to punitive damages where the state participated in a mass tortsettlement with the tobacco companies, a U.S. District Court in NewYork has ruled. The ...
Commentary: Taking a look at portable scanning tools for the office
Aug 13, 2007; ... For many years I have subscribed to the theory that lawyers shouldbe able to work away from their primary office. After all, work iswhat we do, not where we are located. I have a mid-size roller bagthat I use to schlep my portable computer around, and I try to keepthe weight down while ...
Florida parents win $23.5M in 'wrongful birth' case
Aug 13, 2007; ... In a rare plaintiff's victory in a "wrongful birth" case, aFlorida jury awarded $24 million to a couple who claimed a universitygeneticist misdiagnosed their first son's birth defect, therebygiving them the confidence to have a second child - who had the samebirth defect. From ...
California jury finds for the defense in suit alleging wrongful birth
Aug 13, 2007; ... A California jury recently found for the defense in a cutting-edge wrongful life suit after a mother alleged she was implanted withthe wrong embryos during in vitro fertilization. The mother, a carrier of Fabry's disease, chose to have only herfemale embryos implanted so that she ...
Understanding Gen X jurors key to $10M auto crash verdict in California
Aug 13, 2007; ... An innovative use of focus groups and research into thecharacteristics of Generation X jurors helped California attorney R.Rex Parris win a $10.2 million verdict on behalf of a man whorequired no medical treatment following his traffic accident. Frank Donahue, 42, a ...
FDA panel urges Avandia warning
Aug 13, 2007 ... A Food and Drug Administration panel urged stricter warnings aboutpotential heart problems be placed on packaging for the diabetes drugAvandia, but stopped short of calling for the drug to be pulled fromthe market. Late last month an FDA advisory committee voted 22-1 in favor ...
Bill in Congress would bolster privilege claims
Aug 13, 2007 ... The U.S. House of Representatives is considering a measure whichwould bar federal prosecutors from requiring that corporate entitiesunder investigation waive their attorney-client and work-productprotection. The bill would prohibit federal prosecutors from pressuringcompanies to ...
U.S. Senate panel advances tobacco regulation bill despite warning
Aug 13, 2007 ... A Senate panel advanced legislation that would make tobaccoregulation the responsibility of the Food and Drug Administration,despite a warning last month from a former FDA official that theagency was ill-equipped to handle the burden. The Senate Health, Education, Labor and ...
Congress passes 9/11 bill
Aug 13, 2007 ... Congress has sent President George W. Bush legislation that wouldintensify anti-terror efforts in the U.S. by, among other things,boosting security for train, air and sea cargo to stave off futureSept. 11-style attacks. The measure echoes the major recommendations of the ...
IRS issues new guidance on estates, irrevocable trusts
Aug 13, 2007 ... The Internal Revenue Service has released proposed regulationsgoverning which deductible expenses of estates and irrevocable trustswould be subject to the "2 percent floor" on miscellaneous itemizeddeductions.The general rule is that itemized deductions for any taxable ...
Lawmakers file brief with U.S. Supreme Court in Enron case
Aug 13, 2007 ... Two Democratic lawmakers have filed an amicus brief in a casebefore the U.S. Supreme Court that challenges the ability ofshareholders of fraud-ridden companies like Enron to sue third partycompanies under federal securities law by claiming the companiesaided in the fraudulent ...
U.S. House passes bill to extend time for unequal pay claims
Aug 13, 2007 ... The U.S. House of Representatives has narrowly passed legislationthat would extend the statute of limitations for employees filing paydiscrimination suits. The bill, H.R. 2831 was drafted just days after the U.S. SupremeCourt handed down its decision in Ledbetter v. Goodyear Tire & ...
Tech roundup: products that win cases and increase efficiency in your office
Aug 13, 2007; ... In this month's tech roundup, Lawyers USA takes looks atmicroscopes in the courtroom, software to remind partners about theimportance of client development and a highly efficient digitaldictation system for law firms. Focus in the courtroom There are times when critical ...
Is RAM data discoverable?
Aug 13, 2007; ... A discovery order in a recent federal case in California hasraised the possibility that companies will be responsible forproducing an even deeper level of electronically stored information. In what is proving to be a controversial interpretation of the newFederal Rules of Civil ...
The ratings game: Seattle-based Avvo, Inc. aspires to provide national lawyer-ranking service
Aug 13, 2007; ... A new Seattle-based company, Avvo, Inc., aspires to provide auniversal national lawyer-ranking service to help consumers selectattorneys. But some of the lawyers being ranked are objecting loudly to asystem they consider arbitrary, capricious and damaging to theirlivelihoods - ...
Sibling agreements: A planning tool that helps avoid elder care battles
Aug 13, 2007; ... The fastest-growing age group in the country, according to a U.S.Census report, are people aged 85 years and older, a demographic thatis projected to increase by 20 million in the next forty years. Thatbegs the question: Who's going to take care of all of them? Their children are ...
Cutting a swath in lawnmower accident suits
Aug 13, 2007; ... In April 2004, 4-year-old Justin Simmons was playing at thesouthwestern Virginia home of his day care providers, Roberta andOrvil Reedy. When Roberta stepped inside for a few minutes to change the diaperof his younger brother, Justin wandered behind the rider mower beingdriven ...
State liable for malfunctioning traffic light, rules Nebraska Supreme Court
Aug 13, 2007 ... The state could be held liable for an accident caused by amalfunctioning traffic light - even though workers who investigatedcomplaints about the signal beforehand were unable to detect anyproblem, the Nebraska Supreme Court has ruled. The plaintiff's son suffered severe, ...
New York's new lawyer advertising rules are unconstitutional, rules U.S. District Court in New York
Aug 13, 2007 ... New York State's amended rules on attorney advertising violate theFirst Amendment, a U.S. District Court in New York has ruled. The plaintiffs were an upstate New York law firm and a publicadvocacy group. They sought a declaratory judgment that provisions ofNew York's amended ...
Lawyer who didn't inform client can't get referral fee, rules U.S. District Court in Pennsylvania
Aug 13, 2007 ... A lawyer who failed to notify his clients and obtain their consentfor a referral fee arrangement can't collect the fee, a U.S. DistrictCourt in Pennsylvania has ruled in applying New Jersey law. The referring attorney claimed he entered into an oral agreementfor a fee with a New ...
Law firm not liable for using Wayback Machine, rules U.S. District Court in Pennsylvania
Aug 13, 2007 ... A law firm that represented a defendant in an intellectualproperty suit didn't violate the Computer Fraud and Abuse Act orfederal copyright law when, in investigating the plaintiff'sallegations, it used a specialized tool to access archivedscreenshots of the plaintiff's website, a U.S ....
Retirement annuity can be protected in bankruptcy, rules 3rd Circuit
Aug 13, 2007 ... A Chapter 7 debtor's retirement annuity was excludable from hisbankruptcy estate, the 3rd Circuit has ruled in reinstating abankruptcy judge's order. The debtor worked at a university and participated in a tax-deferred retirement plan under which contributions taken from ...
Debtor's health education loans can't be discharged, rules 10th Circuit
Aug 13, 2007 ... A debtor entitled to Chapter 7 bankruptcy discharge of hisstandard student loans based on a finding of undue hardship could notsatisfy the more rigorous standard for discharge of his medicaleducation loans, the 10th Circuit has ruled. The debtor owed balances on two types of ...
Consumers can sue drug firm under state antitrust law, rules Wisconsin Supreme Court
Aug 13, 2007 ... Consumers could sue an international drug firm under stateantitrust law for allegedly conspiring with generic drugmanufacturers to charge customers inflated prices for an antibioticbecause the statute doesn't apply only to distinctly intrastateconduct, the Wisconsin Supreme Court has ...
Exculpatory clause in security system contract upheld by New Jersey Appellate Division
Aug 13, 2007 ... An exculpatory clause in a contract for the sale of a burglaralarm system doesn't violate public policy, the New Jersey AppellateDivision has ruled. The plaintiff was a distributor of information technology productsthat contracted with a distributor of burglar alarms to install ...
N.H. Supreme Court rules homeowner who didn't repair fire damage can't recover replacement cost
Aug 13, 2007 ... A homeowner who didn't attempt to repair or replace his fire-damaged home and garage can't recover the full replacement cost, theNew Hampshire Supreme Court has ruled. The homeowner's insurance policy covered up to $223,000 for lossof his dwelling. The policy included an ...
Full payment of hospital bill negates patient co-pay, rules Utah Court of Appeals
Aug 13, 2007 ... A hospital couldn't bill a patient for her co-payment for medicalservices after it had collected the full amount charged from thepatient's insurer, the Utah Court of Appeals has ruled. The plaintiff was charged $11,000 for medical services at ahospital after her husband signed a ...
Wrongful death claim involving murder is time-barred, rules Michigan Supreme Court
Aug 13, 2007 ... A wrongful death claim involving a 16-year-old murder is time-barred, even though the plaintiff alleged that she didn't know shehad a claim for inadequate security until police solved her mother'skilling years after it occurred, the Michigan Supreme Court has ruledin reversing a denial ...
'Lemon Law' claim requires privity of contract, rules Ohio Supreme Court
Aug 13, 2007 ... A consumer had no 'Lemon Law' claim against an auto manufacturerfor breach of implied warranty under the Magnuson-Moss Act becausethere was no privity of contract between the two, as required bystate law, the Ohio Supreme Court has ruled. The plaintiff purchased a model year 2002 ...
5th Circuit rules lab's contract for lawsuit services not covered by 'open account' statute
Aug 13, 2007 ... A contract with a laboratory for toxicology and expert testimonyservices in connection with a personal injury lawsuit was not subjectto rate adjustment under a state open accounts statute, the 5thCircuit has ruled. A group of Mississippi attorneys representing victims of ...
Insurers must cover silica claims against successor firm, rules Indiana Court of Appeals
Aug 13, 2007 ... Insurers must cover product liability claims involving silicaexposure brought against the successor company of its insureds -notwithstanding alleged noncompliance with "consent-to-assignment"provisions in the course of past mergers and acquisitions, theIndiana Court of Appeals has ruled ...
Policyholder can't sue life insurer for bad faith, rules Pennsylvania Supreme Court
Aug 13, 2007 ... A plaintiff can't sue her insurer under a state bad faith statutebased on a claim that she was wrongfully induced to purchase a lifeinsurance policy, the Pennsylvania Supreme Court has ruled. However, it decided that the plaintiff could seek consumerprotection damages. The ...
3rd Circuit rules judge can't ignore drug ratio in sentencing
Aug 13, 2007 ... Even though the federal sentencing guidelines are advisory, atrial court may not categorically reject the guidelines' 100-to-1crack/powder cocaine ratio in calculating a sentence, the 3rd Circuithas ruled. Two brothers pleaded guilty and were sentenced for eachdistributing at ...
Washington Supreme Court rules wrongdoing against witness waives right to confrontation
Aug 13, 2007 ... A defendant could not object to the admission of his victim'sstatements against him because he killed the man to keep him fromtestifying about a previous assault, the Washington Supreme Court hasruled. The defendant had been charged with kidnapping and aggravatedrobbery after his ...