Lawyers USA back issues from October 2007:
College cost reduction act signed into law by President Bush
Oct 08, 2007 ... President George W. Bush signed into law the College CostReduction and Access Act of 2007, which will make college moreaffordable for low-income students by increasing funding for FederalPell Grants by more than $11 billion. The Pell Grant program helps ensure low-income students ...
U.S. Justice Roberts will now hear securities liabilities case
Oct 08, 2007 ... Chief Justice John G. Roberts, Jr., will join the rest of theU.S. Supreme Court in hearing a case raising the issue of whetherdefrauded stockholders can seek redress from third-party actors. Roberts had initially recused himself from Stoneridge InvestmentPartners v ....
False Claims Act may be amended
Oct 08, 2007 ... A new bill proposing sweeping changes to the False Claims Act,including the elimination of several long-standing defenses toclaims made under the Act, is being praised by whistleblower groupswho say the measure would give added protection to taxpayers. The bill, S. 2014, the ...
Lobby reform bill signed into law by President Bush
Oct 08, 2007 ... President George W. Bush signed into law a bill that will requirelawmakers to disclose more about their efforts to fund pet projectsand raise money from lobbyists, a measure that backers call thebiggest ethics reform in decades. The new law, the "Honest Leadership and Open ...
Mental health parity measure passes U.S. Senate
Oct 08, 2007 ... The Senate has unanimously passed a mental health parity billthat would require equal coverage for mental and physical ailmentsunder health insurance policies that cover both, and prohibit morerestrictive financial requirements for mental health care coverage. The Senate ...
U.S. Supreme Court Certiorari Granted: October 8, 2007
Oct 08, 2007 ... ADEA Is the use of age as a factor in a retirement plan faciallydiscriminatory in violation of the Age Discrimination in EmploymentAct? Kentucky Retirement Systems v. EEOC, No. 06-1037. Certiorarigranted Sept. 25, 2007. Ruling below: 467 F.3d 571 (6th Cir ....
Visual aids simplify complex science
Oct 08, 2007; ... The case was complex, the opponent formidable and the plaintiffs -two dozen Costa Rican fern farmers - didn't even speak English astheir primary language. Faced with these challenges, the Colorado-based law firm Holland& Hart turned to its team of demonstrative evidence specialists ...
Florida attorney finds inspiration in lessons from boyhood mentor
Oct 08, 2007; ... Shortly after Walter G. "Skip" Campbell moved to Florida fromRockaway Beach, N.Y., he met Edward Stack. Campbell was 12 years old, and Stack was the owner of a hotel inPompano Beach, Fla. "He hired me to clean the pool, then gave me a job as alifeguard, and when I became old ...
Increasing number of couples legally separating in attempt to reconcile
Oct 08, 2007; ... Years ago, there were only two reasons couples legally separated:for religious reasons and to preserve health benefits. Now, however, an increasing number of couples are legallyseparating in the hopes that they can reconcile. At least that's theword from attorneys Alexander ...
Stephanie Kimbro launches Internet-based law firm
Oct 08, 2007; ... Stephanie Kimbro doesn't work a typical 9 to 5 job. Instead, she practices law early in the morning, late at nightand during her daughter's nap time. Her unique schedule is madepossible by her Internet-only law practice. In June 2006, Kimbro launched Kimbro Legal ...
9th Circuit rules property transfer to FLP can't avoid tax on market value
Oct 08, 2007 ... The federal estate tax on residential property transferred to afamily limited partnership should be based on its fair market valuerather than the value of the decedent's interest in the partnership,the 9th Circuit has ruled. The decedent's estate reported a gross estate of ...
Mass. high court rules value of corporation improperly discounted in dividing marital property
Oct 08, 2007 ... A husband in a divorce was not entitled to a discount applicableto standard corporations when valuing the couples' S corporationsfor the purpose of dividing marital property, Massachusetts' highestcourt has ruled. The couple owned and operated two supermarkets through separate ...
Conn. Supreme Court rules 'persistent' offender's sentence violates right to jury trial
Oct 08, 2007 ... A criminal defendant's right to a jury trial was violated where ajudge made a finding to enhance his sentence pursuant to a state"persistent" offender statute, the Connecticut Supreme Court hasruled. A state law authorizes the enhancement of a sentence where adefendant has been ...
9th Circuit rules student can't sue over strip search
Oct 08, 2007 ... A school was not liable for the strip search of a 13-year-oldstudent based in part on a tip from another student that theplaintiff was carrying ibuprofen in violation of the school's drugpolicy, the 9th Circuit has ruled. School officials were informed by multiple sources that a ...
U.S. District Court in Texas rules auto dealer's mailing didn't violate Fair Credit Act
Oct 08, 2007 ... A letter from an automobile dealership offering the recipient pre-approved financing qualified as a "firm offer of credit" protectedunder federal credit reporting law, a U.S. District Court in Texashas ruled in granting summary judgment. The Fair Credit Reporting Act allows ...
Virginia Supreme Court rules DNA can be taken from crime suspects
Oct 08, 2007 ... Collecting a person's DNA after arrest for certain crimes doesn'tviolate the Fourth Amendment, the Virginia Supreme Court has ruled. The defendant was arrested for rape and sodomy. Pursuant to astate statute, a sample of his DNA was taken and entered into a DNAdatabank. A databank ...
3rd Circuit rules parents can't sue city over 'morning after' pill
Oct 08, 2007 ... Parents can't sue under Sect. 1983 for a municipal healthagency's provision of emergency contraceptives to their underagedaughter, the 3rd Circuit has ruled. After engaging in sexual intercourse, a 16-year-old girl visiteda city health department and requested a "morning after" ...
U.S. Supreme Court to decide whether a non-aggravated felony can support deportation
Oct 08, 2007 ... Can a federal court determine that an offense that is not anaggravated felony is still a "particularly serious crime" that barsa defendant's eligibility for withholding of removal? The U.S. Supreme Court has agreed to answer this question. Itwill review a decision from the 7th ...
Tenn. Court of Appeals rules woman must return ring after broken engagement
Oct 08, 2007 ... A man who gave an engagement ring to a woman is entitled to haveit returned when the couple's marriage plans failed to materialize,the Tennessee Court of Appeals has ruled in reversing a summaryjudgment for the woman. A couple was involved in a romantic relationship, and the ...
1st Circuit rules holidays count against intermittent leave under FMLA
Oct 08, 2007 ... Holidays are to be counted under the Family and Medical Leave Actagainst intermittent leave taken in an interval of a week or more,the 1st Circuit has ruled. An employee requested intermittent leave from the universitywhere she worked to care for her ailing mother during two ...
Commentary: MySpace is a well-stocked arsenal for trial lawyers
Oct 08, 2007; ... While your fourteen year old daughter might have known aboutMySpace and Facebook like forever, trial lawyers have only recentlybegun to realize the amount and variety of ammunition that may bewaiting for them on these social networking sites. Whether defending an assault case, ...
Dead St. Louis firefighter's family wins $27M for faulty breathing device
Oct 08, 2007; ... A reenactment of firefighter Derek Martin's last moments when hisbreathing device failed in a burning building - coupled with a tapeof Martin's own sounds of struggle - led a St. Louis jury to awardhis family $27 million in their wrongful death suit against thedevice ...
Texas real estate firm hit for $1.3M over flooded property
Oct 08, 2007; ... A Texas jury has awarded $1.3 million to a pair of homeowners whopurchased property that was subject to major flood damage despiteclaims from their real estate company that the area was not locatedin a flood zone. Although the liability case was fairly straightforward,plaintiffs' ...
FDA drug safety bill signed into law
Oct 08, 2007 ... President George W. Bush signed legislation that will enhance thepowers of the Food and Drug Administration to ensure the safety ofprescription drugs. The Senate passed the FDA bill by voice vote late last month, oneday after the House approved the measure. The bill will ...
U.S. House passes subprime mortgage aid bill
Oct 08, 2007 ... The House has passed a bill that would give more federal fundingto back mortgages and help homeowners with subprime loans keep fromlosing their homes. The bill, H.R. 1852, the "Expanding American Homeownership Act of2007," would allow the Federal Housing Administration to ...
President Bush's pick for Attorney General would avoid Giuliani cases
Oct 08, 2007 ... Former U.S. District Court Judge Michael B. Mukasey, PresidentGeorge W. Bush's nominee to replace former U.S. Attorney GeneralAlberto Gonzalez, has indicated that if he is confirmed, he willrecuse himself from any Department of Justice matter involvinglongtime friend Rudolph Giuliani, ...
Illinois Supreme Court says no judicial notice of gaze test reliability
Oct 08, 2007 ... A court can't take judicial notice of the general acceptance ofthe Horizontal Gaze Nystagmus test as a reliable indicator ofalcohol impairment, the Illinois Supreme Court has ruled. The defendant was charged with DUI and other crimes after hervehicle veered into an opposing lane ...
U.S. Supreme Court to decide if felony drunk driving is a 'violent felony'
Oct 08, 2007 ... Is felony drunk driving a violent felony for purposes of enhancedsentencing under the Armed Career Criminal Act? The U.S. Supreme Court has agreed to answer this question. It will review a decision from the 10th Circuit, where thedefendant was convicted and sentenced to 188 ...
Pennsylvania Supreme Court rules guest can consent to search
Oct 08, 2007 ... Police could enter an apartment based on the apparent authorityof a man who answered the door, even though they had knowledgesomeone else actually leased and lived in the apartment, thePennsylvania Supreme Court has ruled. Police were responding to a tip that a fugitive with ...
U.S. Supreme Court to decide whether improper arrest voids subsequent search?
Oct 08, 2007 ... When an arrest violates state law, does the Fourth Amendmentrequire suppression of evidence found during a subsequent search? The U.S. Supreme Court has agreed to answer this question,reviewing a decision from the Virginia Supreme Court. In that case, two detectives stopped ...
U.S. Supreme Court will decide if a recidivist conviction is a 'predicate offense'?
Oct 08, 2007 ... Does a state drug trafficking offense for which state lawauthorized a ten-year sentence because the defendant was arecidivist qualify as a "predicate offense" under the Armed CareerCriminal Act? The U.S. Supreme Court has agreed to answer this question,reviewing a decision from ...
3rd Circuit rules Jewish community center exempt from suit under Title VII
Oct 08, 2007 ... A Jewish community center cannot be sued under Title VII by aformer employee who claimed she was discriminated against based onher evangelical Christian beliefs, the 3rd Circuit has ruled. The plaintiff was employed for four years as a bookkeeper by thenon-profit center, which was ...
Conn. Supreme Court rules qualified privilege applies to job references
Oct 08, 2007 ... Employment references to which an employee has given consent areprotected by a qualified privilege, the Connecticut Supreme Courthas ruled. The plaintiff was an officer with a university police department.After she applied for a job with a municipal police department, ...
9th Circuit rules 'mixed-motive' defense unavailable under Sect. 1981
Oct 08, 2007 ... The mixed-motive defense to liability for discrimination claimsis not available to an employer under Sect. 1981, although it can beasserted for retaliation claims, the 9th Circuit has ruled inreversing summary judgment for the employer. The plaintiff was an African-American woman ...
U.S. District Court in Pennsylvania rules sovereign immunity bars state worker's FMLA claim
Oct 08, 2007 ... A state worker's claim under the self-care provision of theFamily and Medical Leave Act is barred by sovereign immunity, a U.S.District Court in Pennsylvania has ruled. The plaintiff worked for the state department of labor andindustry. She requested a modified work schedule to ...
U.S. Supreme Court will determine if an employee can sue for race retaliation
Oct 08, 2007 ... Is race retaliation a cognizable claim under 42 U.S.C. Sect.1981? The U.S. Supreme Court has agreed to answer this question,reviewing a decision from the 7th Circuit. In that case, an African-American man filed a retaliation claimagainst a restaurant chain under Sect. 1981 ...
U.S. Supreme Court will determine if use of age in retirement plan violates the ADEA
Oct 08, 2007 ... Is the use of age as a factor in a retirement plan faciallydiscriminatory in violation of the Age Discrimination in EmploymentAct? The U.S. Supreme Court has agreed to answer this question,reviewing a decision from the en banc 6th Circuit. In that case, a 61-year-old county ...
Can a federal employee sue for retaliation under ADEA? U.S. Supreme Court will decide.
Oct 08, 2007 ... Does the federal-sector provision of the Age Discrimination inEmployment Act prohibit retaliation against employees who complainof age discrimination? The U.S. Supreme Court has agreed to answer this question. It will review a decision from the 1st Circuit, where ...
Mayland's highest court rules same-sex marriage statute is constitutional
Oct 08, 2007 ... A state law validating only marriages between men and womendoesn't violate the constitutional rights of same-sex couples,Maryland's highest court has ruled. The plaintiffs were a group of 19 gay men and lesbians who suedafter being denied marriage licenses by various clerks of ...
11th Circuit rules father can't be convicted under child support statute
Oct 08, 2007 ... A non-custodial father whose ex-wife moved his son out of statewithout his knowledge cannot be convicted of failing to pay childsupport in violation of the federal Child Support Recovery Act, the11th Circuit has ruled. A married couple with a young son living in Georgia divorced ....
Pollution decisions a mixed bag for environmentalists
Oct 08, 2007; ... Armed with two U.S. Supreme Court decisions delivered in April,environmental attorneys have asked courts across America to forceutility companies and automakers to tighten pollution controls. But decisions in lower courts since the landmark rulings haveoffered a mixed bag for ...
Fall assignment for U.S. colleges: privacy laws 101
Oct 08, 2007; ... Jolted by the Virginia Tech shootings in April and a statepanel's recent report critiquing the university's response, collegesare re-examining how to deal with troubled students, whilemaintaining students' privacy rights. The panel's report by a state panel, which was released in ...
Lawmakers, courts focus on preemption
Oct 08, 2007; ... The issue of federal preemption of state claims is a hot-buttontopic in the nation's capitol. As the U.S. Supreme Court prepares to take on the question inseveral cases this term, lawmakers recently held a hearing to gettestimony about whether federal agencies are encroaching ...
U.S. Supreme Court takes on sentencing guidelines
Oct 08, 2007; ... The first week of the October 2007 term brought the issue of thefederal sentencing guidelines before the U.S. Supreme Court again,as justices heard oral argument in two cases concerning how muchdiscretion trial courts have to venture outside the guidelinesrange. Attorneys arguing ...
High Court considers tuition reimbursement
Oct 08, 2007; ... On its first day of argument this term, the U.S. Supreme Courtconsidered whether the Individuals with Disabilities Act allowsparents to seek tuition reimbursement for private school costs for achild who never attended public school. The case, New York City Board of Education v. Tom ...
New attorney networking website launched by California lawyer
Oct 08, 2007; ... A California attorney has launched a free networking site forlawyers: Lawlink.com. Stephen Choi, an Oakland, Calif.-based personal injury litigator,said he started the website because he was disappointed by what hesaw as the limited online opportunities for lawyers to network ....
U.S. District Court in Minnesota sasy law firm foreclosing on mortgage is not a 'debt collector'
Oct 08, 2007 ... The enforcer of a security interest, such as a law firmforeclosing on a mortgage, is not subject to liability as a "debtcollector" under the Fair Debt Collection Practices Act, a U.S.District Court in Minnesota has ruled. The firm was hired by the assignee of a mortgage to enforce ...
6th Circuit says law firm not liable for violating Fair Debt Act
Oct 08, 2007 ... A law firm hired to institute a foreclosure action wasn't liablefor failing to provide a clearer explanation of the homeowner'sdeadline to request a validation of her debt under federal debtcollection law, the 6th Circuit has ruled. A lender hired a law firm to file a mortgage ...
Texas Court of Appeals finds legal malpractice damages can't be offset
Oct 08, 2007 ... A law firm that was found liable of malpractice is not entitledto offset the amount of a contingency fee it would have receivedfrom a client if it had prevailed in the original trial, the TexasCourt of Appeals has ruled. The firm represented the plaintiff in a dispute involving ...
Law firm can't be sued by former client, California Supreme Court rules
Oct 08, 2007 ... The statute of limitations on a legal malpractice claim wasn'ttolled as to an attorney's former law firm and one of its partnersfor the period that the attorney continued to represent the clientat his new firm, the California Supreme Court has ruled. The ruling reverses a state ...
Personal injury claim not barred by debtors' failure to list asset, Washington appeals court finds
Oct 08, 2007 ... An auto accident claim was not barred by a couple's failure tolist it as an asset in their Chapter 13 bankruptcy where they latermodified the bankruptcy schedule to include the claim, theWashington Court of Appeals has ruled. A husband was involved in a motor vehicle accident with ...
8th Circuit rules Title VII verdict against debtor is nondischargeable
Oct 08, 2007 ... An award against a debtor for sexual harassment and retaliationis nondischargeable, the 8th Circuit has ruled. The debtor was a partner in an automotive repair business. A$260,000 judgment in a sexual harassment suit was entered againsthim after he retaliated against a female ...
8th Circuit Bankruptcy Appellate Panel rules Arkansas debtor is not required to have 5-year plan
Oct 08, 2007 ... An above median debtor whose disposable income is negative is notrequired to propose a bankruptcy plan that runs a minimum of fiveyears, the 8th Circuit Bankruptcy Appellate Panel has ruled. The debtor filed for bankruptcy and submitted data showing hisannualized income was above ...
U.S. District Court in Florida strikes down federal statute immunizing rental car companies
Oct 08, 2007 ... A federal statute which immunizes rental car companies fromliability for harm caused by their vehicles violates the CommerceClause, a U.S. District Court in Florida has ruled. The plaintiffs leased a car to a customer who was involved in anaccident with the defendant. The ...
9th Circuit rules credit reporting agency liable for misreporting judgment against debtor
Oct 08, 2007 ... A credit reporting agency can be liable where it overlooks ormisinterprets documents in a court file, the 9th Circuit has ruledin reversing dismissal of the plaintiff's Fair Credit Reporting Actclaim. A tenant reached a settlement of his landlord's claim forunlawful detainer ....
U.S. District Court in California rules auto makers can't be sued for global warming
Oct 08, 2007 ... A state can't sue automobile manufacturers for creating a publicnuisance in the form of global warming, a U.S. District Court inCalifornia has ruled in granting a dismissal. The state of California sued the top six auto makers for creatinga public nuisance under federal common law ....
U.S. District Court in Hawaii rules trustee of revocable living trust can sue under TILA
Oct 08, 2007 ... The holder of property in a revocable living trust has standingto sue for violations of the Truth in Lending Act, a U.S. DistrictCourt in Hawaii has ruled. The plaintiff owned her residence individually until sheestablished a recovable trust and designated herself as the ...
9th Circuit rules debt collector may be liable under Fair Credit Act
Oct 08, 2007 ... A debt collector can be liable under the Fair Credit ReportingAct for obtaining a credit report on a debtor unrelated to a"proper" credit transaction, the 9th Circuit has ruled. The plaintiff's vehicle was towed off a public street by policebecause it had an expired registration ....
9th Circuit rules cellular telephone company can arbitrate claims under Communications Act
Oct 08, 2007 ... A cellular telephone company may enforce an arbitration clause inits customer service agreement after it was sued for improperbilling in violation of the Federal Communications Act, the 9thCircuit has ruled. The plaintiff filed a class action against AT&T Wireless,alleging that ...
Florida Supreme Court rules injured needn't pay total amount of loss
Oct 08, 2007 ... Florida's "valued policy law" doesn't require insurers to pay formore than actual damages resulting from specifically covereddisasters such as windstorms or fires, the Florida Supreme Court hasruled in two decisions. Hurricane damage In the first case, the court ruled that ...
9th Circuit rules damages not available under Telecommunications Act
Oct 08, 2007 ... Compensatory damages are not available for a city's violation ofthe federal Telecommunications Act, the 9th Circuit has ruled. The plaintiff was a licensed amateur and commercial broadcasterwho sought to use the pre-existing antennae on his house forcommercial wireless ...
4th Circuit rules plaintiff can sue under Sect. 1983 to enforce Medicaid requirement
Oct 08, 2007 ... A developmentally disabled woman could sue under Sect. 1983 toenforce the "reasonable promptness" requirement of the Medicaid Act,the 4th Circuit has ruled. The plaintiff's applications to a South Carolina state agency forMedicaid benefits were repeatedly denied over a three-year ...
Maryland federal courts rule plaintiffs can't sue for lack of handicap access
Oct 08, 2007 ... The Fair Housing Act's two-year statute of limitations for designclaims begins to run on the date construction is completed - andtherefore claims against architects and builders were time-barred,the 9th Circuit and a U.S. District Court in Maryland have ruled. Student ...
U.S. District Court in Delaware rules Medicaid residency policy is unconstitutional
Oct 08, 2007 ... Delaware's refusal to grant Medicaid to an institutionalizedNorth Carolina woman violated her constitutional right to travel, aU.S. District Court in Delaware has ruled. The plaintiff is mentally retarded, and lives in an intermediatecare facility in North Carolina. Her parents ...
Wash. Supreme Court rules photos of victim didn't create unfair trial
Oct 08, 2007 ... The right to a fair jury trial wasn't violated in a murder casewhere spectators wore lapel buttons displaying a picture of thevictim, the Washington Supreme Court has ruled. During the first three days of the trial, many spectators worebuttons with a picture of the victim. The ...