Lawyers USA back issues from March 2008:
User-friendly technology via the Web
Mar 04, 2008; ... The concept of "Web 2.0" arose several years ago to describe anew way to think about - and use - the Internet. It refers to asecond generation of the World Wide Web and a strong focus on itsability to let people collaborate and share information online. It's also the focus of this tech ...
Arkansas Supreme Court rules state law bad faith claim preempted by ERISA
Mar 10, 2008 ... ERISA preempts a state law claim for the bad faith denial of long-term disability benefits, the Arkansas Supreme Court has ruled. The plaintiff was a pack-a-day smoker who worked as a maintenancelaborer at a chemical company for over 20 years. He suffered twoheart attacks, ...
California Court of Appeals rules defendant can reduce damages by showing doctors aggravated injury
Mar 10, 2008 ... Defendants in a negligence suit can reduce their liability fornon-economic damages by proving that medical personnel aggravatedthe plaintiff's original injuries, the California Court of Appealhas ruled. The defendants were homeowners. They hired a pool repairman whotripped and ...
Arbitration clause in elder care contract upheld in Arizona Court of Appeals
Mar 10, 2008 ... A state statute that increases remedies for elderly people harmedby their caregivers does not invalidate voluntary arbitrationclauses in elder care patient agreements, the Arizona Court ofAppeals has ruled in granting a motion to compel arbitration. The plaintiff was the ...
Stock options backdating scandal settles down
Mar 10, 2008; ... After two years of escalation in the stock options backdatingscandal, it now appears the investigations are coming to an end withcriminal sentences for top executives and settlements with involvedcompanies. Backdating is a practice in which stock option grant dates areadjusted ...
Arbitration falling out of vogue
Mar 10, 2008; ... After years of making mandatory pre-dispute arbitration aboilerplate provision in all contracts, companies are now rethinkingthe use of mandatory arbitration in business-to-business, consumerclass action and employment cases. The increase in discovery, motions and appeals in ...
Washington Supreme Court rules out-of-state worker can get in-state comp
Mar 10, 2008 ... An out-of-state worker injured while off-duty from an in-stateproject is entitled to workers' compensation benefits under the"traveling employee" doctrine, the Washington Supreme Court hasruled. The worker was a journeyman bricklayer from Pennsylvania inWashington for a furnace ...
7th Circuit rules nurse can sue over firing due to husband's cancer treatment
Mar 10, 2008 ... A nurse who claimed that that her firing was prompted by her self-insured employer's interest in avoiding the cost of her husband'scancer treatment can sue under the ADA, the 7th Circuit has ruled inreversing a summary judgment. The nurse worked at a hospital for nearly four years ...
U.S. Tax Court rules disability payment from former spouse is taxable income
Mar 10, 2008 ... A woman who received a portion of her ex-husband's disabilitypayments as part of her divorce agreement should have included it inher taxable gross income, the U.S. Tax Court has ruled. The divorce decree provided for an alimony payment of a portionof the husband's income, or in ...
Lawyers split on 401(k) ruling
Mar 10, 2008; ... Since the Supreme Court's recent ruling that an individualemployee who lost money in his 401(k) account could sue under ERISA,lawyers have been weighing the decision's impact - and they'resplit. Some say the case represents a big change. "This is the biggest case to come ...
Iowa Supreme Court rules med-mal claims reinstated under 'discovery' rule
Mar 10, 2008 ... Iowa's two-year statute of limitations for medical malpracticeclaims does not begin to run until a plaintiff discovers both the"injury" and the factual basis for it, the Iowa Supreme Court hasruled in reversing summary judgments in two cases. In the first case, after several weeks ...
Iowa Supreme Court rules cellphone customer can't sue over collection of fees
Mar 10, 2008 ... A cellphone customer can't sue her former service provider forallegedly violating state consumer credit law by instituting anaction to collect early termination fees, the Iowa Supreme Court hasruled in affirming a summary judgment. The plaintiff cancelled her service contract with ...
U.S. District Court in Colorado rules retaliation plaintiff must show 'but for' causation
Mar 10, 2008 ... A federal employee who claimed she was denied a promotion and agreater performance bonus in retaliation for filing a discriminationclaim was required to show that the adverse employment actions wouldnot have occurred "but for" her protected activity, a U.S. DistrictCourt in Colorado has ...
Illinois Supreme Court rules player can't recover damages for hockey injury
Mar 10, 2008 ... A youth ice hockey player can't recover damages on a claim thathe suffered injuries when other players "willfully and wantonly"bodychecked him from behind during the course of play, the IllinoisSupreme Court has ruled. The plaintiff's son suffered severe head and neck injuries ...
Oregon Supreme Court rules state cap on noneconomic damages is constitutional
Mar 10, 2008 ... A $1 million wrongful death award could be reduced to $500,000because a state law capping noneconomic damages doesn't violate theplaintiff's constitutional rights to a remedy and a jury trial, theOregon Supreme Court has ruled. The plaintiff sued various medical providers for ...
Ohio Supreme Court rules workers' comp subrogation law is constitutional
Mar 10, 2008 ... An employer could recover workers' compensation payments from aninjured employee's products liability damages because a state lawauthorizing such a remedy is constitutional, the Ohio Supreme Courthas ruled in answering a certified question from a U.S. DistrictCourt. The ...
U.S. Supreme Court makes preemptive strike
Mar 10, 2008; ... In a trio of recent decisions - including a ruling that federallaw bars state tort claims challenging the safety of FDA-approvedmedical devices - the U.S. Supreme Court held that federal statutespreempt state laws, regulations and tort actions. And even though at least one ...
U.S. Supreme Court won't rule on FDA fraud claims
Mar 10, 2008 ... The U.S. Supreme Court recently heard oral argument in a caseraising yet another preemption issue - what authority states have toallow tort suits alleging that a drug maker misrepresented facts tothe Food and Drug Administration that affected the agency's approvaldecision. But a ...
U.S. District Court in Conn. rules cash-balance plans don't violate ERISA
Mar 10, 2008; ... An employer's conversion of an employee retirement plan to a cash-balance plan doesn't constitute age discrimination under ERISA, aU.S. District Court in Connecticut has ruled in two separate cases. In the first case, the employer converted its pension plan from atraditional ...
Severance package waiving FMLA claims upheld in U.S. District Court in Penn.
Mar 10, 2008 ... An employee's release of past Family and Medical Leave Act claimsis not void when made in exchange for an increased severancepackage, a U.S. District Court in Pennsylvania has ruled. The employee was a secretary who clashed with a supervisor. Shereported the issue to a human ...
6th Circuit rules attorney liable as 'debt collector' under Fair Debt Act
Mar 10, 2008 ... An attorney running a collection agency may be liable as a "debtcollector" under the Fair Debt Collection Practices Act for sendinga potentially deceptive collection letter, the 6th Circuit has ruledin reversing a summary judgment for the attorney. The attorney was a sole ...
New York City Criminal Court rules MySpace 'friend request' violates of protection
Mar 10, 2008 ... A MySpace "friend request" constitutes a violation of a nocontact order of protection, a New York City criminal court hasruled. A family court judge issued an order of protection against thedefendant, barring her from having any contact with her father'sformer girlfriend and two ...
U.S. District Court in Penn. rules insurance policy doesn't cover take-out deliveries
Mar 10, 2008 ... A Chinese restaurant's insurance policy doesn't cover an accidentcaused by its delivery service's driver, a U.S. District Court inPennsylvania has ruled in granting summary judgment for the insurer. The restaurant owners applied for insurance, stating in theirapplication that the ...
Nebraska Supreme Court rules man may be liable for depreciation of marital assets
Mar 10, 2008 ... A husband may be required to compensate his ex-wife for thedepreciation of investments that occurred during the period heunreasonably delayed in accomplishing the division of maritalproperty, the Nebraska Supreme Court has ruled in reversing adivorce order. The parties' divorce ...
5th Circuit rules employees' fraud claim not preempted by federal law
Mar 10, 2008 ... Neither ERISA nor the National Labor Relations Act preempts aclass of plaintiffs' state law claims that their employerfraudulently induced them to transfer to a subsidiary that was latersold, the 5th Circuit has ruled. A company decided to separate a portion of its operations into ...
Iowa Supreme Court rules blood drawn without warrant admissible in DUI case
Mar 10, 2008 ... Exigent circumstances supported a warrantless blood draw from aDUI suspect who injured a person and left the scene of the accident,the Iowa Supreme Court has ruled. The defendant ran away from the scene of an accident that left aperson injured. After officers spoke with witnesses ...
Indiana Court of Appeals rules part-time coach not 'eligible employee' under FMLA
Mar 10, 2008 ... A full-time teacher's part-time coaching job isn't protectedunder the Family Medical Leave Act, the Indiana Court of Appeals hasruled in reversing a $332,000 award. The teacher worked as a part-time assistant football coachpursuant to a contract which was separate from his ...
3rd Circuit rules U.S. Park Service can't be sued in tort
Mar 10, 2008 ... The National Park Service can't be sued for negligent maintenancefor failing to remove a tree that fell on a car driving down a parkroad leading to a fatal accident, the 3rd Circuit has ruled. But the 9th Circuit has ruled that the Park Service can be suedfor negligently ...
U.S. District Court in Michigan rules federal law preempts tort claim against auto lessor
Mar 10, 2008 ... Federal law preempts a vicarious liability claim against anautomobile lessor that owned a vehicle involved in an accident withthe plaintiff, a U.S. District Court in Michigan has ruled ingranting summary judgment. The plaintiff was injured in a collision involving her ...
10th Circuit rules trustee's loan avoidance restricted to value of collateral
Mar 10, 2008 ... A bankruptcy trustee who avoided a lien on the debtors' vehiclewas entitled to recover only the value of the vehicle, and not thefull value of the loan it secured, the 10th Circuit has ruled. The debtors used their 1980 Pontiac Trans Am as collateral for a$3,000 loan from their ...
U.S. Supreme Court to answer: Did divorce decree waive wife's pension rights?
Mar 10, 2008 ... Did a divorce decree constitute a waiver of a former wife'srights as the named beneficiary of her deceased husband's employeepension plan? The U.S. Supreme Court has agreed to answer this question,reviewing a decision from the 5th Circuit. In that case, the plaintiff was ...
8th Circuit rules nonconsensual 'Terry' stop-and-frisk invalid
Mar 10, 2008 ... A report of possible misdemeanor trespassing does not support aTerry stop and frisk of someone matching the suspect's description,the 8th Circuit has ruled in reversing the denial of a motion tosuppress. The police received an anonymous complaint about suspiciouspeople at an ...
6th Circuit rules identity theft victim can't sue for invasion of privacy
Mar 10, 2008; ... An identify theft victim had no invasion of privacy claim againsta clerk of courts who published a traffic citation containing herSocial Security number and other personal information on theInternet, the 6th Circuit has ruled in dismissing the complaint. A year after the plaintiff ...
Minnesota Supreme Court rules police could stop suspected armed passenger
Mar 10, 2008; ... A witness report that a passenger in a motor vehicle has a gungives police a reasonable suspicion of criminal activity to stop thevehicle, even though state law allows a person with a permit tocarry a gun in public, the Minnesota Supreme Court has ruled. The police heard a radio ...
2nd Circuit rules Age Discrimination Act doesn't apply to actions of Social Security personnel
Mar 10, 2008; ... The Age Discrimination Act does not apply to the Social SecurityAdministration's implementation of its program, the 2nd Circuit hasruled. The plaintiffs were an elderly attorney and his wife who soughtpast-due Social Security Administration benefits they claimed hadbeen ...
6th Circuit rules security cameras in school locker rooms invade privacy
Mar 10, 2008 ... Public middle school officials violated the Fourth Amendment whenthey placed surveillance cameras in student locker rooms, the 6thCircuit has ruled. The middle school's board members voted to install securitycameras and delegated oversight of the project to the ...
Missouri, Ohio Supreme Courts rule sex offender residency laws not retroactive
Mar 10, 2008 ... State residency requirements prohibiting sex offenders fromliving within 1,000 feet of schools can't be applied retroactively,the Missouri and Ohio Supreme Courts have ruled. In the Missouri case, the occupant had lived in his home locatedwithin 1,000 feet of a school since 1997 ....
U.S. Supreme Court rules EEOC questionnaire qualifies as 'charge' under ADEA
Mar 10, 2008 ... An employee's EEOC intake questionnaire constitutes a "charge"under the Age Discrimination in Employment Act, the U.S. SupremeCourt has ruled. A FedEx employee filed an intake questionnaire with the EEOC,claiming her employer violated the Act. Federal law requires that ...
U.S. District Court in N.Y. rules overseas whistleblower protected by Sarbanes-Oxley
Mar 10, 2008 ... An overseas employee is protected by the whistleblower provisionsof Sarbanes-Oxley, a U.S. District Court in New York has ruled. A foreign citizen worked for a Bermuda company listed on the NewYork Stock Exchange. In 1992, she left the United States for anassignment in France, ...
More FDA inspectors needed
Mar 10, 2008 ... The Food and Drug Administration needs more inspectors and acomprehensive computer database to better track products enteringthe U.S. from a growing number of drug manufacturers, brokers anddistributors, a top drug safety official told lawmakers. Dr. Janet Woodcock, acting director ...
Pew Center reports shows 1 in 100 Americans incarcerated
Mar 10, 2008 ... The U.S. incarceration rate has reached an all time high, withmore than one in every 100 adults in America in jail or prison,according to a newly released study. According to a new report released by the Pew Center on theStates' Public Safety Performance Project, at the start of ...
1st Circuit rules defendant needn't always get notice of above- guidelines sentence
Mar 10, 2008 ... A defendant needn't always be given notice of a court's intentionto impose a sentence greater than the range under the federalsentencing guidelines, the en banc 1st Circuit has ruled. The defendant was convicted of armed carjacking and other relatedweapons offenses. Under the ...
2nd Circuit rules ERISA plan could deny payment for mastectomy
Mar 10, 2008 ... An ERISA plan administrator didn't violate the Women's Health andCancer Rights Act by denying payment for a portion of the cost of abeneficiary's breast reconstruction surgery following a bilateralmastectomy, the 2nd Circuit has ruled. The beneficiaries were ahusband and wife. The ...
New Jersey Supreme Court rules suspect who denied owning bag can challenge search
Mar 10, 2008 ... A suspect who denied ownership of a duffel bag located in someoneelse's apartment did not waive his standing to challenge theconstitutionality of searching the bag, the New Jersey Supreme Courthas ruled in reversing the denial of a motion to suppress. Policeofficers had a warrant for a ...
N.Y. Supreme Court rules fire-damaged insured may seek consequential damages
Mar 10, 2008 ... A fire-damaged insured that claimed its insurer wrongfully deniedfull business interruption coverage may seek consequential damagesafter its business collapsed, New York's highest court has ruled inreversing a summary judgment. The plaintiff was a meat market that suffered a ...
U.S. Supreme Court to answer: When can police search vehicle post- arrest?
Mar 10, 2008 ... Does the Fourth Amendment permit the warrantless search of a carafter its occupant has been arrested and secured? The U.S. Supreme Court has agreed to answer this question. Thejustices will determine whether police must demonstrate a threat totheir safety or a need to preserve ...
Attorney General Mukasey says DOJ won't pursue contempt charges
Mar 10, 2008 ... Attorney General Michael Mukasey refused to ask a federal grandjury to consider contempt of Congress charges against two ofPresident George W. Bush's top aides. Mukasey said White House Chief of Staff Josh Bolten and formerpresidential counsel Harriet Miers didn't commit a crime ....
FDA revisits public notification policy
Mar 10, 2008 ... The Food and Drug Administration is reexamining its policy on howto tell the public about safety concerns involving foods, drugs,medical devices and other regulated products, the agency'scommissioner told an FDA advisory panel. "How we communicate what we do is as important as what ...
Subprime suits on the rise
Mar 10, 2008; ... The quiet times are over for securities litigators. The subprime mortgage meltdown has spurred a record number ofinvestor class actions and other litigation, and attorneys andresearchers say this is just the tip of the iceberg. "I think we are just seeing the beginning of the ...
Commentary: Google tools, tips and tricks
Mar 10, 2008; ... As my friends know, I love to find useful free tools on theInternet. Google remains at the top of my list. However, many peopledon't know that there are literally thousands of ways to use Googleto find answers to thorny questions, resolve computer glitches andscour the Internet for ...
Commentary: Fixing questionable writing
Mar 10, 2008; ... We often run across confusing writing. And it's not only legalwriting - there is plenty of mediocre writing out there. Recently Isaw two sentences in a local "newspaper" that cried out forimprovement. The county is taking soil samples needed in order for it tofinish its design ...
U.S. Supreme Court makes preemptive strike
Mar 10, 2008; ... In a trio of recent decisions - including a ruling that federallaw bars state tort claims challenging the safety of FDA-approvedmedical devices - the U.S. Supreme Court held that federal statutespreempt state laws, regulations and tort actions. And even though at least one ...
Federal agencies experiencing problems with encryption
Mar 10, 2008 ... Private companies are not the only ones struggling to comply withencryption requirements. A recent report from the U.S. Government Accountability Office onInformation Security noted that several federal agencies have alsosuffered from data breaches. In May 2006, an employee ...
States push through data breach laws
Mar 10, 2008; ... In the wake of several data breach scandals in 2005, states beganto propose notification laws requiring companies that handledpersonally identifiable information to inform individuals of databreaches. Just a few years later, 39 states and the District of Columbiahave passed some ...
'Strategy and the Fat Smoker'
Mar 10, 2008; ... In March 2005, David Maister was overweight and nearing hisfourth decade of smoking a pack of cigarettes a day. After sufferinga series of medical problems, he began the arduous process of diet,exercise and going cold turkey. While this was obviously beneficial from a health ...
As justices consider retaliation claims, DOJ is on both sides
Mar 10, 2008; ... The Supreme Court recently heard oral argument in two casesraising the issue of when, if ever, employees can bringdiscrimination-based retaliation claims under 42 U.S.C.[section]1981 and the Age Discrimination in Employment Act. The government was in the unusual position of ...
The sky's not the limit for attorney in Castle Rock, Colo.,
Mar 10, 2008; ... Declan O'Donnell is here to promise you the moon. Literally. A sole practitioner based in Castle Rock, Colo., O'Donnell is oneof a growing population of lawyers who claim to practice "spacelaw." But unlike most of them, whose interest in space is limited tothe general ...
U.S. Supreme Court will decide if evidence found in 'good faith' search admissible
Mar 10, 2008; ... Does the exclusionary rule apply to evidence obtained in a searchconducted in good faith reliance on a warrant from anotherjurisdiction which had been rescinded? The U.S. Supreme Court has agreed to answer this question,reviewing a decision from the 11th Circuit. In that ...
Passenger wins $10.2M in U.S. Supreme Court for faulty seatbelt
Mar 10, 2008; ... Declan O'Donnell is here to promise you the moon. Literally. A sole practitioner based in Castle Rock, Colo., O'Donnell is oneof a growing population of lawyers who claim to practice "spacelaw." But unlike most of them, whose interest in space is limited tothe general ...
N.Y Court of Appeals rules DNA isn't, but fingerprint analysis is testimonial under Crawford
Mar 10, 2008; ... A DNA analysis is not testimonial under Crawford but latentfingerprint comparison reports are, New York's highest court hasruled in two separate appeals. The first defendant was convicted of several burglaries after anofficer obtained his fingerprints from evidence at one of the ...
6th Circuit rules employee can sue for serial harassment by co- worker
Mar 10, 2008; ... An employee can sue under Title VII for ongoing retaliatoryharassment by a co-worker that was known but not restrained by theemployer, the 6th Circuit has ruled. The plaintiffs were female brewery workers who complained aboutuninvited sexual touching, comments and written notes ...
Colorado Supreme Court rules rape shield law applies to witnesses
Mar 10, 2008; ... A state rape shield law limiting use of evidence of past sexualabuse and conduct applies to witnesses as well as victims, theColorado Supreme Court has ruled. At a pretrial hearing and at a trial on charges that thedefendant sexually assaulted his daughter, his attorney ...
California Court of Appeal rules release can't bar injured equestrian's claim
Mar 10, 2008; ... A riding stable's release does not bar the claim of a riderinjured in a fall-and-drag incident she claims the stable's guidecaused, the California Court of Appeal has ruled. The plaintiff rented a horse from a stable for a guided trailride through a national park. She signed a ...
Iowa Supreme Court rules videotaped interrogation is admissible to rebut insanity
Mar 10, 2008 ... The videotaped interrogation of an attempted murder defendantcould be introduced in order to rebut his claim of insanity, eventhough the evidence was excluded from the state's case-in-chiefbecause of constitutional violations, the Iowa Supreme Court hasruled in affirming a ...
Arizona Supreme Court rules employee's multiple thefts are one 'occurrence'
Mar 10, 2008 ... An employee's series of thefts from his employer were a single"occurrence" under a company insurance policy, thereby limiting theemployer's coverage to the policy's $50,000 per-occurrence cap, theArizona Supreme Court has ruled. The employer discovered one ofits accounting employees ...