Lawyers USA back issues from June 2009:
New York Court of Appeals rules class member can't examine law firm case files
Jun 01, 2009; ... Law firms that served as class counsel in shareholder suitsaren't required to make case files available to an "absent" memberof the class, New York's highest court has ruled in affirmingjudgment. The three firms in the case served as co-counsel in shareholderclass actions ...
Washington Supreme Court rules 'squeeze' search exceeded scope of stop
Jun 01, 2009; ... A police officer exceeded the permissible scope of a stop-and-frisk search when he squeezed a man's pants pocket until hediscovered a small packet of methamphetamine, the Washington SupremeCourt has ruled in reversing a conviction. A police officer pulled a vehicle over for a ...
10th Circuit rules law firm not entitled to fee after representation transferred
Jun 01, 2009; ... A law firm is not entitled to a contingent fee on a personalinjury verdict issued before the transfer of representation toanother firm, the 10th Circuit has ruled. A plaintiff retained a law firm to represent him in a workplaceaccident suit. His fee agreement provided that he ...
Massachusetts lawyer facing huge divorce settlement disappears
Jun 01, 2009; ... A Massachusetts lawyer facing a huge divorce settlement hasdisappeared , the Boston Herald reports. Cynthia Dziurgot, a 55-year-old lawyer, has not been seen orheard from in weeks. Her husband, John Farnsworth, filed for divorcein 1996 after 10 years of marriage. In ...
Alaska Supreme Court rules tenant can be evicted for slip and fall suit
Jun 01, 2009; ... A landlord who evicted a tenant who sued for slip and fall didn'tviolate a state anti-retaliation law, the Alaska Supreme Court hasruled. The tenant worked for the landlord, a motel, and also rented aroom at a reduced employee rate. After the tenant was injured in afall on the ...
Oklahoma Supreme Court rules junk fax suit can be brought in state court
Jun 01, 2009; ... Plaintiffs who received junk faxes can sue for violations offederal consumer protection law in state court, the Oklahoma SupremeCourt has ruled. The appeal involved two separate class actions. In each case, theplaintiffs sued in state court alleging that the defendants ...
U.S. Tax Court rules woman's estate includes marital deduction
Jun 01, 2009; ... A woman's estate for federal tax purposes included the amount forwhich the estate of her predeceased husband claimed a maritaldeduction, the U.S. Tax Court has ruled. The woman's husband established a qualified terminal interestproperty (QTIP) trust for her benefit. When he ...
Supreme introductions and decisions: June 2, 2009
Jun 01, 2009; ... This week U.S. Supreme Court nominee Sonia Sotomayor beginsmeeting with members of the Senate, including Harry Reid, PatrickLeahy, Jeff Sessions and Mitch McConnell. Those meetings, scheduledfor Tuesday, begin the informal dance between lawmakers and thenominee, part of the vetting ...
U.S. Supreme Court rules in FELA case
Jun 01, 2009; ... A jury in a Federal Employers' Liability Act case must beinstructed in the requirements a plaintiff must meet to obtain pain-and-suffering damages based on a fear of contracting cancer, TheU.S. Supreme Court ruled. The plaintiff, a railroad employee, sued his employer, ...
U.S. Supreme Court remands $5M railroad worker verdict
Jun 01, 2009; ... In a per curiam opinion, the U.S. Supreme Court today reversedand remanded a $5 million verdict in favor of a railroad worker whosued his employer for negligently exposing him to asbestos. TheCourt held that the jury should have been instructed on the properelements of the plaintiff's ...
How to sell yourself: the resume
Jun 01, 2009; ... Selling yourself to an employer has never been more important. At a recent American Bar Association webinar, "How to SellYourself: Developing the perfect pitch," panelist Martha Fay Africa,a partner at the legal recruitment firm Major, Lindsay & Africa inSan Francisco, offered ...
Levaquin lawsuits filed in N.J.
Jun 01, 2009; ... Mark & Associates and The Lanier Law Firm have filed threelawsuits in state court in New Jersey against the makers ofLevaquin, alleging the antibiotic caused tendon ruptures. According to a press release, the suits allege than Johnson &Johnson and Ortho-McNeil promoted Levaquin as ...
New lawsuit planned against Hydroxycut makers
Jun 01, 2009; ... A 27-year-old former Army radio operator plans to sue the makersof the popular supplement Hydroxycut, claiming the drug caused himto be stricken with the muscle disorder rhabdomyolysis. The ...
Kentucky Supreme Court rules employer's insurer must pay for worker's medical test
Jun 02, 2009; ... A health care worker who was splattered in the eye with bloodsustained a compensable traumatic injury requiring the employer'sinsurance carrier to pay for OSHA-related prophylactic tests, theKentucky Supreme Court has ruled. The worker was clearing an IV line when he was splattered ...
Nationwide class actions over Chinese drywall move forward
Jun 02, 2009; ... Nationwide class actions over Chinese drywall continue to moveforward, with several new developments in recent weeks. The suits allege that German drywall manufacturer Knauf Gips KGobtained contaminated drywall from its subsidiary in China that hasended up in U.S. homes, mostly in ...
Another delay for E-Verify rule
Jun 02, 2009; ... For a fourth time, the federal government has delayed theimplementation of a rule requiring all companies working on federalcontracts to electronically check the legal working status of theiremployees through the Department of Homeland Security's E-Verifysystem. Because of ...
State of Connecticut bans BPA in children's products
Jun 02, 2009; ... The state of Connecticut has banned the use of bisphenol-A,better known as BPA, in plastic containers used by babies andchildren. Bisphenol A, commonly known as BPA, is used to harden plastic andis found in a wide variety of containers. Federal authorities andresearchers have ...
U.S. District Court in California rules credit agency isn't required to process fraud alert
Jun 02, 2009; ... A credit reporting agency isn't required to process a fraud alertissued by an identity theft prevention service on behalf of itscustomer, a U.S. District Court in California has ruled in grantinga summary judgment. The Fair Credit Reporting Act imposes a duty on a creditreporting ...
9th Circuit rules punishment for student walkout is constitutional
Jun 02, 2009; ... School officials did not violate the First Amendment bydisciplining middle-school students for leaving school grounds toparticipate in an immigration-related protest, the 9th Circuit hasruled. Several middle-school students walked out of school toparticipate in a neighborhood ...
California Supreme Court rules bank can impose overdraft fees on public benefits
Jun 02, 2009; ... A bank did not violate state law when it charged overdraft feeson accounts used for the direct deposit of public benefit paymentssuch as Social Security, the California Supreme Court has ruled invacating a class award of $284 million plus statutory damages. Bank of America recouped ...
Indiana Supreme Court rules discounted price for medical services is admissible
Jun 02, 2009; ... The discounted price actually paid for medical services isadmissible as evidence of the reasonable value of those services,the Indiana Supreme Court has ruled. The plaintiff in a personal injury suit introduced medical billsat trial totaling $11,570. The defendant sought to ...
Supreme Court Justice Clarence Thomas flies coach, talks gridiron, gets commencement gig
Jun 02, 2009; ... A while back, two Maryland high school football players travelinghome after a recruiting trip to the University of Nebraska struck upa conversation with a man seated on the plane next to them. Theamiable guy, as it happened, was a huge Cornhuskers fan and so thethree talked ...
Senate Majority Leader Harry Reid praises Sotomayor ahead of Senate meetings
Jun 02, 2009; ... Before heading into meetings with top Senate Republicans andDemocrats today, U.S. Supreme Court nominee Sonia Sotomayor joinedSenate Majority Leader Harry Reid for a quick photo op just momentsago. Sotomayor didn't comment, but Reid offered some words of strongsupport for the 2nd ...
Sotomayor tells Leahy she will "ultimately and completely follow the law
Jun 02, 2009; ... Senate Judiciary Committee Chairman Patrick Leahy, after meetingwith Supreme Court nominee Sonia Sotomayor, decried GOP critics whoblasted the judge over controversial comments she made in a speech. As anyone with a television or computer knows by now, Sotomayorhas come under GOP ...
Sessions, Sotomayor doesn't want to have personal feelings in judicial decision making
Jun 02, 2009; ... Ranking Senate Judiciary Committee member Jeff Sessions said heand Supreme Court nominee Sonia Sotomayor discussed how personalfeelings may come into play in judicial decision making. But, hesaid, the real vetting of the nominee is still to come. Declining to go into as much detail ...
N.J. Appellate Division rules employer's after-acquired evidence triggers new trial for employee
Jun 02, 2009; ... When is after-acquired evidence of a plaintiff's cessation ofemployment with a prior employer admissible in a wrongful dischargecase? The New Jersey Appellate Division tried to answer that questionon Tuesday in a case brought by a former employee of Automated ...
Companies work on pro-BPA marketing blitz
Jun 03, 2009; ... Hooray for BPA! Well, at least that is the message some companies plan to take toconsumers and to lawmakers in a bid to thwart a ban of the chemical,which has raised health concerns and spurred a number of lawsuits. Seeking to create a counter voice to growing concerns of ...
Could the new credit card bill lead to litigation?
Jun 03, 2009; ... Last month, President Barack Obama signed the "Credit CardAccountability, Responsibility and Disclosure Act of 2009" into law.And now lawyers across the country are wondering: will the new lawlead to private consumer litigation? The legislation establishes new rules for the credit ...
Kentucky Court of Appeals rules car buyer can't sue eBay seller
Jun 03, 2009; ... Kentucky courts don't have jurisdiction over a Missouri defendantwho allegedly sold a "lemon" via eBay to a Kentucky car buyer, theKentucky Court of Appeals has ruled in vacating a $36,000 defaultjudgment. The plaintiff is a resident of Kentucky. He purchased a 2002Cadillac ...
6th Circuit rules electronic transfer case not time-barred
Jun 03, 2009; ... The one year statute of limitations under the Electronic FundsTransfer Act begins when the first recurring transfer takes place,not when the plaintiff arranges it, the 6th Circuit has ruled. A telemarketer sold the plaintiff a membership to a discountclub. On the phone, the ...
Food and Drug Administration will revisit BPA safety classification
Jun 04, 2009; ... Food and Drug Administration Commissioner Margaret Hamburg hasagreed to review the conclusion reached by the agency last year thata controversial additive in food containers like baby bottles issafe for children. The decision to revisit the classification of bisphenol-A - ...
7th Circuit rules National Guardsman can't sue over scheduling change
Jun 04, 2009; ... A member of the National Guard can't sue his employer forrescinding its flexible scheduling policy, the 7th Circuit has ruledin affirming judgment. The plaintiff is a member of the Army National Guard who isemployed as a police officer by the city of Mt. Vernon, Ill. The city ...
And N.H. makes 6: same-sex marriage bill becomes law
Jun 04, 2009; ... Governor John Lynch signed legislation legalizing same-sexmarriage in the state of New Hampshire yesterday afternoon, makingit the sixth state to allow gay marriage. The new law will take affect Jan. 1, 2010. Both the state House and the Senate had previously ...
6th Circuit rules employee can sue building contractor
Jun 04, 2009; ... A contractor hired to remodel a travel center may be liable forinjuries sustained by an employee of the property owner, the 6thCircuit has ruled in reversing a U.S. District Court. The plaintiff was injured when a door fell on her duringconstruction at the travel center where she ...
Tweeters atwitter over recent barbs
Jun 04, 2009; ... Legal marketing guru Larry Bodine has ignited an online tempestwith his criticism of Twitter, the popular social networking site. In an article on his blog late last month, Bodine, a Chicago-based legal marketing consultant, stated that Twitter is "noteffective for law firm ...
Washington state employers must recognize same-sex couples
Jun 04, 2009; ... Employers in Washington state must treat registered domesticpartners the same as married couples, such as group health insurancecoverage, ...
7th Circuit rules employer's insurer needn't provide 'conflict counsel'
Jun 04, 2009; ... An employer who was sued for discrimination could not require itsinsurer to appoint independent counsel because there was no actualconflict between the insured and insurer, the 7th Circuit has ruledin a declaratory judgment action. Four former employees filed EEOC charges against ...
N.H. lawyer looking to advertise on police cruisers
Jun 04, 2009; ... Salem, N.H. defense attorney Mark Stevens has written a letter tothe town's mayor requesting he be allowed to advertise his ...
Court in Calif. upholds massive arbitration award
Jun 04, 2009; ... A California court has affirmed an employment arbitration awardof $4.1 billion to a former chief marketing officer of a technologycompany ....
U.S. District Judge Kent's 'judicial reign of terror' described at Congressional impeachment probe
Jun 04, 2009; ... U.S. District Judge Samuel Kent - who become the first sittingfederal judge to be indicted on sex crime charges and was later wasconvicted of lying during the ensuing investigation - announcedearlier this week that he would resign. Lawmakers had vowedimpeachment proceedings if the judge ...
U.S. Attorney General Holder reverses Bush-era ineffective counsel rule
Jun 04, 2009; ... Attorney General Eric Holder has vacated a Bush-era order barringdefendants in removal proceedings from making Fifth Amendment-basedineffective assistance of counsel claims. In an order issued June 3, Holder vacated a decision issued byAttorney General Michael Mukasey just five ...
Bill would allow soldiers to bring med-mal suits
Jun 04, 2009; ... A bill that would give service members on active duty the rightto sue the U.S. for damages for non-combat related injuries hasadvanced in the House. The Carmelo Rodriguez Military Medical Accountability Act, H.R.1478, was approved by the House Commercial and Administrative ...
U.S. Supreme Court: Bilski v. Doll
Jun 04, 2009; ... PATENT Must a "machine-or-transformation" test be applied to aparticular apparatus in order for it to be eligible for ...
U.S. Supreme Court: Black v. U.S
Jun 04, 2009; ... CRIMINAL LAW - FRAUD Can defendants be found guilty for "honest services" fraud inaddition to conventional fraud if the jury did not receive a ...
U.S. Supreme Court: Free Enterprise Fund v. PCAOBI
Jun 04, 2009; ... Sarbanes-Oxley Is the Sarbanes-Oxley Act is unconstitutional? Click here for therelated article. U.S. Supreme ...
U.S. Supreme Court: U.S. v. Stevens
Jun 04, 2009; ... Does a statute prohibiting the knowing creation, sale, orpossession of a depiction of a live animal being intentionally maimed or killed violate ...
U.S. Supreme Court: Bloate v. U.S.
Jun 04, 2009; ... Speedy Trial Is the time requested by a defense attorney to prepare pretrialmotions excluded from the 70-day time limit for bringing a case ...
New Jersey Appellate Division finds after-acquired evidence inadmissible
Jun 05, 2009; ... An employer sued for wrongful discharge could not introduce"after-acquired" evidence that the plaintiff misrepresented thecircumstances under which she left a prior employer, the New JerseyAppellate Division has ruled. The plaintiff sued under the state's whistleblower law, ...
9th Circuit says 401(k) repayment isn't deductible in bankruptcy
Jun 05, 2009; ... A debtor's repayment of a loan from his 401(k) fund doesn'tqualify as a deduction from gross income for the purpose of theBankruptcy Code's new means testing regime, the 9th Circuit hasruled in affirming the dismissal of a Chapter 7 petition. Under the means test established by the ...
California Court of Appeal finds tip-pooling policy doesn't violate state law
Jun 05, 2009; ... Starbucks' tip-pooling policy doesn't violate state law, theCalifornia Court of Appeal has ruled, reversing a $106 millionverdict for a class of baristas. A former Starbucks barista filed a class action alleging that thecompany's policy permitting shift supervisors to share in the ...
New York Appellate Division says bicyclist can sue for injuries
Jun 05, 2009; ... Riding a bicycle on a paved public roadway does not constitute asporting activity for purposes of applying the primary assumption ofthe risk doctrine, the New York Appellate Division has ruled. The plaintiff was a member of a bicycle club that engaged in long-distance ...
FDA issues guidelines warning against distracting ads
Jun 05, 2009; ... After receiving complaints about medical device and drug, theFood and Drug Administration issued draft guidelines warning againstadvertising that masks information on risks with music and images. The agency warned against hiding important risk information insmall print, or using ...
FDA forms transparency task force
Jun 05, 2009; ... A new task force is seeking recommendations from the public onhow to make the Food and Drug Administration more transparent in itsoperations and decision-making process. "Our administration is committed to making government open andtransparent," said Health and Human Services ...
Bill introduced to extend E-Verify program to 2014
Jun 05, 2009; ... A bill has been introduced that would extend the E-Verify programuntil September 30, 2014. The "Employee Verification Amendment Act of 2009" (H.R. 2679)also calls for a GAO study on error rates and cost impact on smallbusinesses. E-Verify, previously known as Basic Pilot, is ...
Restatement of Employment Law draft adopted by American Law Institute
Jun 05, 2009; ... A draft of the Restatement of Employment Law was adopted by theAmerican Law Institute (ALI) at its annual meeting last month,amidst opposition from some employment experts. Some experts oppose the Restatement because they contend thatcertain employment law matters are still ...
Ohio Supreme Court finds motel can assert 'open and obvious' defense
Jun 05, 2009; ... A motel could raise the "open and obvious" defense in a case overinjuries suffered by an elderly guest who fell when climbing steps,the Ohio Supreme Court has ruled in affirming judgment. The plaintiff's 78-year-old husband fell and broke his hip whenattempting to climb two steps ...
Chronic Fatigue Syndrome: 5th Circuit gives ADA plaintiff a second chance
Jun 05, 2009; ... On Friday, the 5th Circuit served up a primer on Chronic FatigueSyndrome and the Americans with Disabilities Act. The court overturned a summary judgment against LorinNetterville, a Chevron employee with CFS who alleged the companyfailed to accommodate her known substantial ...
5th Circuit says Chronic Fatigue Syndrome disability under ADA
Jun 05, 2009; ... An employee who suffered a recurrence of Chronic Fatigue Syndromecan sue under the ADA, the 5th Circuit has ruled in reversing asummary judgment. The plaintiff had originally been diagnosed in 1987 while she notworking, but she received treatments and the symptoms went ...
8th Circuit Bankruptcy Appellate Panel rules landlord gets full rent despite tenant's bankruptcy
Jun 08, 2009; ... A commercial landlord was entitled to the full payment of rentdue after his tenant filed for bankruptcy, the 8th CircuitBankruptcy Appellate Panel has ruled in reversing judgment. The tenant leased cropland from the landlord. Two days before a$91,000 payment was due under the ...
Tobacco plaintiff wins $30 million award in Escambia County Circuit Court
Jun 08, 2009; ... In the latest in a string of plaintiffs' victories in the Floridatobacco litigation, a jury has awarded the widow of Benny Martin $30million, including $25 million in punitive damages. Using the multi-phase format established in the Engle litigation,a six-person jury determined ...
North Carolina: Huge economic impact on child support
Jun 08, 2009; ... Families in North Carolina have been hit hard by the economy,with a drastic impact on child support, reports the News andObserver . According to the state Department of Health and Human Services,from June 2008 to March 2009, the number of noncustodial parentswhose child support ...
U.S. Supreme Court rules on time limits in qui tam appeals
Jun 08, 2009; ... When the United States formally declines to intervene in a quitam action brought under the False Claims Act, the relevant timeframe for filing a notice of appeal is 30 days, the U.S. SupremeCourt has ruled. The plaintiff was a city employee who brought a qui tam FalseClaims Act ...
Massachusetts Supreme Judicial Court rules bias remedy may supersede union seniority rules
Jun 08, 2009; ... An employer's grant of retroactive seniority to settle adisability suit may be enforced, even though the remedy may havebeen contrary to a governing collective bargaining agreement,Massachusetts' highest court has ruled. The state's transit authority denied a rail repair job to a ...
U.S. Supreme Court justices rule in recusal case
Jun 08, 2009; ... The Due Process Clause requires an elected judge to recusehimself from a case involving a campaign donor where there is alikely potential for bias, the U.S. Supreme Court has ruled. The plaintiff in the case was the president of a mining companythat competed with the defendant. The ...
1st Circuit rules mayor can be sued for pet slaughter
Jun 08, 2009; ... A mayor can be sued for violating the Fourth Amendment by seizingand killing pets owned by residents of three public housing projectsin Puerto Rico, the 1st Circuit has ruled. The plaintiffs are residents of three public housing complexes inBarceloneta, Puerto Rico. Their pets were ...