Lawyers Weekly USA articles from April 2005

Lawyers Weekly USA archives from April 2005

U.S. Supreme Court says age bias plaintiffs can sue for 'disparate impact'.(Smith v. City of Jackson, Mississippi case)
April 11, 2005... Byline: Reni Gertner Plaintiffs who claim that an employer's practices had a disparate impact on older workers can sue for age discrimination under the ADEA, the U.S. Supreme Court has ruled. However, the scope of disparate impact...

Commentary: Legalese leads to losing argument.(judgement of a duty to defend and indemnify case)(Column)
April 11, 2005... Byline: Judge Mark P. Painter Sometimes a case comes along that shows the folly of legalese better than any made-up example. This is one. It's Kohlbrand v. Ranieri, 2005-Ohio-295. It was decided Jan. 28, and will soon be published. The...

Illinois Supreme Courts says unregistered law firm can still get fees.(Brief Article)
April 11, 2005... Byline: Lawyers Weekly USA Staff The fact that a law firm was not registered as required by a state rule did not prevent an award of legal fees to a client of that firm, the Illinois Supreme Court has ruled. The client, a credit...

Illinois Appellate Court rules lawyer needn't share contingent fee with former firm.
April 11, 2005... Byline: Lawyers Weekly USA Staff A lawyer who formerly worked at a firm discharged by the client before a case settled, needn't share his contingent fee with the firm, the Illinois Appellate Court has ruled in affirming a trial court. ...

Legal malpractice claim is time-barred, South Carolina Supreme Court finds.(Brief Article)
April 11, 2005... Byline: Lawyers Weekly USA Staff The statute of limitations on a legal malpractice claim is not tolled by the "continuous representation" rule, the South Carolina Supreme Court has ruled. Instead, the claim accrued when the client knew...

Debtors can exempt IRAs from bankruptcy estate, U.S. Supreme Court says.(Individual retirement accounts)(Brief Article)
April 11, 2005... Byline: Lawyers Weekly USA Staff A couple who filed for Chapter 7 bankruptcy can exempt their IRAs from their bankruptcy estate, the U.S. Supreme Court has ruled. Both the husband and wife rolled over funds from their...

8th Circuit rules out-of-state homestead exemption can be applied to debtor's new home.(Brief Article)
April 11, 2005... Byline: Lawyers Weekly USA Staff Debtors who filed for bankruptcy shortly after moving to a new state can apply the homestead exemption from their former state to their new home, the 8th Circuit has ruled. The debtors moved to Arizona...

Schiavo case triggers avalanche of interest in advance directives.(Missouri Bar Association, Terri Schiavo Euthanasia case)
April 11, 2005... Byline: Nora Lockwood Tooher Joe B. Whisler knows first-hand the agony a family goes through when a loved one hasn't left an advance directive for health care and end-of-life decisions. Several years ago, his mother-in-law, who had...

8th Circuit finds insurer must defend suit over unsolicited faxes.(statutory damages case between Universal Underwriters Insurance Co. and Futz Automotive Network Inc.)
April 11, 2005... Byline: Lawyers Weekly USA Staff An insurer must defend a claim that its insured violated federal consumer protection law by sending unsolicited faxes, the 8th Circuit has ruled in affirming judgment for the insured. A plaintiff...

Insurance company can't recoup defense costs, Illinois Supreme Court rules.(General Agents Insurance Co. of America Inc.)(Midwest Sporting Goods Co.)
April 11, 2005... Byline: Lawyers Weekly USA Staff An insurance company that accepted a duty to defend under a reservation of rights could not later seek reimbursement of its defense costs when it was determined that no duty to defend had existed, the...

Wisconsin Court of Appeals says arbitration provision in loan agreement not enforceable.(Brief Article)
April 11, 2005... Byline: Lawyers Weekly USA Staff An arbitration provision in a borrower's loan agreement is unenforceable due to the unequal bargaining power between the parties and the lender's unilateral ability to pursue some claims in court, the...

Indiana Supreme Court finds plaintiff can't sue for spoliation of evidence.(Brief Article)
April 11, 2005... Byline: Lawyers Weekly USA Staff A plaintiff who was injured in a fall at Wal-Mart can't sue the store for spoliation of evidence for failing to preserve a surveillance videotape from the day she fell, the Indiana Supreme Court has ruled...

Intoxicated defendant can be sued for punitives, Wisconsin Supreme Court rules.(Brief Article)
April 11, 2005... Byline: Lawyers Weekly USA Staff A defendant who drove drunk and caused a car accident can be ordered to pay punitive damages to the victim based on his disregard of the rights of other drivers, the Wisconsin Supreme Court has ruled. ...

U.S. Supreme Court rules police can't be sued for handcuffing plaintiff.(Brief Article)
April 11, 2005... Byline: Lawyers Weekly USA Staff The police did not violate the Fourth Amendment by handcuffing the occupant of a suspected gang safehouse at gunpoint while they conducted a search and by questioning her about her immigration status, the...

1st Circuit says mother of slain witness can't sue police.(U.S. Court of Appeals)
April 11, 2005... Byline: Lawyers Weekly USA Staff Police officers and other state agents could not be held liable for their alleged failure to keep promises to protect a murder witness, the 1st Circuit has ruled. A 15-year-old girl was shot dead in...

Alaska Court of Appeals finds preexisting arrest warrant cures taint of illegal stop.
April 11, 2005... Byline: Lawyers Weekly USA Staff Evidence obtained by police as the result of an allegedly illegal stop need not be suppressed where the defendant was subject to a preexisting warrant for his arrest, the Alaska Court of Appeals has ruled...

Search of discarded clothing violated constitution, Utah Supreme Court rules.(Fourth Amendment rights violated, argues suspect)
April 11, 2005... Byline: Lawyers Weekly USA Staff The police violated a criminal suspect's Fourth Amendment rights by searching his discarded shoes and jacket, the Utah Supreme Court has ruled. The police received a tip from an anonymous source that...

Indiana Supreme Court says police may be able to search trash.
April 11, 2005... Byline: Lawyers Weekly USA Staff A police search of trash recovered from where it was left for collection is permissible under the state constitution if the police can show reasonable suspicion that the subjects of the search engaged in...

Stop of defendant in parking lot invalid, Illinois Appellate Court rules.(Brief Article)
April 11, 2005... Byline: Lawyers Weekly USA Staff A police officer was not justified in stopping a suspect in a crime-ridden area late at night, the Illinois Appellate Court has ruled. When the officer saw the defendant at 3:30 a.m. he was emerging...

U.S. Supreme Court rules fired basketball coach can sue under Title IX.(Brief Article)
April 11, 2005... Byline: Lawyers Weekly USA Staff The high school coach of a girls' basketball team who claimed he was fired in retaliation for complaining that his team received less funding than the boys' team can sue under Title IX, the U.S. Supreme...

Driver fired for losing license can still get unemployment, Washington Court of Appeals rules.(unemployment benefits)
April 11, 2005... Byline: Lawyers Weekly USA Staff A commercial driver was entitled to unemployment benefits even though he had been terminated for losing his driver's license as the result of traffic violations, the Washington Court of Appeals has ruled....

Florida Court of Appeals finds 'black box' evidence admissible in manslaughter case.(Brief Article)
April 11, 2005... Byline: Lawyers Weekly USA Staff Evidence about a defendant's speed taken from the black box in his car is admissible in a manslaughter case, the Florida Court of Appeal has ruled in affirming a trial court. The defendant crashed into...

Kentucky Court of Appeals says med-mal plaintiff can recover for 'lost chance of survival'.(medical malpractice )(Brief Article)
April 11, 2005... Byline: Lawyers Weekly USA Staff A plaintiff in a medical malpractice case can recover for her diminished chance of recovery or survival, the Kentucky Court of Appeals has ruled. The plaintiff sued her doctor for failing to diagnose...

Pennsylvania Supreme Court says plaintiff can get punitives for negligent supervision.(Brief Article)
April 11, 2005... Byline: Lawyers Weekly USA Staff A victim of sexual molestation by a priest may be awarded punitive damages on a negligent supervision claim, the Pennsylvania Supreme Court has ruled. The case was brought on behalf of a mildly retarded...

Florida Supreme Court rules city can be sued for beach drowning.
April 11, 2005... Byline: Lawyers Weekly USA Staff A municipality could be sued for the drowning deaths of two swimmers at a public beach, the Florida Supreme Court has ruled. A woman who was a guest at a Miami Beach hotel went swimming with her husband...

Landlord liable for attack on office tenant, 1st Circuit rules.(Brief Article)
April 11, 2005... Byline: Lawyers Weekly USA Staff The owner of a condominium office unit could be liable for negligently failing to take security measures that could have prevented the rape of a tenant, the 1st Circuit has ruled in affirming an $877,000...

Parking lot owner had duty to protect customer from assault, Connecticut Supreme Court rules.(Brief Article)
April 11, 2005... Byline: Lawyers Weekly USA Staff A woman who was assaulted by an acquaintance in a parking lot can hold the lot owner liable for failing to protect her, the Connecticut Supreme Court has ruled. The plaintiff, after parking her car for...

Massachusetts Supreme Judicial Court says tenants can recover damages for home invasions.
April 11, 2005... Byline: Lawyers Weekly USA Staff A mother and her son are entitled to recover damages from their landlord for the emotional distress they suffered as the result of several home invasions, Massachusetts' highest court has ruled in...

Arkansas Supreme Court says medical center can't be sued for letting sedated patient drive.
April 11, 2005... Byline: Lawyers Weekly USA Staff The family of a patient can't sue a medical center for failing to prevent him from driving after being sedated, the Arkansas Supreme Court has ruled. The patient underwent a colonoscopy at the center....

9th Circuit finds Coast Guard can't be sued for death of shark attack victim.
April 11, 2005... Byline: Lawyers Weekly USA Staff The family of a woman killed by sharks after her kayak capsized cannot recover damages from the federal government for alleged negligence by the Coast Guard, the 9th Circuit has ruled. The woman and her...

MN Supreme Court orders children's Social Security benefits used to offset father's comp payments.(Minnesota)(Brief Article)
April 11, 2005... Byline: Lawyers Weekly USA Staff Social Security Disability Insurance benefits paid to an injured worker's children must be used to reduce his workers' compensation benefits, the Minnesota Supreme Court has ruled. While employed as an...

Illinois Supreme Court rules laborer with heart condition can get comp for heart attack.(Illinois)
April 11, 2005... Byline: Lawyers Weekly USA Staff A laborer with a pre-existing heart condition was entitled to workers' comp for a heart attack that occurred after performing heavy labor under extreme temperature conditions, the Illinois Supreme Court has...

IRS collects $3.2 billion from tax shelter settlements.(Internal Revenue Service)
April 11, 2005... Byline: Lawyers Weekly USA Staff Taxpayers participating in the "Son of Boss" tax shelter settlement initiative have paid more than $3.2 billion - a figure that should top $3.5 billion when the project concludes in the coming months, the...

Bill introduced in House would end asbestos lawsuits.(Brief Article)
April 11, 2005... Byline: Lawyers Weekly USA Staff A bill that has been introduced in the House would create a $140 billion trust fund for asbestos victims and end asbestos lawsuits. A similar bill was introduced last year, but it languished. The...

Senate Banking Committee considers identity thefts bills.(Brief Article)
April 11, 2005... Byline: Lawyers Weekly USA Staff A package of bills that would set a national standard for protecting consumers' personal information was recently debated at a Senate Banking Committee hearing. The bills are modeled after California's...

IRS waives 60-day IRA rollover requirement.(Internal Revenue Service, individual retirement accounts)(Brief Article)
April 11, 2005... Byline: Lawyers Weekly USA Staff The IRS has waived the 60-day IRA rollover requirement in a private letter ruling. Private letter rulings aren't binding in subsequent cases, but practitioners look to them as an indication of the IRS's...

Commentary: Bankruptcy: The secret weapon in divorce.
April 11, 2005... Byline: Amy Johnson Conner With this in mind, experts say divorce lawyers have to protect their clients from the threat that the opposing spouse might file a Chapter 7 and leave their client handling an overwhelming financial burden. ...

Connecticut attorney faces opposition in quest to help client wave death penalty appeals.(T.R. Paulding)
April 11, 2005... Byline: Bill Ibelle The low point came on the day his client was to be executed. At 9:30 a.m., T.R. Paulding, a small-firm criminal defense attorney in Glastonbury, Conn., received a call from Sister Helen Prejean, the death row nun...

Family lawyer's virtual law office pays big dividends.(Vincent Paul Andreano )
April 11, 2005... Byline: Todd C. Berg Attorney Vincent Paul Andreano of Weston, Fla., has saved a fortune on overhead expenses for his law firm - his spending has gone from almost $84,000 per year to less than $2,000. The family law practitioner...

St. Louis police officer wins damages for injury while investigating drug lab.(David Ryan)
April 11, 2005... Byline: Natalie White A police officer, injured while investigating a "meth lab" in Missouri recently won $600,000 from a homeowner after claiming the person had a duty to warn him of the dangerous chemicals that were illegally stored in...

Bad advice by front desk leads to verdict against Vermont hotel.(Edward Carter v. Rutland Hospitality LLC)
April 11, 2005... Byline: Natalie White When Michelle Siems locked herself out of her Vermont hotel room four years ago, a calamitous chain of events left the elderly man next door with two smashed toes and a broken arm - and the hotel facing a $122,000...

Lawyers find way around governmental immunity in landmark case against New York State.(Steel v. State case)
April 11, 2005... Byline: Natalie White In a landmark case, a judge found New York State liable to the tune of $3.6 million for releasing a prisoner who then raped and murdered a 35-year-old mother of three young boys. The February decision is the first...

Verdicts & Settlements: April 11, 2005: $15M for lung damage from microwave popcorn fumes.
April 11, 2005... Byline: Lawyers Weekly USA Staff A Jasper County jury in Missouri has awarded a former popcorn-plant worker $15 million after finding that exposure to butter-flavoring fumes led to his severe lung problems. The jury took 15 minutes on...

Verdicts & Settlements: April 11, 2005: $8M award for tractor death.
April 11, 2005... Byline: Lawyers Weekly USA Staff Relatives of a man who was killed when a truck hit his tractor have won $8 million in their Jackson County, Mo., case against the trucking company. On Sept. 11, 2002, Christopher M. Taliaferro, 23, was...

Verdicts & Settlements: April 11, 2005: Bar owner ordered to pay $1M for assault.
April 11, 2005... Byline: Lawyers Weekly USA Staff A New Jersey bar owner was ordered to pay $1 million on March 22 for failing to protect the plaintiff from an assault outside the bar by another patron. Plaintiff Ismael Negron, 55, suffered brain...

Verdicts & Settlements: April 11, 2005: $20.5M awarded in tobacco suit.
April 11, 2005... Byline: Lawyers Weekly USA Staff A New York jury on March 28 ordered Philip Morris to pay $20.5 million to a woman who blamed the company for her lung cancer. Plaintiff Norma Rose, 72, sued Altria Group's Philip Morris and American...

Verdicts & Settlements: April 11, 2005: $15.4M settlement over electrical explosion.
April 11, 2005... Byline: Lawyers Weekly USA Staff An apprentice technician who received burns on 60 percent of his body after an electrical explosion settled a lawsuit in March for $15.4 million against engineering contract firm Fluor Corp. and technology...

Verdicts & Settlements: April 11, 2005: Ford must pay $27M in fatal accident.
April 11, 2005... Byline: Lawyers Weekly USA Staff A Illinois jury on March 16 awarded $27 million to the family of a man who died five years ago after finding a faulty driver's seat collapsed during an accident. James Mikolajczyk, 46, was killed at an...

Verdicts & Settlements: April 11, 2005: $17.5M award to man injured in police chase.
April 11, 2005... Byline: Lawyers Weekly USA Staff An Illinois jury awarded $17.5 million to a man who was injured when a police officer crashed into his car during a police chase in 2001. It's the largest police chase verdict ever against the Chicago...

U.S. Supreme Court Case Summaries: April 11, 2005.
April 11, 2005... Byline: Lawyers Weekly USA Staff AGE DISCRIMINATION Plaintiffs who claim that an employer's practices had a disparate impact on older workers can sue for age discrimination under the ADEA. Smith v. City of Jackson, Miss. (Lawyers...

U.S. Supreme Court Certiorari Granted: April 11, 2005.
April 11, 2005... Byline: Lawyers Weekly USA Staff BANKRUPTCY Does the Bankruptcy Clause validly abrogate state sovereign immunity? U.S. Supreme Court. Central Virginia Community College v. Katz, 04-885. Certiorari granted April 4, 2005. Ruling...

Major bankruptcy overhaul becomes law.
April 25, 2005... Byline: Reni Gertner A sweeping consumer bankruptcy bill that will make it more difficult for debtors to file for bankruptcy has been signed into law by President Bush. The bulk of the provisions in the new law go into effect on Oct....

Summary jury trials save time and money.
April 25, 2005... Byline: Nora Lockwood Tooher The young woman had gone to a dermatologist for a chemical peel to improve the appearance of her facial skin. But the peel was mixed incorrectly and severely burned her entire face. She sued the...

Increasing number of health care providers refusing to give treatment based on religious beliefs.
April 25, 2005... Byline: Correy E. Stephenson An increasing number of health care providers across the country are invoking their religious beliefs to refuse to give treatment, medication and services they find morally objectionable. The most common...

New law requires New Mexico drunk drivers to use ignition interlocks.(Brief Article)
April 25, 2005... Byline: Lawyers Weekly USA Staff New Mexico has become the first state to require that all convicted drunken drivers have ignition interlocks in their vehicles. On April 6, Governor Bill Richardson signed a bill that requires all those...

Veterinary malpractice suits gaining prominence.
April 25, 2005... Byline: Correy E. Stephenson While politicians and pundits debate the future of medical malpractice claims, another form of medical negligence suit is gaining prominence in the news and the courtroom: veterinary malpractice. Animal...

Commentary: IRS finalizes grantor retained annuity trusts regulations.(Internal Revenue Service)(Column)
April 25, 2005... Byline: Jeffrey A. Baskies In response to the now-famous Walton case, the IRS has changed the regulations under Sect. 2702 of the Internal Revenue Code applying to grantor retained annuity trusts (GRATs) and grantor retained unitrusts...

Commentary: Get good stuff - for free!(Column)
April 25, 2005... Byline: Bruce L. Dorner Everyone enjoys free stuff. I recently presented a program in Chicago at the ABA Techshow on the issue of free and cheap utilities. The audience response was so energetic I thought I'd share a few of these gems...

N.Y. consultant patents mock trial method.
April 25, 2005... Byline: Nora Lockwood Tooher The "mock trial" has been patented. At least a version of it has been. And a lot of trial consultants are worried that potential patent issues could dry up one of their main revenue streams. A longtime...

Prepetition attorney fees are dischargeable, 6th Circuit rules.(Brief Article)
April 25, 2005... Byline: Lawyers Weekly USA Staff Attorney fees incurred prior to the filing of a bankruptcy petition are dischargeable, the 6th Circuit has ruled. A woman failed to pay the $800 she had agreed to provide an attorney for legal services...

Perks that work: Maintaining high morale at the office.
April 25, 2005... Byline: Reni Gertner From flex-time to monthly office birthday parties, there are all sorts of ways you might try to keep employees and lawyers happy in your law firm. But have you ever wondered which perks really work - and which ones...

Family's tragedy leads to revival of pirate law.(Alien Tort Claims Act)
April 25, 2005... Byline: Correy E. Stephenson More than 200 years ago, the United States of America passed the Alien Tort Claims Act as a way to protect citizens of the new nation and its economy from the dangers of off-shore pirates. The 1789 law...

Massachusetts implementing program to videotape state court judges.
April 25, 2005... Byline: Correy E. Stephenson In an effort to improve judicial performance, Massachusetts recently announced a program to videotape state court judges. The tapes' primary audience: the judges themselves. "The purpose is that the...

Jury finds for obstetrician in horrific birth case.(cases)
April 25, 2005... Byline: Natalie White In a horrific case involving a stillborn fetus's head left in a woman's womb, jurors nevertheless found in favor of the accused doctor. "It does sound horrible and it was as horrible as it sounded. But you've got...

Patent case nets $3.5 million for dual-textured pet food.(Mars Inc. v. H.J. Heinz Co.)
April 25, 2005... Byline: Natalie White A California jury recently awarded $3.56 million in damages to Mars Inc. from Del Monte Foods and H.J. Heinz Co. for infringing on a patent to make pet foods that are soft on the inside and crunchy on the outside. ...

Small entertainment promoter wins $90 million verdict against industry giant.
April 25, 2005... Byline: Natalie White In a David and Goliath type tale, an Illinois jury recently awarded an events promoter $90 million - most of it in punitive damages - against one of the nation's largest entertainment promoters, Clear Channel...

Verdicts & Settlements: April 25, 2005: Officers get $2.2M in discrimination suit.
April 25, 2005... Byline: Lawyers Weekly USA Staff A Wisconsin jury awarded nearly $2.2 million to 17 white police officers April 5 who won a discrimination lawsuit against a former police chief and the city of Milwaukee. The federal jury found that...

Verdicts & Settlements:April 25, 2005: Foster care abuse suit yields $1.52M.
April 25, 2005... Byline: Lawyers Weekly USA Staff The state of Washington has agreed to pay $1.52 million to two brothers who were sexually abused in foster care. Bellingham lawyer Tim Farris reported the settlement April 7, and the state Attorney...

Verdicts & Settlements: April 25, 2005: $8M award over brain damage following routine surgery.
April 25, 2005... Byline: Lawyers Weekly USA Staff An Orange County Superior Court jury in California awarded $8 million on March 23 to a woman who suffered brain damage after a simple surgical procedure. Plaintiff Janice Simpson, 37, went into cardiac...

Verdicts & Settlements: April 25, 2005: Woman gets $965K in age discrimination suit.
April 25, 2005... Byline: Lawyers Weekly USA Staff A Dallas jury awarded a 63-year-old woman nearly $1 million in an age discrimination suit against a company run by a 72-year-old woman who insulted her. A Dallas jury on April 8 awarded Garlan...

Verdicts & Settlements: April 25, 2005: $29M award to Wall Street executive in discrimination suit.
April 25, 2005... Byline: Lawyers Weekly USA Staff A U.S. District Court jury in New York on April 6 awarded $29 million in damages to a former Wall Street executive who filed an employment suit against UBS AG, alleging the bank discriminated against her...

Verdicts & Settlements: April 25, 2005: $11.8M award in med-mal suit.
April 25, 2005... Byline: Lawyers Weekly USA Staff A Manhattan Supreme Court jury in New York awarded $11.8 million on April 4 to the husband and children of a fashion industry sales executive who died of cervical cancer that had gone undetected through...

Verdicts & Settlements: April 25, 2005: $18M settlement for auto accident.
April 25, 2005... Byline: Lawyers Weekly USA Staff A 38-year-old former New York chauffer who suffered disabling injuries in a crash two years ago has reached an $18.9 million settlement with the insurance company representing the driver of the truck that...

Verdicts & Settlements: April 25, 2005: Death of twin leads to $3.85M med-mal award.
April 25, 2005... Byline: Lawyers Weekly USA Staff A Mobile, Ala., jury awarded $3.85 million on April 7 to a couple in a medical malpractice suit over the death of their 6-year-old son. Angela and James Wade sued Mobile Infirmary and obstetrician...

Verdicts & Settlements: April 25, 2005: $1.59M in whistleblower suit.
April 25, 2005... Byline: Lawyers Weekly USA Staff A federal court jury awarded $1.59 million on April 8 to a woman who said the city of Durham, N.C., fired her because she blew the whistle on a small business scandal. The jury deliberated about 90...

Verdicts & Settlements: April 25, 2005: $1.6M to woman forced to strip by state trooper.
April 25, 2005... Byline: Lawyers Weekly USA Staff A Massachusetts woman who claimed she was forced to disrobe during a nighttime traffic stop on Interstate 495 in Middleboro 13 years ago was awarded $1.6 million on April 1. The woman, whose name was...

Student loan debt can be partially discharged, 6th Circuit Bankruptcy Appellate Panel rules.(Brief Article)
April 25, 2005... Byline: Lawyers Weekly USA Staff A bankruptcy court can discharge a portion of a debtor's student loan debt for hardship reasons, the 6th Circuit Bankruptcy Appellate Panel has ruled. The debtor borrowed money to obtain associate's,...

Noncommercial use of trademark on Website didn't constitute infringement, 9th Circuit rules.(Brief Article)
April 25, 2005... Byline: Lawyers Weekly USA Staff A disgruntled consumer didn't commit trademark infringement by creating a website whose name included the registered trademark of a company that allegedly provided unsatisfactory service, the 9th Circuit...

Limitation on class action in arbitration agreement enforceable, N.D. Supreme Court rules.(Strand v. U.S. National Bank National Association ND)
April 25, 2005... Byline: Lawyers Weekly USA Staff A limitation on class actions in the arbitration clause of a credit card agreement did not make the agreement unconscionable, the North Dakota Supreme Court has ruled in answering a certified question from a...

Hospital can't recover under lien law, California Supreme Court rules.(Parnell v. Adventist Health System/West)
April 25, 2005... Byline: Lawyers Weekly USA Staff A hospital that accepted "payment in full" from a patient and health insurer waived its right to recover any additional charges from a tort settlement under the state's hospital lien law, the California...

Lessee can enforce auto warranty, N.J. Appellate Division rules.(Brief Article)
April 25, 2005... Byline: Lawyers Weekly USA Staff A lessee of a car qualifies as a "consumer" with standing to sue under the Magnuson-Moss Act, the New Jersey Appellate Division has ruled. After experiencing problems with a vehicle he leased from an...

Did officer's comment to defendant constitute interrogation?
April 25, 2005... Byline: Lawyers Weekly USA Staff Does an officer's comment to a defendant about talking to the police after he invoked his right to counsel constitute interrogation in violation of Miranda, even if the defendant later waived his right to...

Can one spouse consent to search when the other objects?(Brief Article)
April 25, 2005... Byline: Lawyers Weekly USA Staff Can one spouse give valid consent for a police search of the common areas of the marital residence when the other spouse is present and objects? The U.S. Supreme Court has agreed to answer this...

'Booker' holding not retroactive, 2nd Circuit rules.(Guzman v. U.S.)(Brief Article)
April 25, 2005... Byline: Lawyers Weekly USA Staff The U.S. Supreme Court's recent ruling that mandatory application of the federal sentencing guidelines is unconstitutional doesn't apply retroactively to cases on collateral review, the 2nd Circuit has...