Lawyers Weekly USA articles from December 2005

Lawyers Weekly USA archives from December 2005

Man forced out of cigar store wins $7.7M in eminent domain case.(Ahmed Mesdaq, Gran Havana Cigar and Coffee Lounge)
December 5, 2005... Byline: Reni Gertner In a case that highlights the nationwide controversy over taking private property for economic use, a San Diego jury has awarded more than $7.7 million to the former owner of a cigar store who was forced to leave by...

Wal-Mart hiring memo sparks controversy.(Brady v. Wal-Mart)
December 5, 2005... Byline: Nora Lockwood Tooher Plaintiffs' attorney Douglas Wigdor did a double-take when he read a confidential memo from a top Wal-Mart executive aimed at curbing soaring health care costs by discouraging unhealthy people from applying for...

U.S. Supreme Court considers federal banking jurisdiction.(banking law)
December 5, 2005... Byline: Correy E. Stephenson The justices of the U.S. Supreme Court heard oral arguments last week in a case that will dictate the future of federal banking jurisdiction. Wachovia Bank - with the U.S. government's support - asked the...

U.S. Supreme Court hears arguments in ruined computers case.(Federal Tort Claims Act)
December 5, 2005... Byline: Correy E. Stephenson The U.S. Supreme Court heard oral arguments last week in a case in which the plaintiff seeks to hold the U.S. government responsible for irreparably damaging computers seized from her business. Susan...

Commentary: Planned charitable giving: A plain-English discussion.(planned charitable giving)
December 5, 2005... Byline: Jeffrey A. Baskies, Esq. The level of interest in planned charitable giving appears to have significantly declined in recent years. The increased estate tax exemption (now $1.5 million - $2 million after Jan.1, 2006), the decreased...

Commentary: Shopping for your next digital camera.(digital camera in your practice)(Column)
December 5, 2005... Byline: Bruce L. Dorner This month I decided to take a look at a fun kind of technology - digital cameras. Several years ago I graduated from my trusted Olympus 35mm and purchased a 2.1 megapixel digital camera. What a difference! No...

Florida Supreme Court rules lawyers' 'pit bull' ad violates state disciplinary rules.(Florida Bar v. Pape)
December 5, 2005... Byline: Lawyers Weekly USA Staff Lawyers' use of an image of a pit bull in advertising violated the state's disciplinary rules and they can be sanctioned without violating their First Amendment rights, the Florida Supreme Court has ruled....

Utah Supreme Court finds federal law doesn't preempt state law regulating telemarketers.(Utah Division of Consumer Protection v. Flagship Capital)(Brief Article)
December 5, 2005... Byline: Lawyers Weekly USA Staff Federal law does not preempt claims against a telemarketing company that allegedly violated state consumer protection law by using automated dialers to place calls to residences, the Utah Supreme Court has...

Courts rule on tracking suspects by cellphones.(Department of Justice)
December 5, 2005... Byline: Correy E. Stephenson In two recent rulings that have shone a light on the practices of U.S. Attorneys' offices across the countries, magistrate judges in Texas and New York have denied government requests to track suspects'...

U.S. Supreme Court to decide whether health plan can get reimbursement under ERISA.(Employee Retirement Income Security Act of 1974)(Brief Article)
December 5, 2005... Byline: Lawyers Weekly USA Staff Does a health plan's reimbursement from a plan beneficiary who received payments from a third party constitute "appropriate equitable relief" under ERISA? The U.S. Supreme Court has agreed to decide...

2nd Circuit Court rules non-owner may be liable for discriminatory practices under Fair Housing Act.(Fair Housing Act of 1968)
December 5, 2005... Byline: Lawyers Weekly USA Staff A defendant who was not a property owner or its agent may still be held liable under the federal Fair Housing Act liability for stating a discriminatory preference with respect to a housing transaction, the...

New Mexico Supreme Court rules state sentencing guidelines don't violate 'Blakely'.(State v. Lopez)
December 5, 2005... Byline: Lawyers Weekly USA Staff A defendant's Sixth Amendment rights were not violated when his sentence for conspiracy to commit murder was increased based a judge's weighing of the circumstances surrounding the offense, the New Mexico...

Arizona Court of Appeals rules refusal to take sobriety test admissible in DUI case.(State ex rel. Verburg v. Jones)(Brief Article)
December 5, 2005... Byline: Lawyers Weekly USA Staff Evidence of the defendant's refusal to take a field sobriety test is admissible in a drunk driving case, the Arizona Court of Appeals has ruled. The defendant was convicted by a jury of driving while...

D.C. Circuit Court finds protective sweep of bedroom is constitutional.(U.S. v. Thomas)
December 5, 2005... Byline: Lawyers Weekly USA Staff Police executing an arrest warrant could conduct a protective sweep of the defendant's bedroom, even though they arrested him immediately after he opened the door to his apartment, the D.C. Circuit has...

New Jersey Supreme Court rules checkpoint stop unconstitutional.(State v. Badessa)(Brief Article)
December 5, 2005... Byline: Lawyers Weekly USA Staff Where a sobriety checkpoint improperly failed to warn drivers that turns were not permitted within the checkpoint zone, a stop of the defendant's vehicle for turning was unconstitutional, and evidence...

Maryland court rules vagrant can't object to search of vacant house.(Whiting v. State)(Brief Article)
December 5, 2005... Byline: Lawyers Weekly USA Staff A vagrant lacked standing to object to a search of the vacant house he was squatting in, Maryland's highest court has ruled. As part of a murder investigation, police officers obtained a warrant to...

6th Circuit Court rules longer commute may constitute adverse employment Action.(Keeton v. Flying J, Inc.)(Brief Article)
December 5, 2005... Byline: Lawyers Weekly USA Staff A lateral transfer to another location may constitute an adverse employment action under Title VII if it increased the employee's commute, the 6th Circuit has ruled. The plaintiff worked as an associate...

7th Circuit Court rules independent contractor's misconduct may lead to Title VII liability.(Dunn v. Washington County Hospital, Civil Rights Act of 1964)
December 5, 2005... Byline: Lawyers Weekly USA Staff A hospital may be held liable under Title VII for a doctor's harassment of nurses, even if the doctor was an independent contractor rather than a hospital employee, the 7th Circuit has ruled. A nurse...

Court rules FMLA plaintiff may sue for retaliation even if he can't return to work at end of leave.(Colburn v. Parker Hannifin/Nichols Portland Division, Family and Medical Leave Act of 1993)(Brief Article)
December 5, 2005... Byline: Lawyers Weekly USA Staff An employee may bring a claim under the Family and Medical Leave Act for retaliatory discharge even if he was unable to return to work at the expiration of his 12-week period of FMLA leave, the 1st Circuit...

10th Circuit Court rules fired employee can't sue under FMLA.(Family and Medical Leave Act of 1993)
December 5, 2005... Byline: Lawyers Weekly USA Staff An employee who was fired after taking time off for a wrenched back can't sue for interference with his right to medical leave because he was not under the continuous care of a physician as defined by the...

Iowa Supreme Court rules employee needn't tell of intention to quit to get unemployment benefits.(Hy-Vee Inc. v. Employment Appeal Board)(Brief Article)
December 5, 2005... Byline: Lawyers Weekly USA Staff An employee who eventually quit her job due to health problems she attributed to an "intolerable working environment" can get unemployment benefits even though she never informed her employer in advance of...

Illinois Appellate Court rules veterans' benefits can't be considered in dividing marital property.(disability benefits)(Brief Article)
December 5, 2005... Byline: Lawyers Weekly USA Staff Disability benefits that a husband received as a result of his service in the military could not be considered in dividing marital property at divorce, the Illinois Appellate Court has ruled. A trial...

Indiana Supreme Court rules decedent's estate not liable for punitive damages.(Crabtree v. Estate of Crabtree)(Brief Article)
December 5, 2005... Byline: Lawyers Weekly USA Staff Punitive damages are not recoverable from the estate of a deceased tortfeasor, the Indiana Supreme Court has ruled. The issue arose in an auto accident case. Two children were injured when their father,...

Illinoise Appellate Court rules cruise line may be liable for ship doctor's negligence.(Mack v. Royal Caribbean Cruises Ltd.)(Brief Article)
December 5, 2005... Byline: Lawyers Weekly USA Staff A cruise line could be held vicariously liable for allegedly negligent medical treatment rendered by its on-board doctor, the Illinois Appellate Court has ruled. The plaintiff was a passenger on a...

D.C. Circuit Court rules passenger can sue French airline for fall in Paris.(Kirkham v. Societe Air France)(Brief Article)
December 5, 2005... Byline: Lawyers Weekly USA Staff France's national airline was not immune from a negligence claim brought by a U.S. passenger who sustained injuries in a fall at a Paris airport, the D.C. Circuit has ruled in affirming a summary judgment....

Minnesota Supreme Court rules team trainers not liable for NFL player's death.(National Football League, Stringer v. Minnesota Vikings Football Club )
December 5, 2005... Byline: Lawyers Weekly USA Staff The wife of a professional football player could not sue team trainers who oversaw the practices which resulted in her husband's death from heat stroke, the Minnesota Supreme Court has ruled in affirming a...

Mississippi Court of Appeals rule homeowner can't be sued for guest's drowning.(Howze v. Garner)
December 5, 2005... Byline: Lawyers Weekly USA Staff A homeowner who allowed his daughter to host a swimming party is not liable for a guest's drowning, the Mississippi Court of Appeals has ruled. The defendant allowed his daughter to use his home and...

New York Court of Appeals rules Met Opera House not liable for patron's injury.(accidental falls)(Brief Article)
December 5, 2005... Byline: Lawyers Weekly USA Staff The Metropolitan Opera is not liable for failing to escort a disabled patron who caused another patron to fall, New York's highest court has ruled. The plaintiff was attending a performance and was...

U.S. Tax Court rules value of estate isn't reduced by tax on IRAs.(individual retirement accounts, Kahn v. Commissioner )(Brief Article)
December 5, 2005... Byline: Lawyers Weekly USA Staff A federal estate tax obligation could not be reduced to reflect the amount of income taxes that beneficiaries paid on assets distributed from individual retirement accounts held by the decedent, the U.S. Tax...

D.C. Circuit Court rules workers' comp doesn't bar employee's kidnapping suit.(Khan v. Parsons Global Services, Ltd.)
December 5, 2005... Byline: Lawyers Weekly USA Staff Workers' compensation doesn't bar a negligence claim brought by an employee who was kidnapped while on a work assignment in a foreign country, the D.C. Circuit has ruled in reversing a summary judgment. ...

Divorced dad leads drive for 'virtual visitation'.(Michael Gough)
December 5, 2005... Byline: Nora Lockwood Tooher A divorced father's desire to stay in touch with his daughter has grown into a nationwide effort to encourage family courts to consider "virtual visitation" to supplement in-person time in custody agreements....

Law of the Vine: The practice of wine law.(labeling and licensing needs)
December 5, 2005... Byline: Correy E. Stephenson Across the country, a handful of lawyers are drinking on the job. But it's not what you think. As the wine industry in the United States has grown - in 2004, it accounted for more than $23 billion in...

UsLawyers' office space should be used as marketing tool while maximizing efficiency.(law firm)
December 5, 2005... Byline: Tony Wright Office space is typically a law firm's second largest expense, topped only by salaries, so isn't it about time this money-sucking entity started doing a little more work for you? Experts say lawyers should view...

Survey provides insight for outside corporate counsel.(litigation costs)
December 5, 2005... Byline: Jaclyn Jaeger Controlling the high costs of litigation is far more important to most corporate counsel than winning a case, according to the latest annual survey sponsored by the international law firm Fulbright & Jaworski L.L.P....

Miami jury awards $61M to family of teenager killed in Ford Explorer rollover case.(Hall v. Ford Motor Co.)
December 5, 2005... Byline: Natalie White A Miami jury recently awarded $61 million, including $60 million for pain and suffering, to the family of a teenager killed in a rollover accident involving a Ford Explorer. Lance Crossman Hall was 17 years old in...

California jury awards $1M verdict to raped farm worker.(Harris Farms Inc.)
December 5, 2005... Byline: Natalie White A California jury awarded nearly $1 million in damages to an immigrant farm worker who claimed her employer forced her to quit after she reported that her supervisor raped her in the fields. The case was one of...

Trucker wins obesity discrimination case in Portland, Oregon.(John McDuffy, Interstate Distributor Co.)
December 5, 2005... Byline: Natalie White In a rare obesity discrimination trial, a 550-pound trucker recently won a landmark case against his Oregon employer. A jury in Portland, Ore., ordered Interstate Distributor Co. to pay John McDuffy $109,000 for...

Verdicts & Settlements December 5, 2005: Mormon Church ordered to pay $4.2M for child sex abuse.(intentional misconduct)(Brief Article)
December 5, 2005... Byline: Lawyers Weekly USA Staff A Utah jury ordered the Mormon Church to pay $4.2 million to two sisters Nov. 18, for failing to act on numerous reports that a high priest in the church, the girls' stepfather, repeatedly abused them. ...

Verdicts & Settlements December 5, 2005: Lawyer hit for $6.4M in malpractice suit.(David Leneghan, Berardi's Fresh Roast Coffee Co.)(Brief Article)
December 5, 2005... Byline: Lawyers Weekly USA Staff A state jury slammed attorney David Leneghan of Broadview Heights, Ohio, for $6.4 million in a legal malpractice suit involving his representation of a woman in a post-divorce business transaction. ...

Verdicts & Settlements December 5, 2005: Nineteen more plaintiffs settle in buttered popcorn suit.(International Flavors and Fragrances Inc.)(Brief Article)
December 5, 2005... Byline: Lawyers Weekly USA Staff Following a $53 million verdict, 19 more workers at a Missouri popcorn plant have reached a confidential settlement with the manufacturer of butter flavoring. The plaintiffs claimed that the flavoring...

Verdicts & Settlements December 5, 2005: Actor Robert Blake to pay $30M for wife's murder.(criminal trial)
December 5, 2005... Byline: Lawyers Weekly USA Staff Eight months after Robert Blake was acquitted at a criminal trial of murdering his wife, a civil jury decided on Nov. 18, that the tough-guy actor was behind the slaying, and ordered him to pay Bonny Lee...

Verdicts & Settlements December 5, 2005: $61M malpractice verdict in birth injury case.(Kevin Bravo Rodriguez, Navy hospital )(Brief Article)
December 5, 2005... Byline: Lawyers Weekly USA Staff A federal judge delivered a $60.9 million verdict Nov. 23, to a couple whose son suffered severe brain damage when he was born at a Navy hospital in Jacksonville, Fla. two years ago. The award this week...

Verdicts & Settlements December 5, 2005: Heart surgery lawsuits settle for $18M.(Redding Medical Center)(Brief Article)
December 5, 2005... Byline: Lawyers Weekly USA Staff Two California doctors agreed on Nov. 15 to pay a total of $18 million to roughly 650 patients who claimed the doctors performed unnecessary cardiac catheterizations and bypass surgeries while practicing at...

Verdicts & Settlements December 5, 2005: $3.5M for inadequate smoke detector.(John D. Pittinger Inc.)(Brief Article)
December 5, 2005... Byline: Lawyers Weekly USA Staff The family of a 5-year-old New Jersey girl who died in a house fire has won a $3.5 million verdict against the landlord for failing to install an interconnected fire alarm system in the rented house. ...

Verdicts & Settlements December 5, 2005: Diabetic trucker blacks out; co. pays $4M verdict.(William Ulmer)(Brief Article)
December 5, 2005... Byline: Lawyers Weekly USA Staff A Florida jury awarded $4 million to a woman who was permanently injured in a head-on collision with a truck driver who suffered a diabetic blackout. Corrie Johnson was picking up dinner with her...

Verdicts & Settlements December 5, 2005: $1.7M awarded after woman died during childbirth.(Jennifer Nelson Nettles, River Region Medical Corporation)(Brief Article)
December 5, 2005... Byline: Lawyers Weekly USA Staff A Mississippi jury has awarded $1.71 million to the family of a Vicksburg woman who died after childbirth in 2001 at ParkView Regional Medical Center. The jury found River Region Medical Corporation,...

Verdicts & Settlements December 5, 2005: $4M award for fatal police shooting.(during an altercation)(Brief Article)
December 5, 2005... Byline: Lawyers Weekly USA Staff A California jury awarded $4 million to the family of a man who was shot to death during an altercation with a Los Angeles County deputy sheriff who was responding to a burglary call. The family had...

Verdicts & Settlements December 5, 2005: $286K for firing of man with multiple sclerosis.(Hercules Inc., Gregory Cunliffe)(Brief Article)
December 5, 2005... Byline: Lawyers Weekly USA Staff A Massachusetts jury awarded $286,000 Nov. 3, to a man who claimed he was fired because he had multiple sclerosis. The plaintiff, Gregory Cunliffe, had been working as a maintenance mechanic at Hercules...

Verdicts & Settlements December 5, 2005: Partially paralyzed engineer awarded $5.1M.(Bruce Falconer)(Brief Article)
December 5, 2005... Byline: Lawyers Weekly USA Staff A federal jury in Bangor, Me., awarded a former marine engineer $5 million for an on-the-job fall that left him a paraplegic. But the jury reduced the award to $3.25 million after finding that Bruce...

U.S. Supreme Court Decisions: December 5, 2005.(Bradshaw v. Richey)(Brief Article)
December 5, 2005... Byline: Lawyers Weekly USA Staff HABEAS CORPUS A federal appeals court misapplied state law in finding that evidence of direct intent to harm the actual victim was required to sustain a conviction for first degree murder. Bradshaw...

U.S. Supreme Court Certiorari Granted: December 5, 2005.(Sereboff v. Mid Atlantic Medical Services, eBay Inc. v. MercExchange LLC, Supreme Court Anza v. Ideal Steel Supply Corp.)(Brief Article)
December 5, 2005... Byline: Lawyers Weekly USA Staff ERISA If a health plan seeks reimbursement from a plan beneficiary who received payments from a third party, does this constitute "appropriate equitable relief" under ERISA? U.S. Supreme Court....

Flight attendants' secondhand smoke claims ready for takeoff.
December 19, 2005... Byline: Nora Lockwood Tooher A Florida Supreme Court ruling could clear the way for trials on about 3,000 secondhand smoke claims by flight attendants. In an order issued Nov. 28, Florida's highest court declined to review a Florida...

U.S. Supreme Court hears patent tying case.(intellectual property law)
December 19, 2005... Byline: Correy E. Stephenson The U.S. Supreme Court recently heard oral arguments in a printer toner case that has broad ramifications for both antitrust and intellectual property law. Illinois Tool Works, a producer of inkjet...

Can protestors be sued under RICO?(Racketeer Influenced and Corrupt Organizations Act)
December 19, 2005... Byline: Caryn Tamber The case started in 1986, when the National Organization for Women sued anti-abortion groups and leaders, including current appellant Joseph Scheidler, alleging that the organizations' violent protest tactics violated...

Parental notification law challenged.(teenage abortion)
December 19, 2005... Byline: Caryn Tamber The law, enacted by the New Hampshire Legislature in 2003, requires written notice to a pregnant minor's parents 48 hours before she has an abortion, except when an immediate abortion is necessary to save the girl's...

Verdicts & Settlements December 19, 2005: Disney settles in Thunder Mountain death.(Walt Disney Co., wrongful-death lawsuit )(Brief Article)
December 19, 2005... Byline: Lawyers Weekly USA Staff The Walt Disney Co. has agreed to a confidential settlement in a wrongful-death lawsuit brought by the family of a 22-year-old man killed on a roller coaster at Disneyland in 2003. Disney said on Dec. 2...

U.S. Supreme Court hears on-campus recruitment case.(Rumsfeld v. FAIR)(Forum for Academic and Institutional Rights)
December 19, 2005... Byline: Caryn Tamber The U.S. Supreme Court recently considered whether requiring law schools to give military recruiters access to their students constitutes unconstitutional "compelled speech." A coalition of 30 law schools calling...

Does contract challenge invalidate arbitration clause?
December 19, 2005... Byline: Correy E. Stephenson The U.S. Supreme Court recently heard oral arguments about whether a challenge to the validity of a contract as a whole invalidates the contract's arbitration clause. After borrowing money from a payday...

Commentary: Why mock trials are bad diagnostic tools.
December 19, 2005... Byline: Edward P. Schwartz A jury trial has a lot in common with a theatrical performance - the client pitches the script to the lawyer, who becomes the editor, director and producer. The courtroom becomes the stage and the jury is the...

Lawyer can enforce oral fee sharing agreement.
December 19, 2005... Byline: Lawyers Weekly USA Staff An attorney can enforce an oral fee-sharing agreement, even though the client wasn't advised of the arrangement when it was created, Massachusetts' highest court has ruled in affirming a trial court. ...

Doctor can't sue patient's lawyer for negligence.(medical malpractice suit)
December 19, 2005... Byline: Lawyers Weekly USA Staff A doctor couldn't sue a patient's lawyers for negligently bringing a medical malpractice suit against her, West Virginia's highest court has ruled. The defendants represented a woman who died from an...

Priority fcr consumer deposits applies when full purchase price paid.(Brief Article)
December 19, 2005... Byline: Lawyers Weekly USA Staff The provision in the Bankruptcy Code that gives priority to consumer deposit claims applies even if the consumer paid the whole contract price, the 9th Circuit has ruled. The issue arose in the...

Bankruptcy lawyer needn't give up prepetition fees.(Barron v. Countryman )
December 19, 2005... Byline: Lawyers Weekly USA Staff A bankruptcy lawyer could not be required to disgorge prepetition fees, even though he failed to place them in client trust accounts in alleged violation of state disciplinary standards and local bankruptcy...

State 'do-not-call' Law doesn't violate free speech.(Brief Article)
December 19, 2005... Byline: Lawyers Weekly USA Staff A state "do-not-call" law restricting a charity's use of professional telemarketers in fundraising doesn't violate the First Amendment, the 8th Circuit has ruled in reversing judgment. North Dakota's...

Social security payments can offset student loans.(Lockhart v. U.S.)
December 19, 2005... Byline: Lawyers Weekly USA Staff The government can offset a portion of a debtor's Social Security benefits against student loans that have been outstanding for over 10 years, the U.S. Supreme Court has ruled. The plaintiff took out...

Public employer can't deny benefits to same-sex partners.(ACLU v. State)
December 19, 2005... Byline: Lawyers Weekly USA Staff A public employer's denial of health benefits to the same-sex domestic partners of its employees violates state constitutional guarantees of equal protection, the Alaska Supreme Court has ruled. The...

Parents can't sue public school over sex survey.(C.N. v. Ridgewood Board of Education)(Brief Article)
December 19, 2005... Byline: Lawyers Weekly USA Staff Parents who objected to the content of a behavioral survey administered to 7th-through 12th-grade students couldn't sue a public school for violating their rights under the Constitution, the 3rd Circuit has...

Doctor may refuse to inseminate unmarried lesbian.(North Coast Women's Care Medical Group Inc. v. Superior Court of San Diego)
December 19, 2005... Byline: Lawyers Weekly USA Staff Fertility clinic doctors who refused to perform an artificial insemination on a lesbian could avoid liability under the state's civil rights law by showing that their decision was based on the plaintiff's...

Utah Supreme Court rules police search of abandoned vehicle is valid.(State v. Rynhart)(Brief Article)
December 19, 2005... Byline: Lawyers Weekly USA Staff A motorist who abandoned her van after driving it off the road lacked any reasonable expectation of privacy in the van's contents, the Utah Supreme Court has ruled. The driver left the van unattended in...

California Supreme Court rules officers' 'no-knock' entry into drug house is lawful.(People v. Murphy )
December 19, 2005... Byline: Lawyers Weekly USA Staff County sheriffs conducting a warrantless search of a suspected drug house could gain entrance without first knocking and announcing their presence, the California Supreme Court has ruled in upholding the...

U.S. 2nd Circuit Court rules convicted felons can be forced to give DNA samples.(Nicholas v. Goord)
December 19, 2005... Byline: Lawyers Weekly USA Staff A state law requiring certain convicted felons to provide DNA samples for a law enforcement identification database does not violate the Fourth Amendment, the 2nd Circuit has ruled in affirming a dismissal....

Minnesota Supreme Court finds vehicle search can't be based on intoxication of passenger.(State v. Burbach)
December 19, 2005... Byline: Lawyers Weekly USA Staff A police officer's observation that an automobile passenger was intoxicated did not justify the expansion of a traffic stop to include a search of the vehicle, the Minnesota Supreme Court has ruled in...

Washington Supreme Court holds houseguest can't consent to warrantless search.(State v. Morse)(Brief Article)
December 19, 2005... Byline: Lawyers Weekly USA Staff A warrantless search of an apartment based on the consent of a houseguest violated the state constitution, the Washington Supreme Court has ruled. While searching for a suspect, the police went to an...

U.S. Supreme Court to clarify 'adverse employment actions' under Title VII.
December 19, 2005... Byline: Lawyers Weekly USA Staff Do a job transfer and suspension without pay amount to "adverse employment actions" in violation of Title VII? The U.S. Supreme Court has agreed to answer this question. It will review a decision...

9th Circuit Court rules employer can't compel arbitration of wrongful discharge suit.(Brown v. Dillard's Inc.)(Brief Article)
December 19, 2005... Byline: Lawyers Weekly USA Staff An employer that initially rebuffed an employee's attempt to arbitrate a wrongful discharge claim could not later compel arbitration when the employee sued, the 9th Circuit has ruled in a case applying...

Plaintiff can sue even if she wasn't replaced with someone outside protected class.(Miles v. Dell Inc.)
December 19, 2005... Byline: Lawyers Weekly USA Staff A plaintiff can make a prima facie case without showing that she was replaced by someone outside of the same protected class, if she can prove that the firing and hiring decisions were made by different...

Alaska Supreme Court holds fired witness can sue for wrongful discharge.(Reust v. Alaska Petroleum Contractors)(Brief Article)
December 19, 2005... Byline: Lawyers Weekly USA Staff An employee fired in retaliation for appearing as a witness in another employment dispute can recover damages for wrongful discharge in violation of public policy, the Alaska Supreme Court has ruled. ...

5th Circuit Court rules worker can't rely on unofficial benefits statements.(Mello v. Sara Lee Corp.)
December 19, 2005... Byline: Lawyers Weekly USA Staff An employer was not estopped from correcting clerical errors that overstated pension benefits, even though the plaintiff had previously received incorrect statements and oral assurances by superiors that...

Title VII action dismissed; allegations differ from EEOC charge.(Equal Employment Opportunity Commission)(Chacko v. Patuxent Institution )
December 19, 2005... Byline: Lawyers Weekly USA Staff An employer sued for discrimination should have been awarded summary judgment on the ground that the employee's prior administrative complaints did not address the allegedly discriminatory conduct at issue...

7th Circuit Court rules employee injured by fall in restroom not entitled to benefits.(Sisto v. Ameritech Sickness and Accident Disability Benefit Plan)(Brief Article)
December 19, 2005... Byline: Lawyers Weekly USA Staff An employee's slip and fall in a company restroom did not occur during the course of her employment, and therefore did not entitle her to accident benefits, the 7th Circuit has ruled. The plaintiff was...

W. Va. Supreme Court rules wife may be entitled to part of husband's disability pension.(West Virginia)
December 19, 2005... Byline: Lawyers Weekly USA Staff A wife may be entitled to a portion of her husband's disability pension benefits, the West Virginia Supreme Court has ruled. The husband was a police officer who contributed 7 percent of his salary to...

Ga. Supreme Court finds prenuptial agreement valid despite husband's failure to disclose income.(Mallen v. Mallen)
December 19, 2005... Byline: Lawyers Weekly USA Staff A prenuptial agreement is valid even though the husband told the wife the agreement was merely a formality and didn't disclose he had about $8.5 million in assets, the Georgia Supreme Court has ruled. ...

Indiana Supreme Court rules Social Security disability income not divisible at divorce.(Severs v. Severs )(Brief Article)
December 19, 2005... Byline: Lawyers Weekly USA Staff A husband's Social Security disability payments are not a marital asset subject to division at divorce, the Indiana Supreme Court has ruled. After more than 20 years of marriage, the parties divorced....

Missouri Supreme Court rules utility company had no duty to inform of de-energized line.(Hoffman v. Union Electric Co.)
December 19, 2005... Byline: Lawyers Weekly USA Staff An electric company had no duty to inform emergency personnel that a power line draped over a wrecked car was de-energized, the Missouri Supreme Court has ruled. An automobile veered out of control and...