Lawyers Weekly USA articles from February 2005

Lawyers Weekly USA archives from February 2005

Proposed wind farm for Nantucket Sound fuels debate over offshore energy development.(Ten Taxpayers Citizens Group v. Cape Wind Associates)
February 14, 2005... Byline: Nora Lockwood Tooher A new wind is blowing in the debate over offshore energy development, and it's shifting the controversy from aesthetic issues to the broader legal question: Who controls the ocean? The conflict centers on a...

New federal legislation increases reservists' rights.
February 14, 2005... Byline: Correy E. Stephenson On Dec. 10, 2004, President Bush signed into law the Veterans' Benefits Improvement Act, which amends portions of the Uniform Services Employment and Reemployment Act ("USERRA"). USERRA was originally...

Commentary: Bad writing: Lawyers and judges aren't the only ones guilty.(Column)
February 14, 2005... Byline: Judge Mark P. Painter Each year, the journal Philosophy and Literature conducts a bad writing contest. It invites readers to send in examples of "the ugliest, most stylistically awful" sentences in academic writing. Here is one of...

3rd Circuit rules Fair Debt Act applies to collection of delinquent municipal bills.
February 14, 2005... Byline: Lawyers Weekly USA Staff Delinquent municipal water bills qualify as a "debt" covered by the Fair Debt Collection Practices Act, the 3rd Circuit has ruled. A law firm sent six letters to the plaintiffs on city letterhead in an...

MN Court of Appeals rules lawyer can be sued for failure to research unsettled area of law.(Jerry's Enterprises, Inc. v. Larkin, Hoffman, Daly & Lindgren, Ltd. case, Minnesota)(Brief Article)
February 14, 2005... Byline: Lawyers Weekly USA Staff An attorney may be held liable for failing to protect a client's interests with respect to an unsettled area of law, the Minnesota Court of Appeals has ruled in reversing a trial court. A participant in...

7th Circuit rules creditor can get relief from student loan discharge.(Brief Article)
February 14, 2005... Byline: Lawyers Weekly USA Staff A creditor can get relief from a discharge granted to a debtor six years ago because the bankruptcy court mistakenly granted the discharge without the debtor showing undue hardship, the 7th Circuit has...

8th Circuit rules debtor barred from asserting state homestead exemption.(Brief Article)
February 14, 2005... Byline: Lawyers Weekly USA Staff Debtors who were denied a federal homestead exemption are barred from subsequently claiming a homestead exemption under state law, the 8th Circuit Bankruptcy Appellate Panel has ruled. After the Chapter...

D.C. Court of Appeals rules owner of damaged vehicle can recover for diminished value.(Brief Article)
February 14, 2005... Byline: Lawyers Weekly USA Staff A plaintiff whose vehicle had been damaged in an accident may recover for the vehicle's diminution in value as well as its cost of repair, the D.C. Court of Appeals has ruled in reversing a trial court. ...

MA Supreme Court rules fitness club can't be sued for disability discrimination.(Massachusetts)(Brief Article)
February 14, 2005... Byline: Lawyers Weekly USA Staff A fitness club was not guilty of disability discrimination for refusing to grant an accommodation to a wheelchair-bound racquetball player, Massachusetts highest court has ruled. The player claimed that...

Indiana Court of Appeals rules ban on gay marriage does not violate state constitution.(Brief Article)
February 14, 2005... Byline: Lawyers Weekly USA Staff An Indiana law limiting marriage to opposite-sex couples does not violate the state constitution, the Indiana Court of Appeals has ruled. Three same-sex couples who had been living together in long-term...

7th Circuit rules US Supreme Court's sentencing guidelines decision not retroactive.(Brief Article)
February 14, 2005... Byline: Lawyers Weekly USA Staff The U.S. Supreme Court's recent decision that the mandatory application of the federal sentencing guidelines is unconstitutional is not retroactive, the 7th Circuit has ruled. The defendants in this...

Utah Court of Appeals rules check of passenger's ID violated Fourth Amendment.
February 14, 2005... Byline: Lawyers Weekly USA Staff An officer who prolonged a traffic stop in order to check identification provided by a passenger who appeared to be underage violated the Fourth Amendment, the Utah Court of Appeals has ruled in reversing a...

6th Circuit rules police didn't violate 4th Amendment when they obtained evidence from trash.
February 14, 2005... Byline: Lawyers Weekly USA Staff Police didn't violate the Fourth Amendment when they obtained evidence from trash collected from a bank fraud suspect's hotel room, the 6th Circuit has ruled in affirming the denial of a motion to suppress....

4th Circuit rules defendant who abandoned apartment can't challenge search.(Brief Article)
February 14, 2005... Byline: Lawyers Weekly USA Staff A gun found in an apartment was admissible against a tenant who expressed an intention to abandon the premises, the 4th Circuit has ruled. The defendant, who rented the apartment on a week-to-week...

NJ appellate court rules no Miranda warnings required during investigation of domestic dispute.(State v. Smith case, New Jersey)
February 14, 2005... Byline: Lawyers Weekly USA Staff A police officer responding to a domestic dispute may question those present without giving them Miranda warnings - provided that the inquiries are reasonably related to confirming or dispelling suspicion...

8th Circuit rules police didn't violate Fourth Amendment during traffic stop.(cases of drug traffic)
February 14, 2005... Byline: Lawyers Weekly USA Staff Police could stop a vehicle whose occupants had engaged in an apparent drug transaction with a curbside dealer based on their earlier observation of an actual drug transaction under similar circumstances,...

Md. appellate court rules employee can't sue for wrongful discharge.(Maryland )
February 14, 2005... Byline: Lawyers Weekly USA Staff An employee who was fired after complaining that a transfer of funds from an employee benefit plan to a corporate account may have violated ERISA can't sue for wrongful discharge, a Maryland appellate court...

Georgia Supreme Court rules court can consider railroad retirement benefits in deciding alimony.(Brief Article)
February 14, 2005... Byline: Lawyers Weekly USA Staff The federal Railroad Retirement Act doesn't bar a state court from considering a husband's railroad retirement benefits when determining spousal support, the Georgia Supreme Court has ruled. A trial...

Alaska Supreme Court rules sale-of-business proceeds don't count for child support purposes.
February 14, 2005... Byline: Lawyers Weekly USA Staff A husband's child support obligation could not be based on the proceeds from the sale of his business prorated over the years that he agreed not to compete with the buyer, the Alaska Supreme Court has ruled...

Georgia Supreme Court rules worker's family can't sue over asbestos on clothing.(Brief Article)
February 14, 2005... Byline: Lawyers Weekly USA Staff The children of a worker exposed to asbestos on the job can't sue his employer over their exposure to asbestos on his clothing, the Georgia Supreme Court has ruled in answering a certified question from the...

Bankruptcy reform bill introduced in U.S. Senate.(Brief Article)
February 14, 2005... Byline: Lawyers Weekly USA Staff A bill that would make it harder for debtors to file for bankruptcy has been introduced in the Senate. A similar measure passed the House last year, but languished in the Senate. Sam Gerdano,...

U.S. Department of Justice issues guidance on sentencing guidelines.(Brief Article)
February 14, 2005... Byline: Lawyers Weekly USA Staff The Department of Justice has issued a memorandum advising federal prosecutors to "take all steps necessary" to ensure adherence to the Sentencing Guidelines. The memorandum was released in the wake of...

IRS announces that medical savings accounts are still available.(Internal Revenue Service)(Brief Article)
February 14, 2005... Byline: Lawyers Weekly USA Staff Medical savings accounts, a type of health plan that is especially appealing to small law firms, will remain available until at least Dec. 31, 2005 - a Feb. 1 early "cut-off" date will not be triggered, the...

Soldiers may get tax breaks under bill introduced in U.S. Senate.(Standing With Our Troops Act of 2005)(Brief Article)
February 14, 2005... Byline: Lawyers Weekly USA Staff Soldiers would receive new tax breaks under a bill that has been introduced in the Senate. Sen. Carl Levin, D-Mich., who sponsored the bill, said the legislation has two primary goals: improving the...

Senate Judiciary Committee approves bill to move large class actions from state to federal court.(Class Action Fairness Act of 2005)
February 14, 2005... Byline: Lawyers Weekly USA Staff A bill that would move large class actions filed in state court to federal court has been approved by the Senate Judiciary Committee. Lawmakers expect this to be one of several tort reform measures to...

DNA collection on a widespread basis raises privacy concerns.
February 14, 2005... Byline: Correy E. Stephenson In a small town near the northern tip of Cape Cod, Mass., law enforcement officials have created a national controversy in their attempt to use DNA evidence to solve a lurid murder case that has baffled the...

Minneapolis law firm debuts innovative billboard ads.(Halleland Lewis Nilan & Johnson)
February 14, 2005... Byline: Nora Lockwood Tooher A Minneapolis law firm is revolting against traditionally staid marketing practices of corporate law firms with an attention-grabbing billboard ad campaign. Halleland Lewis Nilan & Johnson - a 44-attorney...

Florida defense lawyer touts aggressive approach to nursing home defense.
February 14, 2005... Byline: Nora Lockwood Tooher Nursing home defense attorney Scott Mager believes the best defense is an all-out offense. Unlike many defense attorneys, Mager uses an aggressive, take-no-prisoners approach to defending nursing home...

CO jury awards $32M verdict in case involving contract killing, world's largest pearl.(Bonicelli v. Estate of Bonicelli case, Colorado)
February 14, 2005... Byline: Natalie White In a case that involved two contract killings and the world's largest pearl, a Colorado jury recently awarded $32 million to the children of a woman who was killed by a hit man 30 years ago. Eloise Bonicelli was...

NY jury finds Giants Stadium beer vender liable in $135M auto accident case.(New York)
February 14, 2005... Byline: Natalie White In the largest liquor liability verdict in the nation, a New Jersey jury recently found the beer concession at Giants Stadium in New York liable when a drunken football fan caused a car crash that paralyzed a...

CA jury orders police to pay coach for defamation in sexual abuse case.(Gillan v. San Marino Police Department case, California)
February 14, 2005... Byline: Natalie White A California jury ordered the San Marino Police Department to pay $4.45 million to a high school girls' basketball coach who was publicly vilified as the suspect in a child molestation investigation that fizzled for...

Verdicts & Settlements February 14, 2005: Earthlink wins Alabama spam ring lawsuit.
February 14, 2005... Byline: Lawyers Weekly USA Staff Two members of an alleged spam ring paid Earthlink an undisclosed amount to settle a lawsuit, and promised to stop sending unsolicited e-mail, the Internet service provider said Jan. 25. Earthlink sued...

2nd Circuit ruling reinstates suit filed by two overweight teenagers against fast-food restaurant.
February 14, 2005... Byline: Nora Lockwood Tooher A controversial 2nd Circuit ruling is rekindling plaintiff attorneys' visions of a flurry of lawsuits holding fast-food chains liable for Americans' obesity. The ruling reinstated a suit filed on behalf of...

Verdicts & Settlements February 14, 2005: Conductor gets $8.5M settlement in train crash.
February 14, 2005... Byline: Lawyers Weekly USA Staff Based on his claim that a train crash worsened his alcoholism, a conductor reached a $8.5 million settlement with the Burlington Northern and Santa Fe Railway. On April 23, 2002, Patrick Phillips, 52,...

Verdicts & Settlements February 14, 2005: Girl injured by escalator settles suit for $15M.
February 14, 2005... Byline: Lawyers Weekly USA Staff Dillard's department stores agreed on Feb. 1 to pay $15 million to a 7-year-old girl who lost three fingers two years ago when her hand got jammed in an escalator as she tried to free her stuck shoe. ...

Verdicts & Settlements February 14, 2005: $20M awarded in tobacco suit.
February 14, 2005... Byline: Lawyers Weekly USA Staff A Missouri jury has awarded the family of a woman who smoked for nearly 50 years more than $20 million in a wrongful death lawsuit against the maker of Kool cigarettes, the largest total judgment against a...

Verdicts & Settlements February 14, 2005: $3M against healthcare service for driving policy.
February 14, 2005... Byline: Lawyers Weekly USA Staff An Alabama jury awarded $3 million to the family of a teenage girl who was killed when a senior citizen fell asleep at the wheel and forced her into a tractor-trailer. The plaintiff sued both the driver...

Verdicts & Settlements February 14, 2005: $6.5M awarded in boy's fatal fall from smokestack.
February 14, 2005... Byline: Lawyers Weekly USA Staff A Massachusetts superior court judge on Dec. 23 awarded $6.5 million in a wrongful death lawsuit to the family of a boy who fell to his death while climbing a factory smokestack more than two years ago. ...

Verdicts & Settlements February 14, 2005: Police settle for $200K in wrongful death suit.
February 14, 2005... Byline: Lawyers Weekly USA Staff Las Vegas police have agreed to pay $200,000 to settle a wrongful death case with the family of a schizophrenic man shot to death four years ago. According to the suit, police had been called to help a...

Verdicts & Settlements February 14, 2005: Spider-Man creator wins multi-million dollar ruling.
February 14, 2005... Byline: Lawyers Weekly USA Staff A Manhattan federal judge ruled that legendary Spider-Man creator Stan Lee is entitled to a 10 percent share of the profits generated since November 1998 by Marvel Enterprises cartoon characters, including...

Verdicts & Settlements February 14, 2005: General Motors pays injured mechanic $4.6M.
February 14, 2005... Byline: Lawyers Weekly USA Staff General Motors agreed on Jan. 21 to pay $4.6 million to a Buffalo, N.Y. mechanic whose arm was amputated by a defective engine-cooling fan fifteen years ago. The accident took place on Aug. 29, 1989....

Verdicts & Settlements February 14, 2005: $3M for man's electrocution.
February 14, 2005... Byline: Lawyers Weekly USA Staff A Pasco County jury in Florida on Jan. 27 returned a $3 million verdict to the parents of a man electrocuted in 2002. Parents David Seyer and Judith Klar sued Withlacoochee River Electric Cooperative,...

Verdicts & Settlements February 14, 2005: Burger King burn victim gets $4M.
February 14, 2005... Byline: Lawyers Weekly USA Staff A former Burger King employee who was severely burned when a grease filter machine exploded has settled her lawsuit against the fast-food chain for $4 million. Brittany Krollman, now 24, was a teenager...

Workers hit with cost of splitting retirement accounts due to divorce.
February 28, 2005... Byline: Reni Gertner More employers are charging divorcing employees for the processing costs of splitting up their retirement plans under a hidden change in Labor Department policy. The fees stem from the cost to employers of...

Mortgage company sued under Truth in Lending Act for refusal to rescind 'lock-in' fee.(Jones v. E*Trade Mortgage Corp.)
February 28, 2005... Byline: Correy E. Stephenson Homeowners whose mortgage company refused to rescind a "lock-in" fee can sue under the Truth In Lending Act, the 9th Circuit has ruled. The plaintiffs paid a $400 fee to guarantee the interest rate on a...

Commentary: What's new with wi-fi?
February 28, 2005... Byline: Bruce L. Dorner A few years ago I wrote about the "next big thing" in technology and touted the virtues of wireless Internet and network connections. Now, who hasn't heard of "Wi-Fi?" In days of yore (two years ago), wireless came...

Commentary: A story about disclaimer law: 'If you don't ask, you don't get'.
February 28, 2005... Byline: Jeffrey A. Baskies While I was growing up, my dad would often say: "If you don't ask, you don't get." I think if you give him a chance, he still says it. This article is about some creative lawyers who asked for a private letter...

6th Circuit rules firing of debtors didn't violate bankruptcy code.
February 28, 2005... Byline: Lawyers Weekly USA Staff A company's firing of two bankrupt employees was not a Bankruptcy Code violation because the company had a valid alternative reason for firing them, the 6th Circuit has ruled. The two employees, a...

8th Circuit holds debt collector not liable for violating Fair Debt Act.(Schmitt v. FMA Alliance)(Brief Article)
February 28, 2005... Byline: Lawyers Weekly USA Staff A debtor cannot hold a debt collector liable under federal law for contacting the debtor directly where the collector was unaware that the debtor was represented by counsel, the 8th Circuit has ruled. ...

Tenant can't sue under Equal Credit Act, 7th Circuit rules.(Laramore v. Ritchie Realty Management Co.)(Brief Article)
February 28, 2005... Byline: Lawyers Weekly USA Staff A woman who was denied the opportunity to rent an apartment because she was on public assistance could not sue the landlord under the Equal Credit Opportunity Act, the 7th Circuit has ruled. The...

Unfair competition suit not preempted by federal law, Ca. Court of Appeals says.(California )(Brief Article)
February 28, 2005... Byline: Lawyers Weekly USA Staff The federal Home Owners' Loan Act does not preempt claims under state unfair competition law that a lender charged excessive fees, the California Court of Appeal has ruled. Two homeowners filed suit...

3rd Circuit says punitive award 75 times greater than compensatories not excessive.(Willow Inn Inc. v. Public Service Mutual Insurance Co.)
February 28, 2005... Byline: Lawyers Weekly USA Staff A $150,000 punitive award against an insurance company that unreasonably delayed payment on a property damage claim was not excessive, even though it was 75 times greater than the compensatory damages...

Student can't sue over dress code, 6th Circuit rules.
February 28, 2005... Byline: Lawyers Weekly USA Staff A student wearing blue jeans doesn't have a First Amendment claim against her public school's enforcement of its dress code, the 6th Circuit has ruled. A Kentucky middle school adopted a dress code for...

Montana jury awards art expert $21M in dispute over cowboy painting.(Seltzer v. Morton)
February 28, 2005... Byline: Nora Lockwood Tooher The painting was a fake - or so said the art appraiser. The outraged owner said the appraiser was a charlatan - and sued. So the appraiser sued right back. On Feb. 7, a Montana jury settled the...

2nd Circuit says Supreme Court's sentencing guidelines decision not retroactive.(Green v. U.S.)(Brief Article)
February 28, 2005... Byline: Lawyers Weekly USA Staff The U.S. Supreme Court's recent decision that the mandatory application of the federal sentencing guidelines is unconstitutional is not retroactive, the 2nd Circuit has ruled. The defendant in this case...

Maine Supreme Court says officer's order to roll down car window constituted 'seizure'.(Brief Article)
February 28, 2005... Byline: Lawyers Weekly USA Staff A driver was "seized" for Fourth Amendment purposes when a uniformed police officer ordered him to roll down his car window - and therefore all evidence of drunk driving that was subsequently discovered was...

Traffic stop didn't violate Fourth Amendment, 4th Circuit rules.(U.S. v. Smith)
February 28, 2005... Byline: Lawyers Weekly USA Staff A traffic stop didn't violate the Fourth Amendment because evasive measures taken by the driver as he approached a roadblock gave rise to reasonable suspicion that he was engaged in criminal activity, the...

10th Circuit says Supreme Court sentencing decision doesn't apply to restitution orders.(U.S. v. Garcia-Castillo)(Brief Article)
February 28, 2005... Byline: Lawyers Weekly USA Staff A restitution order in a criminal case was valid even though that the facts underlying the order were not found by a jury, the 10th Circuit has ruled. The defendant was convicted on a four-count...

7th Circuit says ousted law partner can't sue under Title VII.(Solon v. Kaplan)
February 28, 2005... Byline: Lawyers Weekly USA Staff A partner forced out of his law firm can't file a Title VII suit because he was not an employee of the firm, the 7th Circuit has ruled. The plaintiff claimed that one of his partners pressed for his...

Delivery worker must arbitrate discrimination claim, 11th Circuit rules.(Hill v. Rent-A-Center Inc.)
February 28, 2005... Byline: Lawyers Weekly USA Staff A store employee whose job duties include making deliveries to out-of-state customers is not a "transportation industry worker" exempt from the mandatory arbitration provisions of the Federal Arbitration...

Aviation employee's whistleblower claim not preempted by federal law, 3rd Circuit rules.(Brief Article)
February 28, 2005... Byline: Lawyers Weekly USA Staff An airline employee's state law whistleblower claim is not preempted by the Airline Deregulation Act, the 3rd Circuit has ruled. The plaintiff worked as a co-pilot. Alleging that he was fired after...

Mass. Supreme Court says father who consented to adoption still must pay child support.(Massachusetts)(Brief Article)
February 28, 2005... Byline: Lawyers Weekly USA Staff A father's consent to the adoption of his daughter does not terminate his duty to provide child support, Massachusetts's highest court has ruled. The state department of social services sought temporary...

Penn. appellate court says husband must compensate wife for reduced military pension.(Pennsylvania )(Brief Article)
February 28, 2005... Byline: Lawyers Weekly USA Staff A husband can be required to reimburse his wife for her reduced share of his military pension after he opted to waive part of his retirement pay in order to receive veterans' disability benefits, a...

Fraud suit settlement is marital property, W. Virginia Supreme Court says.(West Virginia)
February 28, 2005... Byline: Lawyers Weekly USA Staff Proceeds a husband obtained in settling a fraud suit constitute marital property subject to division at divorce, the West Virginia Supreme Court has ruled. A couple purchased an automobile intending to...

Personal injury settlement is income for child support purposes, N.C. Court of Appeals rules.(North Carolina)
February 28, 2005... Byline: Lawyers Weekly USA Staff A trust established with the proceeds from a personal injury settlement may be tapped for child support, the North Carolina Court of Appeals has ruled. A man who was the sole provider for his family was...

Indiana Supreme Court says only part of FELA award divisible at divorce.(Federal Employers' Liability Act)(Brief Article)
February 28, 2005... Byline: Lawyers Weekly USA Staff Only that portion of a Federal Employers' Liability Act award intended as compensation for losses incurred during a marriage can be considered marital property subject to division upon divorce, the Indiana...

Stock options in divorce valued at time of exercise, Washington Supreme Court says.(Brief Article)
February 28, 2005... Byline: Lawyers Weekly USA Staff Stock options subject to equitable division in a divorce case should be valued as of the time they are exercised rather than when they are sold, the Washington Supreme Court has ruled. The options,...

U.S. Court of Appeals says insurer can be sued for not disclosing HIV infection.(Brief Article)
February 28, 2005... Byline: Lawyers Weekly USA Staff An insurance company owed a limited duty to tell a couple that their blood tests showed they were HIV-positive, the 10th Circuit has ruled in reversing a U.S. District Court. The couple didn't know they...

Internal memo can be basis for defamation suit, Illinois Appellate Court rules.(Brief Article)
February 28, 2005... Byline: Lawyers Weekly USA Staff A company attorney who was fired for his conduct during a performance review could sue his employer for defamation based on the internal dissemination of communications relating to the review, the Illinois...

Kentucky Court of Appeals says utility company can be sued over malfunctioning street light.(Brief Article)
February 28, 2005... Byline: Lawyers Weekly USA Staff An electric company that failed to repair a street light owed a duty of care to a pedestrian who was struck by a car while crossing a nearby intersection, the Kentucky Court of Appeals has ruled. The...

Illinois Appellate Court says grandmother can be sued for allowing grandson to skateboard in street.(Ryan v. Yarbrough)
February 28, 2005... Byline: Lawyers Weekly USA Staff A grandmother who allowed her grandson to skateboard in the street where he was struck by a city truck can be sued, the Illinois Appellate Court has ruled in reversing a lower court. The parents of the...

Husband can't sue clinic over wife's insemination, Arkansas Court of Appeals rules.(Brown v. Wyatt)(Brief Article)
February 28, 2005... Byline: Lawyers Weekly USA Staff A husband can't sue a clinic or a doctor for artificially inseminating his wife without obtaining his written consent, the Arkansas Court of Appeals has ruled. The wife was artificially inseminated with...

Parents not liable for giving gun to drug- impaired son, Arizona Court of Appeals says.(Martin v. Schroeder)
February 28, 2005... Byline: Lawyers Weekly USA Staff Parents can't be held liable for giving a gun to their adult son that accidentally discharged and wounded a family friend in the head - despite the plaintiff's argument that they were negligent per se for...

Senate Judiciary Committee approves bankruptcy reform bill.(Brief Article)
February 28, 2005... Byline: Lawyers Weekly USA Staff A bill that would make it harder for debtors to file for bankruptcy has been approved by the Senate Judiciary Committee. The bill would force many debtors into Chapter 13 instead of Chapter 7, make more...

Occupational Safety and Health Act of 1970 may be amended.(Brief Article)
February 28, 2005... Byline: Lawyers Weekly USA Staff The Occupational Safety and Health Act of 1970 may be amended, under four bills introduced in a House subcommittee. The measures passed the House last year but languished in the Senate. Under one...

Licenses for illegal immigrants may be limited under new House bill.(Brief Article)
February 28, 2005... Byline: Lawyers Weekly USA Staff It would be nearly impossible for illegal immigrants to obtain drivers' licenses, under a bill that has passed the House. Under the bill, states would be required to adhere to certain standards for...

Office for Civil Rights says health care entities may disclose health info in litigation.
February 28, 2005... Byline: Lawyers Weekly USA Staff Entities covered by the Health Insurance Portability and Accountability Act (HIPAA) may disclose protected health information in litigation under certain circumstances, according to a guidance issued by the...

Congress approves bill to move large class action suits to federal court.(Brief Article)
February 28, 2005... Byline: Lawyers Weekly USA Staff A bill that will move large class actions filed in state court to federal court has been approved by Congress and signed by President Bush. Under the bill, federal courts will be given jurisdiction over...

Employers seek creative ways to reduce health costs.
February 28, 2005... Byline: Reni Gertner As employers search for innovative ways to trim soaring health care costs, they are coming up with some pretty draconian solutions. Consider the "no tobacco" policy instituted last month at Weyco, Inc., a...

The use of 'sorry' in med-mal cases.(Medical malpractice)
February 28, 2005... Byline: Tom Duffy It's the age of the apology - at least in some states. The Pennsylvania Supreme Court, for example, is considering a change in the rules of evidence that would make a doctor's apology or admission of a mistake...

What to do with lying jurors?
February 28, 2005... Byline: Nora Lockwood Tooher Boston District Attorney Daniel Conley wants to jail dishonest jurors. In the wake of a highly publicized murder mistrial late last year in which three jurors lied about their criminal records, the...

Gay marriage developments top family law issues.
February 28, 2005... Byline: Nora Lockwood Tooher Divorce attorney Barbara Handschu already had a hectic schedule, dividing time between her law offices in Manhattan and Buffalo, N.Y. But since becoming the 2005 president of the American Academy of...

Video voyeurism case nets $300,000 verdict.(Bradbury v Kendrick)
February 28, 2005... Byline: Natalie White Heather Bradbury was staying in an oceanfront condominium along with her husband and other friends when she discovered that the owner had videotaped her in the shower. Horrified, she took the videotape to the...

Identity theft victim wins verdict against credit reporting company.(Kirkpatrick v. Equifax Information Services)
February 28, 2005... Byline: Natalie White An Oregon jury recently ordered a national credit reporting agency to pay $210,000 in damages to a man whose credit was ruined for years because of confusion surrounding identity theft. The jury found against...