Lawyers Weekly USA articles from February 2006

Lawyers Weekly USA archives from February 2006

N.H. Supreme Court rules legal malpractice claim accrues when criminal conviction overturned.(Therrien v. Sullivan)
February 13, 2006... Byline: Lawyers Weekly USA Staff A legal malpractice claim arising from representation in a criminal proceeding does not accrue until the conviction is overturned, the New Hampshire Supreme Court has ruled in answering a certified question...

MD appellate court rules client can sue for omission in prenuptial agreement.(Meeks v. Dashiell)
February 13, 2006... Byline: Lawyers Weekly USA Staff The statute of limitations did not bar a legal malpractice claim over the failure of a lawyer to include a waiver-of-alimony provision in his client's prenuptial agreement 14 years earlier, a Maryland...

WA Supreme Court rules state can't be sued for investigation of foster parents.(Blackwell v. State)(Brief Article)
February 13, 2006... Byline: Lawyers Weekly USA Staff Foster parents who were falsely accused of child abuse can't sue the state for an allegedly negligent investigation of the allegations, the Washington Court of Appeals has ruled. The plaintiffs were...

MD Court of Appeals rules appointed guardian can be sued for malpractice.(Fox v. Wills)
February 13, 2006... Byline: Lawyers Weekly USA Staff A lawyer appointed to represent a minor as guardian ad litem in a divorce action is not immune from a suit alleging that he negligently investigated allegations of abuse, Maryland's highest court has ruled...

2nd Circuit rules attorney's challenge to fee-sharing agreement waived by delay.(Ballow Brasted O'Brien & Rustin P.C. v. Logan)
February 13, 2006... Byline: Lawyers Weekly USA Staff Replacement counsel's four-year delay in challenging the validity of a fee-sharing agreement precludes him from arguing that the agreement should not be enforced, the 2nd Circuit has ruled. The client,...

2nd Circuit rules claim against creditor for violating automatic stay claim is arbitrable.(MBNA America Bank, N.A. v. Hill)(Brief Article)
February 13, 2006... Byline: Lawyers Weekly USA Staff A debtor's claim that a credit card company violated the automatic stay by continuing to withdraw automatic payments from her bank account is subject to arbitration, the 2nd Circuit has ruled. The...

9th Circuit rules Chapter 7 debtor can't recover attorney fees.(DeRoche v. Arizona Industrial Commission)(Brief Article)
February 13, 2006... Byline: Lawyers Weekly USA Staff A Chapter 7 debtor could not recover attorney fees incurred in successfully obtaining a discharge of amounts owed to the state for a workers' compensation claim, the 9th Circuit has ruled in affirming...

8th Circuit Bankruptcy Appellate Panel rules child tax credit refund is part of bankruptcy estate.(Brief Article)
February 13, 2006... Byline: Lawyers Weekly USA Staff The tax refunds debtors received based on the federal child tax credit are property of the bankruptcy estate, the 8th Circuit Bankruptcy Appellate Panel has ruled. A Chapter 7 trustee objected to the...

10th Circuit rules law firm, creditor not liable under Fair Debt Act.(Fair Debt Collection Practices Act, Robey v. Shapiro, Marianos & Cejda, LLC)
February 13, 2006... Byline: Lawyers Weekly USA Staff A creditor and its law firm could not be sued for unfair debt collection practices for failing to disclose their fee arrangement in a state foreclosure action, the 10th Circuit has ruled in affirming a...

WY Supreme Court rules firm can sue former employees for stealing secrets.(Briefing.com v. Jones)(Brief Article)
February 13, 2006... Byline: Lawyers Weekly USA Staff A web business could bring a common-law claim for misappropriation of trade secrets against former employees who allegedly used the company's confidential information to start a competing business, the...

8th Circuit rules debt collector not liable under Fair Debt Act.(Fair Debt Collection Practices Act, Richmond v. Higgins)
February 13, 2006... Byline: Lawyers Weekly USA Staff A debt collector who was not notified that a medical bill was disputed for 18 months cannot be sued under the Fair Debt Collection Practices Act for allegedly misstating the debt amount to the plaintiff's...

11th Circuit rules agency can be sued under Fair Credit Act for providing report to former creditor.(Levine v. World Financial Network National Bank)
February 13, 2006... Byline: Lawyers Weekly USA Staff A credit agency could be sued for violating the Fair Credit Reporting Act by providing a report to a former creditor with whom the plaintiff no longer had an active account, the 11th Circuit has ruled. ...

7th and 8th Circuits rule replacing class representative does not create new cause of action.(Class Action Fairness Act of 2005, Plubell v. Merck & Co., Inc., Phillips v. Ford Motor Co.)
February 13, 2006... Byline: Lawyers Weekly USA Staff The replacement of a class representative does not result in a "new action" subject to removal to federal court, the 7th and 8th Circuits have ruled. 8th Circuit In this case, suit was originally...

DE Supreme Court rules plaintiff not entitled to adverse inference from missing business record.(Sears, Roebuck and Co. v. Midcap)
February 13, 2006... Byline: Lawyers Weekly USA Staff A wrongful death plaintiff could not benefit at trial from a defendant's inability to produce business records in support of its case without a showing that the missing records were the result of the...

9th Circuit rules ERISA claim not subject to arbitration.(Employee Retirement Income Security Act of 1974, Comer v. Micor, Inc.)
February 13, 2006... Byline: Lawyers Weekly USA Staff An ERISA plan participant who sued for breach of fiduciary duty in the provision of investment advice could not be compelled to arbitrate pursuant to an agreement between the plan and its investment advisor,...

4th Circuit rules Privacy Act plaintiff can recover costs, attorney fees.(Financial Services Modernization Act of 1999, Doe v. Chao)
February 13, 2006... Byline: Lawyers Weekly USA Staff A plaintiff who sued the federal government for the wrongful disclosure of his Social Security number could be awarded costs and attorney fees, even though he suffered no actual damages, the 4th Circuit has...

MN Court of Appeals rules injured plaintiff crushed between two cars was 'occupant'.(Illinois Farmers Insurance Co. v. Marvin)(Brief Article)
February 13, 2006... Byline: Lawyers Weekly USA Staff A woman who was pinned between two vehicles while loading objects into the back of one of them was an "occupant" of the insured vehicle for purposes of underinsured motorist coverage, the Minnesota Court of...

8th Circuit rules state violates ADA by charging fee for handicapped parkers.(Americans with Disabilities Act Notification Act of 2003 (Draft), Klinger v. Director, Department of Revenue, State of Missouri)
February 13, 2006... Byline: Lawyers Weekly USA Staff A state that charged disabled motorists a $4 fee every two years for handicapped parking placards violated the American with Disabilities Act, the 8th Circuit has ruled in reversing an earlier judgment in...

7th Circuit rules speakerphone 'appearance' by lawyer violates Sixth Amendment.(Van Patten v. Deppisch, United States Constitution. 6th Amendment)
February 13, 2006... Byline: Lawyers Weekly USA Staff A criminal defendant's right to counsel was violated where his lawyer "appeared" at a plea hearing via speakerphone, the 7th Circuit has ruled. The defendant had been charged with first degree...

9th Circuit rules warrantless search OK under emergency doctrine.(U.S. v. Russell)
February 13, 2006... Byline: Lawyers Weekly USA Staff The emergency doctrine supported the warrantless search of a home based on the suspicion that an injured 911 caller or lurking predator was inside, the 9th Circuit has ruled. The defendant called a 911...

3rd Circuit Court rules suspicionless airport search is permissible.(U.S. v. Hartwell, United States Constitution. 4th Amendment)
February 13, 2006... Byline: Lawyers Weekly USA Staff A suspicionless, warrantless search performed during an airport screening was justified under the administrative search doctrine, the 3rd Circuit has ruled. The defendant set off a metal detector at an...

8th Circuit Court says there is no recovery for emotional distress under FMLA.(Family and Medical Leave Act)(Rodgers v. City of Des Moines )(Brief Article)
February 13, 2006... Byline: Lawyers Weekly USA Staff Emotional distress damages are not recoverable under the Family and Medical Leave Act, the 8th Circuit has ruled. The plaintiff worked as an administrative analyst at a city fire department. She applied...

Co-worker harassment may be basis for retaliation claim.(Jensen v. Potter)
February 13, 2006... Byline: Lawyers Weekly USA Staff A postal worker could sue her employer for retaliation based on the hostile environment created by co-workers unhappy with the dismissal of a supervisor for sexually harassing her, the 3rd Circuit has ruled...

California Court of Appeals rules employer needn't make light duty assignment permanent.(Rane v. City of Burbank)
February 13, 2006... Byline: Lawyers Weekly USA Staff An employer who makes a temporary light duty assignment to accommodate an employee's disability has no duty to make the assignment permanent if the employee's disability becomes permanent, the California...

NH Supreme court rules state law allowing grandparents to seek custody is constitutional.
February 13, 2006... Byline: Lawyers Weekly USA Staff The maternal grandmother of a child born out of wedlock could seek shared custody with the father without a showing that he was an unfit parent, the New Hampshire Supreme Court has ruled in upholding the...

California Court of Appeal rules assumption of the risk doesn't bar claim against snowboarder.(Lackner v. North)
February 13, 2006... Byline: Lawyers Weekly USA Staff The assumption of the risk doctrine does not bar a claim alleging recklessness brought against a snowboarder who ran into a skier at the bottom of a run, the California Court of Appeal has ruled. After...

Virginia Supreme Court rules plaintiff can sue court-ordered medical expert.(Harris v. Kreutzer)
February 13, 2006... Byline: Lawyers Weekly USA Staff A personal injury plaintiff could bring a malpractice claim against a psychologist who allegedly caused her emotional distress during the course of a court-ordered medical examination, the Virginia Supreme...

Colorado Supreme Court rules client may sue lawyer for deceptive trade practices.(Colorado. Consumer Protection Act, Crowe v. Tull)
February 13, 2006... Byline: Lawyers Weekly USA Staff A client may sue an attorney for deceptive advertising under the state's consumer protection law, the Colorado Supreme Court has ruled. The plaintiff hired the attorney after seeing television ads that...

Illinois Appellate Court finds that discovery rule applies in clergy sex abuse case.(Softcheck v. Imesch)
February 13, 2006... Byline: Lawyers Weekly USA Staff A "delayed discovery" rule tolled the statute of limitations for plaintiffs who alleged that they had been sexually abused by priests in the 1970s, the Illinois Appellate Court has ruled. Five men came...

California Court of Appeal finds that signed release doesn't bar gross negligence claims.(City of Santa Barbara v. The Superior Court of Santa Barbara County)(Brief Article)
February 13, 2006... Byline: Lawyers Weekly USA Staff A release signed by the parents of a disabled child who drowned in a municipal pool does not bar subsequent claims for gross negligence, the California Court of Appeal has ruled. The parents sent their...

NJ Appellate Division rules that expert testimony needed to support repressed memory claims.(Phillips v. Gelpke)(Brief Article)
February 13, 2006... Byline: Lawyers Weekly USA Staff A claim of sexual abuse based on repressed memories must be substantiated by expert testimony, the New Jersey Appellate Division has ruled. The plaintiff, a 19-year-old woman, sued a couple, alleging...

9th Circuit Court rules that wireless antennas can't be prohibited for aesthetic reasons.(Sprint PCS Assets, LLC v. City of La Canada Flintridge)
February 13, 2006... Byline: Lawyers Weekly USA Staff Cities cannot deny companies permits to construct and install wireless antennas based solely on aesthetic considerations, the 9th Circuit has ruled. The plaintiff, a telecommunications company, sought...

NC Court of Appeals rules that commercial landlord can avoid duty to mitigate damages.(Sylva Shops Ltd. v. Hibbard)
February 13, 2006... Byline: Lawyers Weekly USA Staff A commercial lease provision relieving the landlord of the obligation to mitigate damages by re-letting the premises doesn't violate public policy, the North Carolina Court of Appeals has ruled. The...

Illinois Supreme Court finds title insurer can't be sued for negligence.(First Midwest Bank, N.A. v. Stewart Title Guaranty Co.)
February 13, 2006... Byline: Lawyers Weekly USA Staff A title insurer for residential property subject to an undisclosed restrictive covenant could not be sued for negligent misrepresentation by a bank which held a mortgage on the property, the Illinois Supreme...

Illinois Supreme Court rules that a state can penalize 'balloon' annuities for Medicaid planning.(Gillmore v. Illinois Department of Human Services)
February 13, 2006... Byline: Lawyers Weekly USA Staff A state could penalize a Medicaid recipient for purchasing a "balloon" annuity in order to become eligible for benefits - the penalty was not prohibited by federal regulations governing the use of annuities...

Delaware Supreme Court rules spouse of deceased worker can recover death benefits.(Hirneisen v. Champlain Cable Corp.)(Brief Article)
February 13, 2006... Byline: Lawyers Weekly USA Staff The wife of a worker who died from asbestos-related disease had an independent right to death benefits following her husband's voluntary retirement, the Delaware Supreme Court has ruled in reversing a trial...

California Court of Appeal rules that police officer can't get workers' comp for basketball injury.(City of Stockton v. Workers' Compensation Appeals Board)
February 13, 2006... Byline: Lawyers Weekly USA Staff A police officer injured in an off-duty basketball game was not entitled to workers' compensation, even though he argued the activity served to maintain his conditioning for his job, the California Court of...

Medicaid changes to turn estate planning on its head.
February 13, 2006... Byline: Sylvia Hsieh Buried in the 750-page federal budget law is a bombshell for lawyers who practice elder law and estate planning - changes to the Medicaid long-term care eligibility rules that threaten to turn Medicaid planning on its...

FDA drug rule asserts federal preemption.
February 13, 2006... Byline: Reni Gertner The new prescription drug labeling rule from the Food and Drug Administration asserts that if a label meets the agency's requirements, state law failure-to-warn suits over the drug's risks are preempted - but...

Lawsuits against gun manufacturers under fire from rider attached to 2006 federal budget.(Freedom of Information Act, Protection of Lawful Commerce in Arms Act)
February 13, 2006... Byline: Nora Lockwood Tooher A provision barring the use of federal gun trace data in civil lawsuits could derail a number of lawsuits against gun manufacturers and dealers, including a major case filed by New York City. The gun...

Commentary: Planning for disasters of all shapes and sizes.
February 13, 2006... Byline: Bruce L. Dorner This past year we watched on television as massive hurricanes swept through and destroyed significant areas of the Gulf Coast. Many lawyers will be recovering from this disaster for years to come. Many had disaster...

The five biggest marketing mistakes lawyers make.
February 13, 2006... Byline: Nora Lockwood Tooher Each year, law firms start out with the best of marketing intentions. But too often, they're tripped up by common mistakes. Whether it's wasting money on the wrong marketing events or hamstringing their...

Immigration appeals swell federal dockets.
February 13, 2006... Byline: Sylvia Hsieh An increasing number of immigration cases are being litigated at the circuit level - and many immigration lawyers may be ill-prepared for the challenges. The percentage of cases being appealed from the intermediate...

Employers, workers struggle with pregnancy discrimination issues.(Pregnancy Discrimination Act of 1978, Family and Medical Leave Act of 1993)
February 13, 2006... Byline: Correy E. Stephenson Pregnancy discrimination is a continuing problem for women in the workplace, according to both employment attorneys and the U.S. Equal Employment Opportunity Commission's statistics. The reasons for this...

Verdicts & Settlements February 13, 2006: $5.5M verdict against spammer.(America Online Inc.)(Brief Article)
February 13, 2006... Byline: Lawyers Weekly USA Staff AOL won a $5.5 million verdict Jan. 24 against a man who sent billions of junk e-mails hawking online college degrees, sexually explicit Web sites and "generic Viagra." A federal judge in Virginia...

Verdicts & Settlements February 13, 2006: Paralyzed trucker wins $26 Million.(Shawn Pouliot, Pouliot v. Paul Arpin Van Lines)
February 13, 2006... Byline: Natalie White The case came down to one central question - was the paralysis Shawn Pouliot suffered the result of his own carelessness, or of his employer's failure to warn him of the unsafe condition of the truck he was assigned...

Verdicts & Settlements February 13, 2006: Record settlement in home gas explosion suit.(Carey v. NStar Gas Co.)
February 13, 2006... Byline: Natalie White A Massachusetts couple recently reached a record $17.2 million settlement in a lawsuit over a home gas explosion that killed their two young daughters. Tara and Heath Carey sued NStar Gas Co., claiming that...

$185M settlement mandates public access to drug trials.
February 13, 2006... Byline: Natalie White In a massive settlement that includes groundbreaking disclosure rules for clinical trial information, one of the nation's largest pharmaceutical companies has agreed to pay $185 million in a class action securities...

Verdicts & Settlements February 13, 2006: $3.7M awarded by Md. jury in excessive force suit.(Brief Article)
February 13, 2006... Byline: Lawyers Weekly USA Staff A Maryland jury awarded $3.7 million Jan. 19 to the family of a Howard University student fatally shot by an undercover officer who mistakenly followed the student's car while investigating the theft of...

Verdicts & Settlements February 13, 2006: Ford must pay $29M in auto accident.(Ford Motor Co.)
February 13, 2006... Byline: Lawyers Weekly USA Staff A Texas jury ordered Ford Motor Co. to pay $29 million on Jan. 27 to a woman who was paralyzed in a rollover accident caused, at least in part, by a tire defect. Firestone previously paid an undisclosed...

Verdicts & Settlements February 13, 2006: $11M for murdered farmer.(Brief Article)
February 13, 2006... Byline: Lawyers Weekly USA Staff The wife of a slain Warren County farmer was awarded one of the biggest punitive damage awards in Iowa history on Friday. Ronda Lyon received an $11.5 million judgment in her wrongful death lawsuit...

Verdicts & Settlements February 13, 2006: $2M to man struck in head with broken golf club.(David R. Price)(Brief Article)
February 13, 2006... Byline: Lawyers Weekly USA Staff A Colorado jury awarded nearly $2 million in damages on Jan. 31 to a man who was struck in the head when a golf club came apart during a swing. Plaintiff David R. Price, 48, was injured in April 2002 at...

Verdicts & Settlements February 13, 2006: Catholic Church settles abuse suits.(Brief Article)
February 13, 2006... Byline: Lawyers Weekly USA Staff The Roman Catholic Diocese of Spokane, Wash., which filed for bankruptcy after being barraged with sex-abuse lawsuits, has offered a $45.7 million settlement to 75 people who say they were molested by...

Verdicts & Settlements February 13, 2006: D.C. jail settles prisoner class action for $12M.(Bynum v. District of Columbia)(Brief Article)
February 13, 2006... Byline: Lawyers Weekly USA Staff Prisoner complaints about inappropriate strip searches and being held after their release date have resulted in a $12 million settlement by the District of Columbia Corrections Department. The...

Verdicts & Settlements February 13, 2006: Sunoco employee wins $9M for refinery fall.(Patrick Brown)(Brief Article)
February 13, 2006... Byline: Lawyers Weekly USA Staff A Pennsylvania jury on Jan. 24 awarded a Sunoco laborer $9 million for injuries suffered when he fell from a ladder at the company's South Philadelphia refinery. Patrick Brown, 35, fell in October 2002...

Verdicts & Settlements February 13, 2006: $6.8M awarded in sex harassment case.(Brief Article)
February 13, 2006... Byline: Lawyers Weekly USA Staff A Jackson County jury in Missouri awarded $6.8 million on Jan. 13 to a woman who said she was sexually harassed by her supervisor. Plaintiff Kendra Lynn alleged her former boss, Michael Gill, made lewd...

Verdicts & Settlements February 13, 2006: $1.89M for construction site accident.(Brief Article)
February 13, 2006... Byline: Lawyers Weekly USA Staff A Pennsylvania jury has awarded $1.89 million to a construction worker who was seriously injured when a 4,000-pound block of concrete landed on him, causing him to fall 20 feet. Timothy Carroll, 40, was...

Verdicts & Settlements February 13, 2006: $8M against Hyundai for seat collapse.(Brief Article)
February 13, 2006... Byline: Lawyers Weekly USA Staff A Washington state jury awarded $8 million earlier this month to a woman who was paralyzed when the front passenger seat in a Hyundai Accent collapsed in a head-on accident in 1997. The verdict came...

NJ Appellate Division rules lawyer's claim for unpaid fees is not time-barred.(Pellettieri, Rabstein and Altman v. Protopapas)(Brief Article)
February 27, 2006... Byline: Lawyers Weekly USA Staff An attorney's suit for unpaid fees stemming from a retainer agreement that permited periodic hourly billing does not arise until the matter is concluded or the attorney-client relationship is terminated,...

MA Appeals Court rules lawyers' misconduct bars recovery of fees in separate case.(Kourouvacilis v. American Federation of State, County and Municipal Employees)(Brief Article)
February 27, 2006... Byline: Lawyers Weekly USA Staff A suspended attorney is barred from recovering fees from his client in a wrongful termination case where his misconduct while representing the same client in a prior personal injury action hurt the client's...

MD Court of Special Appeals rules state anti-spam law is constitutional.(Maryland Court of Special Appeals LLC v. First Choice Internet, Inc.)
February 27, 2006... Byline: Lawyers Weekly USA Staff A state statute that regulates unsolicited commercial e-mail regardless of its state of origin is constitutional and can be enforced against out-of-state spammers, a Maryland appellate court has ruled in...

Verdicts & Settlements February 27, 2006: DaimerChrysler found not liable for fatal accident.(Brief Article)
February 27, 2006... Byline: Lawyers Weekly USA Staff An Iowa jury has ruled in favor of DaimerChrysler Corp. in a lawsuit filed by a woman whose husband was killed when the family's pickup truck lurched forward, running over him. The jury reached its...

Large punitive damage award upheld in cigarette case by Oregon Supreme Court.(Williams v. Philip Morris, Inc., United States Constitution. 14th Amendment)
February 27, 2006... Byline: Lawyers Weekly USA Staff A $79.5 million punitive damage award to the widow of a cigarette smoker didn't violate the Fourteenth Amendment's Due Process Clause, the Oregon Supreme Court has ruled. A man died of lung cancer...

Texas Supreme Court rules plaintiff can't sue over junk faxes.(The Chair King, Inc. v. GTE Mobilnet of Houston, Inc.)(Brief Article)
February 27, 2006... Byline: Lawyers Weekly USA Staff A plaintiff cannot bring suit under the Telephone Consumer Protection Act for conduct occurring prior to the effective date of state enabling legislation, the Texas Supreme Court has ruled. The...

Illinois Supreme Court rules auto warranty can't exclude consequential damages.(Razor v. Hyundai Motor America, Magnuson-Moss Warranty - Federal Trade Commission Improvement Act)
February 27, 2006... Byline: Lawyers Weekly USA Staff The purchaser of a defective automobile could recover damages for aggravation, inconvenience and loss of use, even though her warranty expressly prohibited consequential damages, the Illinois Supreme Court...

Utah Supreme Court rules personal jurisdiction can't be based on e-mail.(Fenn v. Mleads Enterprises, Inc.)(Brief Article)
February 27, 2006... Byline: Lawyers Weekly USA Staff An unsolicited e-mail message received by a Utah resident from an out-of-state defendant is an insufficient basis for personal jurisdiction, the Utah Supreme Court has ruled. The e-mail was sent by a...

2nd Circuit says 'junk fax' claims can be heard in federal court.(Gottlieb v. Carnival Corp., Telephone Consumer Protection Act of 1991)
February 27, 2006... Byline: Lawyers Weekly USA Staff Federal courts have diversity jurisdiction over private "junk fax" claims brought under the Telephone Consumer Protection Act, the 2nd Circuit has ruled in reversing a dismissal. A plaintiff who owned a...

Alaska Supreme Court rules live-in ex-husband not covered by woman's auto insurance.(Cole v. State Farm Insurance Co.)(Brief Article)
February 27, 2006... Byline: Lawyers Weekly USA Staff A man injured in an automobile accident was not covered under his ex-wife's insurance, even though the couple had reunited and lived together in the same home, the Alaska Supreme Court has ruled in...

9th Circuit Court rules denial of Medicaid benefits can give rise to Sect. 1983 claim.(Watson v. Weeks, Medicaid Act)
February 27, 2006... Byline: Lawyers Weekly USA Staff Plaintiffs could bring a civil rights claim against a state over the denial of Medicaid benefits because the Medicaid Act creates certain individualized rights cognizable under Sect. 1983, the 9th Circuit...

D.C. Circuit Court rules 'alternative' sentence is unenforceable.(Circuit. U.S. v. Booker)(Brief Article)
February 27, 2006... Byline: Lawyers Weekly USA Staff A U.S. District Court lacked the authority to impose an alternative sentence in addition to one based on the federal sentencing guidelines, the D.C. Circuit has ruled. The defendant was convicted of...

11th Circuit rules use of videoconference testimony violated Sixth Amendment.(U.S. v. Yates, United States Constitution. 6th Amendment)
February 27, 2006... Byline: Lawyers Weekly USA Staff Testimony given at trial by means of a two-way video teleconference from Australia violated the defendants' Sixth Amendment right to confrontation, the en banc 11th Circuit has ruled. The defendants...

Colorado Court of Appeals rules DNA testing as probation condition is constitutional.(People v. Rossman)(Brief Article)
February 27, 2006... Byline: Lawyers Weekly USA Staff A judge did not violate constitutional safeguards by imposing DNA testing as a condition of probation, the Colorado Court of Appeals has ruled. The defendant, who pled guilty to second-degree burglary...

3rd Circuit Court rules police-created 'exigency' no justification for warrantless search.(U.S. v. Coles )
February 27, 2006... Byline: Lawyers Weekly USA Staff Evidence seized in a warrantless search of a hotel room was not admissible under the "exigent circumstances" exception to the warrant requirement, where the police themselves created the exigency, the 3rd...

Florida Court of Appeals rules 'suspicionless' detention of high school student is constitutional.(J.D. v. State)(drug traffic case)
February 27, 2006... Byline: Lawyers Weekly USA Staff A high school security officer was not required to have a reasonable suspicion of criminal activity in order to detain and question a student about suspected drug possession, the Florida Court of Appeal has...

Florida Supreme Court rules that warrant validates search after illegal stop.(State v. Frierson)
February 27, 2006... Byline: Lawyers Weekly USA Staff An outstanding arrest warrant can dissipate the taint from an illegal traffic stop, the Florida Supreme Court has ruled. The defendant was stopped for failing to use a turn signal. After running a check...

Alternative sentences don't violate 'booker'.(U.S. v. Booker, U.S. v. Knows His Gun, United States Constitution. 6th Amendment)(Brief Article)
February 27, 2006... Byline: Lawyers Weekly USA Staff The issuance of alternative sentences didn't violate principles established by the U.S. Supreme Court in U.S. v. Booker, the 9th Circuit has ruled. A defendant was indicted by a grand jury on one count...

Existence of lost search warrant can be shown by other evidence.(U.S. v. Pratt)
February 27, 2006... Byline: Lawyers Weekly USA Staff The Fourth Amendment does not prohibit the use of other evidence to establish the existence and contents of a lost search warrant, the 11th Circuit has ruled. Using information from a confidential...

Commentary: Stating the obvious.(filing a timely appeal)
February 27, 2006... Byline: Judge Mark P. Painter We lawyers have a talent for stating the obvious. We fill our documents with self-evident drivel. Not only does this take up space, but it's part of the mind-numbing legal prose that too often clogs our...

6th Circuit Court rules federal court lacks jurisdiction over state wrongful-discharge lawsuit.(Eastman v. Marine Mechanical Corp)
February 27, 2006... Byline: Lawyers Weekly USA Staff A federal court lacked jurisdiction to hear a state-law wrongful-discharge suit, even though the plaintiff alleged his firing violated public policy expressed in federal statutes prohibiting fraud in...

Grandparent visitation statute struck down by Maine's high court.
February 27, 2006... Byline: Lawyers Weekly USA Staff A state law granting grandparents standing to seek visitation when one parent has died is unconstitutional, Maine's highest court has ruled. A married couple had a child. A few years later, the husband...

NJ Appellate Division rules cohabitation required for palimony claim.(Levine v. Konvitz )(New Jersey)
February 27, 2006... Byline: Lawyers Weekly USA Staff Cohabitation is a prerequisite for a palimony claim, and therefore a woman can't sue to enforce a promise of lifetime support from a man with whom she had a 70-year relationship, because the couple never...

Florida Court of Appeal rules co-parenting agreement can't be enforced against lesbian partner.(Wakeman v. Dixon )
February 27, 2006... Byline: Lawyers Weekly USA Staff A woman can't enforce a co-parenting agreement with her lesbian partner, who conceived two children through artificial insemination, the Florida Court of Appeal has ruled. The couple had signed the...

North Dakota Supreme Court rules divorced parent can't relocate without obtaining primary custody.(Maynard v. McNett )(Brief Article)
February 27, 2006... Byline: Lawyers Weekly USA Staff A mother sharing custody with her ex-husband could not relocate to another state without a court first determining that granting primary custody to the mother was in her child's best interests, the North...

When does accrual of alienation claim occur?(marital separation case)(McCutchen v. McCutchen )
February 27, 2006... Byline: Lawyers Weekly USA Staff A claim for alienation of affection accrues whenever the alienation is complete, regardless of the date of the plaintiffs' marital separation, the North Carolina Supreme Court has ruled. The plaintiff...