Lawyers Weekly USA articles from January 2006

Lawyers Weekly USA archives from January 2006

9th Circuit says plaintiffs can't sue over involuntary bankruptcy petition.(Miles v. Okun )
January 2, 2006... Byline: Lawyers Weekly USA Staff Plaintiffs could not bring state-law tort claims for damages that allegedly resulted from the filing of involuntary bankruptcy petitions - such claims are preempted by the Bankruptcy Code, the 9th Circuit...

Emotional damages award against IRS not authorized by Bankruptcy Code.(Internal Revenue Service )(Brief Article)
January 2, 2006... Byline: Lawyers Weekly USA Staff The Bankruptcy Code does not permit debtors to recover emotional distress damages against the government, the 1st Circuit has ruled. The debtors alleged that the Internal Revenue Service had violated a...

9th Circuit rules debt collector can be sued under Fair Debt Act.
January 2, 2006... Byline: Lawyers Weekly USA Staff A debt collector could be sued under the Fair Debt Collection Practices Act for sending a collection notice that said the debtor could only dispute the validity of the debt in writing, the 9th Circuit has...

'Filed-rate' doctrine bars consumer claim over phone charges.
January 2, 2006... Byline: Lawyers Weekly USA Staff The filed-rate doctrine bars a state consumer claim that a telephone company allegedly engaged in unfair and deceptive trade practices by charging certain customers for touch-tone dialing services, when...

Expert witness can't be sued over deposition testimony, Alaska Supreme Court says.(Gilbert v. Sperbeck)
January 2, 2006... Byline: Lawyers Weekly USA Staff A state witness immunity rule barred fraud and misrepresentation claims against a medical expert who provided deposition testimony in the arbitration of an insurance dispute, the Alaska Supreme Court has...

Illinois Appellate Court says business not entitled to attorney fees as part of 'collection costs'.(Negro Nest LLC v. Mid-Northern Management Inc)(Brief Article)
January 2, 2006... Byline: Lawyers Weekly USA Staff A business wasn't entitled to an award of attorney fees when it successfully sued to enforce a cleaning services contract, even though the agreement expressly provided for the recovery of "collection...

Satellite TV company can sue for interception of signal, 3rd Circuit rules.(DirecTV Inc. v. Pepe)
January 2, 2006... Byline: Lawyers Weekly USA Staff A satellite television company has a private right of action under the Electronic Communications Privacy Act for the unauthorized interception of its satellite TV signal, the 3rd Circuit has ruled. A...

Arizona Court of Appeals says homeowners' association can't adopt 55-or-older restriction.
January 2, 2006... Byline: Lawyers Weekly USA Staff A homeowners' association could not amend its bylaws to limit residency to people 55 or older, even though the amendment complied with federal fair housing law, the Arizona Court of Appeals has ruled in...

8th Circuit says parental leave policy can treat sets of parents differently.
January 2, 2006... Byline: Lawyers Weekly USA Staff A public employer's policy of permitting biological mothers and adoptive parents to convert sick leave to parental leave upon the arrival of a new child doesn't unlawfully discriminate against biological...

2nd Circuit says encouraging fellow officer's drunk driving may be due process violation.(Brief Article)
January 2, 2006... Byline: Lawyers Weekly USA Staff Municipal defendants who allegedly encouraged a police officer to drive drunk may be found to have violated the due process rights of pedestrians struck by the officer's car, the 2nd Circuit has ruled. ...

5th Circuit says 'Booker' sentencing decision doesn't apply retroactively.(U.S. v. Gentry )(Brief Article)
January 2, 2006... Byline: Lawyers Weekly USA Staff The U.S. Supreme Court's decision invalidating the mandatory application of the federal sentencing guidelines does not apply retroactively, the 5th Circuit has ruled. The defendant was convicted in 2003...

Pre-'Booker' plea agreement is valid, 5th Circuit rules.(U.S. v. Burns )
January 2, 2006... Byline: Lawyers Weekly USA Staff A plea agreement waiving the right to appeal is still valid despite a subsequent decision by the U.S. Supreme Court invalidating the mandatory application of the federal sentencing guidelines, the 5th...

D.C. Circuit says alternative sentence valid under 'Booker' ruling.(Circuit. U.S. v. Simpson)(Brief Article)
January 2, 2006... Byline: Lawyers Weekly USA Staff A judge's alternative sentencing methodology was proper under Booker, the D.C. Circuit has ruled. The case involved a defendant convicted of reentry by an alien deported after conviction for an...

Discovery of wandering child allows warrantless entry, Florida Supreme Court rules.(Riggs v. State )
January 2, 2006... Byline: Lawyers Weekly USA Staff A warrantless entry into an apartment was justified by the discovery of a child wandering alone in the complex, the Florida Supreme Court has ruled. On a January night at 3 a.m., two sheriff's deputies...

Illinois Supreme Courts says search of parolee at traffic stop was constitutional.(People v. Moss)
January 2, 2006... Byline: Lawyers Weekly USA Staff A police pat-down of a parolee at a traffic stop did not violate the defendant's Fourth Amendment rights, the Illinois Supreme Court has ruled in reversing an appellate court. The defendant was on...

Illinois Appellate Court says search request didn't violate Fourth Amendment.(People v. Ramsey )
January 2, 2006... Byline: Lawyers Weekly USA Staff An officer didn't violate the Fourth Amendment when, after the conclusion of a traffic stop, he asked the driver if he had anything illegal in the car and for consent to search, the Illinois Appellate Court...

Defendant with vacated conviction isn't eligible for deportation, 3rd Circuit rules.(Pinho v. Gonzales)
January 2, 2006... Byline: Lawyers Weekly USA Staff A defendant whose conviction on drug charges was vacated after he alleged ineffective representation of counsel cannot be treated as having a "conviction" for purposes of determining eligibility for...

5th Circuit says employer can sue employee for property damage.(Withhart v. Otto Candies LLC)(Brief Article)
January 2, 2006... Byline: Lawyers Weekly USA Staff An employer may assert negligence and indemnity claims against its seaman employee for property damage allegedly caused by the employee's negligence, the 5th Circuit has ruled. While on watch, a...

State law barring marriage licenses for same-sex couples is constitutional.(Brief Article)
January 2, 2006... Byline: Lawyers Weekly USA Staff A state law denying marriage licenses to same-sex couples is constitutional, the New York Appellate Division has ruled in reversing a trial court. A group of same-sex couples applied for marriage...

Student may sue school for harassment by fellow students, Vermont Supreme Court finds.
January 2, 2006... Byline: Lawyers Weekly USA Staff The state's public accommodations law permits claims for student-on-student harassment at school, although the plaintiff failed to exhaust her administrative remedies prior to filing suit, the Vermont...

Illinois Appellate Court says landlord may be liable for attack on tenant.(Bourgognje v. Machev)
January 2, 2006... Byline: Lawyers Weekly USA Staff A landlord who failed to maintain security lights outside an apartment building may be liable for the rape of a tenant, the Illinois Appellate Court has ruled in reversing a trial court. The plaintiff...

Property owner may be liable to independent contractor's employee.(Kinsman v. Unocal Corp.)(Brief Article)
January 2, 2006... Byline: Lawyers Weekly USA Staff A landowner that hires an independent contractor may be liable to the contractor's employee for injuries due to asbestos exposure, the California Supreme Court has ruled. A refinery hired an independent...

IRS to increase number of audits.(Internal Revenue Service)
January 2, 2006... Byline: Correy E. Stephenson In an effort to boost compliance with tax laws and regulations, the IRS recently announced that it would increase the number of audits it will conduct in the next fiscal year. But the audit increase is just...

$10.1 billion award in 'light' cigarette case snuffed out.(Philip Morris Inc.)
January 2, 2006... Byline: Reni Gertner The Illinois Supreme Court's recent decision overturning a $10.1 billion verdict in a class action filed by smokers of light cigarettes has handed a big victory to the tobacco industry. Rather than pursuing damages...

Seminar helps lawyers chart a course to big profits.
January 2, 2006... Byline: Nora Lockwood Tooher Steve Riley practices what he preaches. Since founding his firm 10 years ago, the creator of the "Double Your Revenue Workshop" has used a constant stream of new products, services and practice innovations to...

Double Your Revenue Seminar: David M. Frisse targets Christian families for estate planning.
January 2, 2006... Byline: Nora Lockwood Tooher This was the second try for David Frisse. Two years ago he attended the Double Your Revenue workshop and returned to his Midwestern estate planning and business law practice full of energy and ambition. But...

Double Your Revenue Seminar: Manhattan lawyer Glenn Busch needs competent staff to increase revenues.
January 2, 2006... Byline: Nora Lockwood Tooher For Manhattan solo Glenn Busch, the biggest barrier to increased revenue is staff - specifically, the lack of a competent one. With a Master of Laws in taxation and a degree in accounting, Busch is well...

Double Your Revenue Seminar: Steven Eichenblatt & Gregory Page find Florida's tort reform a threat.
January 2, 2006... Byline: Nora Lockwood Tooher Florida personal injury lawyers Steven Eichenblatt and Gregory Page came to the Double Your Revenue workshop hoping to find ways to blunt the impact of "tort reform," which Page said has "not only affected the...

Commemtary: 'Techno-resolutions' for the new year.
January 2, 2006... Byline: Bruce L. Dorner All of us have the desire to change and improve ourselves during the coming year. The custom of making appropriate resolutions is not limited to eating better and exercising more. I thought my readers might want to...

Homestead provision in bankruptcy law impacts asset protection planning.
January 2, 2006... Byline: Jeffrey A. Baskies How does the homestead provision in the new bankruptcy law impact asset protection planning? Three bankruptcy courts have held that the new law's homestead cap of $125,000 will apply to equity developed in...

'I'm sorry' could reduce med-mal litigation.(medical malpractice)
January 2, 2006... Byline: Reni Gertner "Say you're sorry." It's something moms everywhere tell their children when they hurt someone on the kindergarten playground. Now it appears the art of apologizing is taking hold of the legal world, with many...

2nd Circuit rules debtor's declaration does not result in student loan discharge in bankruptcy.(Whelton v. Educational Credit Management Corp.)(Brief Article)
January 2, 2006... Byline: Lawyers Weekly USA Staff Student loans were not discharged in bankruptcy, despite the debtor's declaration to the contrary, the 2nd Circuit has ruled. An individual who obtained student loans while in law school later filed for...

Commentary: Using a private foundation to control charitable dollars.
January 2, 2006... Byline: Thomas J. Ray A lay text on estate planning answers the question, "What is Estate Planning?" with the following definition: "I want to control my property while I'm alive. I want to take care of me and my loved ones if I become...

Two careers, four kids and a new life in the Black Hills.
January 2, 2006... Byline: Natalie White The camera zooms in on a dark-haired woman delivering opening remarks to the biggest jury she's ever faced - nightly news viewers in South Dakota. "Good Evening. I'm Alicia Garcia. Shad Olsen will be joining us...

Verdicts & Settlements January 2, 2006: $126M verdict in 1983 Beirut U.S. Embassy bombing case.
January 2, 2006... Byline: Lawyers Weekly USA Staff A federal court in Washington D.C. has held Iran liable for the April 1983 bombing of the U.S. Embassy in Beirut, awarding $126 million to 29 victims and their families. In a 94-page opinion, Judge John...

Verdicts & Settlements January 2, 2006: Washington pays husband $6.5M for wife killed by parolee.(Stephen Joyce, Paula Joyce, Valdez Stewart)(Brief Article)
January 2, 2006... Byline: Lawyers Weekly USA Staff The husband and four children of Paula Joyce have negotiated a $6.5 million settlement with the state of Washington for failing to supervise the parolee who killed their mother. It is the highest...

Verdicts & Settlements January 2, 2006: $28.5M for death of South Carolina reverend.(Ronel Huggins)
January 2, 2006... Byline: Lawyers Weekly USA Staff A South Carolina jury awarded $28.5 million to the family of the Rev. Ronel Huggins, 43, who died in custody when jail medical professionals failed to give him his diabetic medication. The verdict...

Verdicts & Settlements January 2, 2006: Insurer to pay $52M for refusing to pay asbestos claims.(Brief Article)
January 2, 2006... Byline: Lawyers Weekly USA Staff A Minnesota jury has awarded $52.5 million to a construction company that sued its Boston-based insurer for failing to defend it against hundreds of asbestos-related personal injury and wrongful death...

Verdicts & Settlements January 2, 2006: Texas court gives $1.6 Million in Ford Explorer rollover.(Brief Article)
January 2, 2006... Byline: Lawyers Weekly USA Staff A Texas court ordered Ford Motor Co. to pay $16.6 million to the family of 13-year-old boy who was killed in a rollover accident involving the company's embattled Explorer SUV. In April 2003 Dianne...

Verdicts & Settlements January 2, 2006: Loyola University liable for transplanting diseased heart.(Brief Article)
January 2, 2006... Byline: Lawyers Weekly USA Staff An Illinois jury has ordered Loyola University Medical Center to pay $2.7 million in the death of a transplant patient who received a diseased heart. The university claimed that the surgeon had no...

Verdicts & Settlements January 2, 2006: Med Center liable in baby's death.(medical centres)(Brief Article)
January 2, 2006... Byline: Lawyers Weekly USA Staff An Ohio jury awarded $2.5 million to Jill and Nathan Casto for negligent prenatal care that led to the death of their son in childbirth. Plaintiffs attorney James M. Kelley, III, contended that the...

Verdicts & Settlements (January 2, 2006) $7.8 million awarded in retirement benefits fraud case.(Medco Health Solutions Inc.)(Merck and Co.)(Brief Article)
January 2, 2006... Byline: Lawyers Weekly USA Staff An Ohio jury awarded $7.8 million in a lawsuit filed by the State Teachers Retirement System accusing its pharmacy benefits manager of fraud. The 2003 suit alleged that Medco Health Solutions Inc. and...

Verdicts & Settlements January 2, 2006: $7.5M against Mississippi highway patrol in DUI accident.(driving under influence of alcohol)(Brief Article)
January 2, 2006... Byline: Lawyers Weekly USA Staff A Mississippi jury has ordered the state Highway Patrol to pay $7.5 million to the family of woman who was fatally injured in a drunken driving accident with an off-duty police officer. Deena Vest was...

Discount musical instrument maker wins $20.7 million for competitor's smear campaign.
January 2, 2006... Byline: Natalie White Massachusetts jurors, perhaps swayed by a rare courtroom performance of Errol Garner's jazz classic "Misty," recently awarded $20.7 million to a musical instrument maker that claimed it lost millions to a competitor's...

California mold case settles for $22 million.
January 2, 2006... Byline: Natalie White A California family recently negotiated a landmark $22.6 million settlement in a toxic mold case, claiming that moldy lumber used to build their house created a "poison prison" that severely injured their son. As...

Verdicts & Settlements January 2, 2006: Firefighters awarded $540K in reverse discrimination suit.(Brief Article)
January 2, 2006... Byline: Lawyers Weekly USA Staff A federal jury on Dec. 9 awarded four white fire captains in Mobile, Ala., $135,000 each in a discrimination suit over promotions. The officers in the Mobile Fire-Rescue Department claimed they were...

Verdicts & Settlements January 2, 2006: Sexual harassment verdict for $427K.(Brief Article)
January 2, 2006... Byline: Lawyers Weekly USA Staff A West Virginia jury awarded $427,000 on Dec. 6 to a former St. Mary's Medical Center nurse who accused a doctor of sexually harassing her. Pam McNeely, a former surgical nurse at St. Mary's, sued the...

Verdicts & Settlements January 2, 2006: Maytag settles age discrimination suit for $334K.(Brief Article)
January 2, 2006... Byline: Lawyers Weekly USA Staff Maytag Corp. has agreed to pay $334,500 to settle an age discrimination lawsuit filed by the federal EEOC on behalf of three regional sales managers who claimed they were demoted. Matthew Max, the...

Verdicts & Settlements January 2, 2006: $1.2M in medical malpractice suit.(Brief Article)
January 2, 2006... Byline: Lawyers Weekly USA Staff A Michigan jury awarded $1.2 million on Dec. 9 to a former auto worker who sued his podiatrist for failing to hospitalize him for dead tissue and poor circulation in his left foot. According to...

Verdicts & Settlements January 2, 2006: DirecTV settles class-action suit over deceptive marketing.(Brief Article)
January 2, 2006... Byline: Lawyers Weekly USA Staff DirecTV Inc. has promised to reimburse unhappy customers and to make its advertised offers clearer, according to a settlement the satellite broadcaster reached Dec. 12 with 22 states over deceptive...

Verdicts & Settlements January 2, 2006: Settlement reached in Grand Canyon helicopter crash.(Brief Article)
January 2, 2006... Byline: Lawyers Weekly USA Staff A Brooklyn woman, the sole survivor of a Grand Canyon sightseeing air crash that killed six people in 2001, has settled a lawsuit involving the tour company, pilot and helicopter manufacturer. Terms of...

Verdicts & Settlements January 2, 2006: Police officer awarded $640K in botched surgery suit.(Brief Article)
January 2, 2006... Byline: Lawyers Weekly USA Staff A Maine jury has awarded nearly $643,000 to a former police officer in a botched surgery that left him with a permanently swollen and painful leg. Eric Richard, 41, of Mexico, Me., sued Dr. Eric...

Top Ten Verdicts of 2005: A fraction of the previous year.
January 16, 2006... Byline: Bill Ibelle With a few exceptions, 2005 was not a year for super-sized verdicts - at least not relatively speaking. Taken as a whole, the Top Ten verdicts in 2004 were nearly twice the size of this year's batch of the largest...

Where Are They Now? Top Verdicts of 2004.(Whittaker v. Southwestern Life Insurance Co., Coffey v. Wyeth and Brown v. Dorsey )
January 16, 2006... Byline: Jaclyn Jaeger #1 $1.6 Billion Insurance Fraud Whittaker v. Southwestern Life Insurance Co. Feb. 4, 2004 Alabama Status: Settled for an undisclosed amount. It took less than an hour of deliberations for an...

Billionaire investor awarded $1.45 billion in fraud suit against Morgan Stanley.(Coleman (Parent) Holdings v. Morgan Stanley)
January 16, 2006... Byline: Nora Lockwood Tooher In 2005's largest verdict to an individual plaintiff, a Florida jury last May ordered Morgan Stanley to pay $1.45 billion to investor Ronald O. Perelman for defrauding him in the sale of his Coleman camping...

$65 million for sixth-grader electrocuted at bus stop.(Eller Media Co.'s case of criminal manslaughter charges)
January 16, 2006... Byline: Natalie White Three years after a jury acquitted a Florida company of criminal manslaughter charges, a civil jury hit the outdoor advertiser with a $65 million verdict for the electrocution of a sixth-grade boy. The 12-year-old...

Private jet pilot wins $64 million for age discrimination.
January 16, 2006... Byline: Correy E. Stephenson Captain Doyle D. Baker loved to fly. And when his employer, PrivatAir - an aviation company specializing in private airline services - fired him, he lost more than his job. "It was like they had taken...

Verdicts & Settlements January 16, 2006: Family wins $61.2M in Ford Explorer rollover.(Hall-Edwards v. Ford Motor Co.)
January 16, 2006... Byline: Reni Gertner In the ninth loss for Ford in Explorer rollover cases, a Florida jury awarded $61.2 million to the parents of an 18-year-old boy who was killed in a 1997 accident. Ford won the first 13 Explorer rollover cases to...

Verdicts & Settlements January 16, 2006: Overdose of chemotherapy leads to $606M verdict.
January 16, 2006... Byline: Natalie White In what may be one of the last massive medical malpractice verdicts in Texas, a state jury awarded $606 million - including a remarkable $600 million in punitive damages - to the family of an 82-year-old cancer...

Verdicts & Settlements January 16, 2006: Texas jury awards $253 million in first Vioxx trial.(Ernst v. Merck & Co.)
January 16, 2006... Byline: Nora Lockwood Tooher Plaintiffs scored a major victory in the ongoing Vioxx litigation last August when a Texas jury awarded $253.5 million in the first trial. Robert C. Ernst, a 59-year-old triathlete, had been taking the...

Verdicts & Settlements January 16, 2006: High-low agreement slashes $164M verdict to $5M.
January 16, 2006... Byline: Linda Tucci Moments before a Florida jury returned with its $164 million verdict last July, plaintiffs' attorney Arthur Tifford agreed to a high-low agreement that capped the defendant's liability at $5 million. That may seem...

Small entertainment promoter wins $90 million verdict against industry giant.(Jerry Mickelson, JamSports v. Paradama Productions Inc.)
January 16, 2006... Byline: Natalie White In a David and Goliath type tale, an Illinois jury awarded an events promoter $90 million - most of it in punitive damages - against one of the nation's largest entertainment promoters, Clear Channel Communications of...

Law firm, bank must pay $65.5M to widow in estate planning case.(Callioux v. Baker Botts, L.L.P., Wells Fargo Bank N.A.)
January 16, 2006... Byline: Reni Gertner In February, a prominent Houston-based law firm and a Texas bank were slammed with a $65.5 million verdict in a complex estate planning case that involved major conflicts of interest. The plaintiff, a widow who is...

Verdicts & Settlements January 16, 2006: Giants Stadium beer vender held liable.(Verni v. Lanzaro)
January 16, 2006... Byline: Natalie White In the largest liquor liability verdict in the nation, a New Jersey jury last January found the beer concession at Giants Stadium in New York liable for a drunken football fan who caused a car crash that paralyzed a...

9th Circuit rules retainer agreement can't assign right to attorney fees.(Brief Article)
January 30, 2006... Byline: Lawyers Weekly USA Staff A retainer agreement that assigned the plaintiff's right to seek attorney fees from the defendant to her attorney is unenforceable, the 9th Circuit has ruled in affirming a U.S. District Court and applying...

CA Court of Appeals rules law firm may enforce damages clause against departing partner.(Brief Article)
January 30, 2006... Byline: Lawyers Weekly USA Staff A state disciplinary rule that prohibits fee splitting does not bar a law firm's enforcement of a damages clause against a departing partner, the California Court of Appeal has ruled. A lawyer joined a...

IL Appellate Court rules law firm may be liable for faulty advice about statute of limitations.
January 30, 2006... Byline: Lawyers Weekly USA Staff A law firm that incorrectly advised a client about the statute of limitations for filing a wrongful death suit could be held liable for legal malpractice, the Illinois Appellate Court has ruled in reversing...

FL Court of Appeals rules legal malpractice claim can be assigned to lender.
January 30, 2006... Byline: Lawyers Weekly USA Staff A legal malpractice claim relating to a botched mortgage foreclosure can be assigned to the lender who acquired the underlying note and mortgage, the Florida Court of Appeal has ruled in reversing a trial...

CA Court of Appeals rules legal malpractice case isn't time-barred.(Brief Article)
January 30, 2006... Byline: Lawyers Weekly USA Staff In a legal malpractice case, the limitations period was tolled as to an attorney's former law firm and one of its partners while the attorney continued to represent the client in the same subject matter at...

U.S. Supreme Court rules bankruptcy trustee may set aside preferential transfers to state agencies.(Brief Article)
January 30, 2006... Byline: Lawyers Weekly USA Staff A proceeding by a bankruptcy trustee to set aside preferential transfers by a debtor to state agencies is not barred by sovereign immunity, the U.S. Supreme Court has ruled. The debtor, a bookstore, did...

4th Circuit rules debtor cannot discharge student loans.(Court of Appeals for the 4th Circuit)
January 30, 2006... Byline: Lawyers Weekly USA Staff A debtor could not discharge her student loans because she failed to prove undue hardship - she demonstrated no exceptional circumstances over and above her present inability to pay her debt, and she failed...

3rd Circuit rules arbitration clause must be enforced in bankruptcy.(Court of Appeals for the 3d Circuit)(Brief Article)
January 30, 2006... Byline: Lawyers Weekly USA Staff A Chapter 13 debtor who sought to rescind a home equity loan was required to arbitrate the dispute in accordance with the terms of her loan agreement, the 3rd Circuit has ruled in reversing a bankruptcy...

3rd Circuit rules Truth in Lending Act disclosure obligations can't be delegated to 3rd party.(Brief Article)
January 30, 2006... Byline: Lawyers Weekly USA Staff The Truth in Lending Act does not permit a creditor to delegate its disclosure responsibilities, but requires that all pertinent disclosures be made by a single creditor, the 3rd Circuit has ruled. The...

4th Circuit rules rejected sales contracts may be basis for Truth in Lending Act liability.(Court of Appeals for the 4th Circuit)(Brief Article)
January 30, 2006... Byline: Lawyers Weekly USA Staff An automobile dealer could be liable for failing to disclose certain charges in retail installment sales contracts for the purchase of two pickup trucks, even though the contracts were replaced by other...

AZ Court of Appeals rules federal law bars defamation suit against website operator.(Brief Article)
January 30, 2006... Byline: Lawyers Weekly USA Staff Federal law immunized an Internet website operating company against state law claims for refusing to remove allegedly defamatory comments from a site it hosted, the Arizona Court of Appeals has ruled in...

5th Circuit rules state law flood insurance claim preempted by federal regulation.(Court of Appeals for the 5th Circuit)(Brief Article)
January 30, 2006... Byline: Lawyers Weekly USA Staff A state-law claim against an insurance company that issued a flood insurance policy should have been dismissed on the basis of federal preemption, the 5th Circuit has ruled. The plaintiff policyholders...

1st Circuit rules hospital cannot be sued by out-of-state patient.
January 30, 2006... Byline: Lawyers Weekly USA Staff A Massachusetts hospital was not subject to Maine's long-arm jurisdiction in a malpractice suit, even though the plaintiff was referred by a Maine physician and the hospital marketed its services to Maine...

5th Circuit vacates arbitrator's award for failure to disclose professional relationship.(Court of Appeals for the 5th Circuit)
January 30, 2006... Byline: Lawyers Weekly USA Staff An arbitrator's failure to disclose his professional association with one of the parties' counsel warranted overturning his award, the 5th Circuit has ruled. A software company sued a licensee, alleging...

U.S. Supreme Court rules businesswoman's 'Bivens' suit not subject to FTCA judgment bar.(Federal Tort Claims Act)
January 30, 2006... Byline: Lawyers Weekly USA Staff A refusal to apply the Federal Tort Claims Act's judgment bar to a businesswoman's Bivens suit is not open to collateral appeal, the U.S. Supreme Court has ruled. The plaintiff owned her own company,...

4th Circuit rules insurer's reservation of rights doesn't result in automatic conflict of interest.
January 30, 2006... Byline: Lawyers Weekly USA Staff A reservation of rights letter contesting coverage of certain claims but not others does not automatically trigger a conflict of interest entitling an insured to choose its own counsel and have the...

U.S. Supreme Court rules fraud suit against national bank can't be removed to federal court.
January 30, 2006... Byline: Lawyers Weekly USA Staff There is no diversity jurisdiction in a fraud suit against a national bank with branch offices in the state where the plaintiff lives - the bank is a citizen of the state where its main offices are located,...

MD Court of Appeals rules welding fumes not covered by pollution exclusion.(Brief Article)
January 30, 2006... Byline: Lawyers Weekly USA Staff A pollution exclusion clause in an insurance policy did not bar coverage for liability resulting from exposure to welding fumes, Maryland's highest court has ruled in answering a certified question from a...

Nevada Supreme Court rules state courts can hear junk fax suits.(Telephone Consumer Protection Act of 1991)(Brief Article)
January 30, 2006... Byline: Lawyers Weekly USA Staff State courts have jurisdiction to hear "junk fax" suits filed under the federal Telephone Consumer Protection Act, the Nevada Supreme Court has ruled. The plaintiff received six separate one-page...

6th Circuit rules federal court has jurisdiction to award attorney fees in ERISA case.(Employee Retirement Income Security Act of 1974)
January 30, 2006... Byline: Lawyers Weekly USA Staff A federal court had jurisdiction to award attorney fees to insureds who defeated an ERISA plan's claim for reimbursement from compensation they received for personal injury, the 6th Circuit has ruled in...