Lawyers Weekly USA articles from July 2005

Lawyers Weekly USA archives from July 2005

U.S. Supreme Court Justices rule on music downloads.(MGM Studios Inc. v. Grokster Ltd.)
July 4, 2005... Byline: Correy E. Stephenson Peer-to-peer file sharing companies may be liable for the distribution of copyrighted material by their consumers, the U.S. Supreme Court has ruled. The decision, which came on the final day of the court's...

Supreme Court says cities may seize private property for economic development.(Kelo v. City of New London )
July 4, 2005... Byline: Correy E. Stephenson Local governments may seize private property for public use even where the sole purpose is economic development, the U.S. Supreme Court ruled in a 5-4 decision. When the city of New London presented a plan...

Massachusetts tenants evicted from condo for smoking.(Harwood Capital Corp. v. Carey)
July 4, 2005... Byline: Natalie White In a verdict believed to be the first of its kind in the nation, a Massachusetts jury concluded that a couple could be evicted from their Boston condominium for heavy cigarette smoking - even though their lease did...

IRS's Circular 230 modifications go into effect.(Internal Revenue Service)
July 4, 2005... Byline: Jeffrey A. Baskies The December 2004 and May 2005 modifications and clarifications to Circular 230 became effective on June 20, 2005. Circular 230, which establishes the standards of practice before the Internal Revenue Service,...

Law firm may be required to indemnify expert witness, CA Court of Appeals finds.(Forensis Group Inc. v. Frantz)
July 4, 2005... Byline: Lawyers Weekly USA Staff An expert witness in a products liability case and the agency that referred him could seek indemnification from a client's law firm when they were sued for malpractice, the California Court of Appeal has...

Settlement of divorce case bars legal malpractice claim, NJ Supreme Court says.(Puder v. Buechel)(Brief Article)
July 4, 2005... Byline: Lawyers Weekly USA Staff A client's acceptance of an agreement settling her divorce precludes her from suing her former attorney for legal malpractice, the New Jersey Supreme Court has ruled. The client accepted a settlement...

6th Circuit rules defense lawyer can't sue prosecutor for retaliation.(Mezibov v. Allen)
July 4, 2005... Byline: Lawyers Weekly USA Staff A defense lawyer can't sue for retaliation under Sect. 1983 where a prosecutor made public statements criticizing his defense of a client in a criminal trial, the 6th Circuit has ruled in affirming a...

Wisconsin Supreme Court says guilty plea doesn't bar legal malpractice claim.(Mrozek v. Intra Financial Corp.)
July 4, 2005... Byline: Lawyers Weekly USA Staff A businesswoman's guilty plea to criminal charges arising from an investment scheme barred malpractice claims against her attorney for advice provided in relation to the scheme, the Wisconsin Supreme Court...

Nevada Supreme Court finds lawyer provided by union can't be sued for malpractice.(Weiner v. Beatty)(Brief Article)
July 4, 2005... Byline: Lawyers Weekly USA Staff Federal labor law bars a union member from suing a lawyer provided by his union for malpractice, the Nevada Supreme Court has ruled in affirming a summary judgment. The union member worked as the...

OK Court of Appeals says fee-sharing agreement not barred by professional conduct rules.(Frasier, Frasier & Hickman LLP v. Flynn)
July 4, 2005... Byline: Lawyers Weekly USA Staff The state's rules of professional conduct don't prohibit enforcement of a fee division agreement between a law firm and a departing attorney, the Oklahoma Court of Appeals has ruled. A lawyer joined a...

Law firm can't sue placement firm for sending unlicensed attorney, MO Court of Appeals rules.(Spencer Reed Group Inc. v. Pickett)(Brief Article)
July 4, 2005... Byline: Lawyers Weekly USA Staff Even if a law firm's contract with a placement agency required the agency to provide only "licensed" attorneys as candidates for an open position, the law firm waived its right to enforce that contract term...

Law firm with disclaimer can't be sued under Fair Debt Act, 2nd Circuit rules.(Greco v. Trauner, Cohen & Thomas, LLP)
July 4, 2005... Byline: Lawyers Weekly USA Staff The disclaimer in a law firm's debt collection letter was sufficient to immunize it from liability under the Fair Debt Collection Practices Act, the 2nd Circuit has ruled in affirming a dismissal. The...

Debtor barred from pursuing Title VII claim by 5th Circuit.(Jethroe v. Omnova Solutions Inc.)(Brief Article)
July 4, 2005... Byline: Lawyers Weekly USA Staff A debtor who failed to list her employment discrimination claim as an asset in her bankruptcy case is barred from pursuing it, the 5th Circuit has ruled. Believing that she had been discriminated...

3rd Circuit says debtor can't sue over assessment of post- petition attorney fees.(Joubert v. ABN Amro Mortgage Group Inc.)(Brief Article)
July 4, 2005... Byline: Lawyers Weekly USA Staff A debtor can't sue a mortgagee for assessing post-petition attorney fees without notice to mortgagors, the 3rd Circuit has ruled. After receiving her bankruptcy discharge, the debtor filed a class...

U.S. Supreme Court to decide if the arbitration clause of a challenged contract be enforced?(Buckeye Check Cashing, Inc. v. Cardegna)
July 4, 2005... Byline: Lawyers Weekly USA Staff When the validity of an entire contract is challenged, can its arbitration clause still be enforced? The U.S. Supreme Court has agreed to answer this question. The court will review a decision from...

Supreme Court says co-plaintiffs needn't satisfy amount-in- controversy to stay in federal court.(Exxon Mobil Corp. v. Allapattah Services Inc.)
July 4, 2005... Byline: Lawyers Weekly USA Staff A U.S. District Court can exercise supplemental jurisdiction in a diversity class action over unnamed plaintiffs whose claims do not meet the minimum amount-in-controversy requirement, as long as at least...

Website not enough for personal jurisdiction over out-of-state defendant, OK Court of Appeals rules.(Lively v. IJAM Inc.)(Brief Article)
July 4, 2005... Byline: Lawyers Weekly USA Staff A website accessible to Oklahoma residents is by itself insufficient to establish in personam jurisdiction over the out-of-state defendant, the Oklahoma Court of Appeals has ruled. The plaintiff filed a...

Finance charges aren't part of amount in controversy for warranty claim, 6th Circuit rules.(Golden v. Gorno Bros. Inc.)(Brief Article)
July 4, 2005... Byline: Lawyers Weekly USA Staff Finance charges should not be considered in determining the amount in controversy required for federal jurisdiction under the Magnuson-Moss Warranty Act, the 6th Circuit has ruled. Suit was brought in...

California sentencing rules don't violate Blakely, CA Supreme Court says.
July 4, 2005... Byline: Lawyers Weekly USA Staff A judge who imposed upper-limit and consecutive sentences in the absence of specific factual findings by the jury didn't violate a defendant's Sixth Amendment rights, the California Supreme Court has ruled...

Dog sniff violates state constitution, MN Supreme Court rules.(State v. Carter)
July 4, 2005... Byline: Lawyers Weekly USA Staff The dog sniff of a storage container violates the state constitution, the Minnesota Supreme Court has ruled. After an officer observed suspicious activity at a self-storage facility, he arranged to have...

Washington Supreme Court says 'Blakely' rule doesn't apply retroactively.(Blakely v. Washington)(Brief Article)
July 4, 2005... Byline: Lawyers Weekly USA Staff A 2004 U.S. Supreme Court decision - holding that a jury rather than a judge must decide factors increasing a defendant's sentence - does not apply retroactively to convictions that are already final, the...

Employee that doesn't prove age difference can't get damages under ADEA, 2nd Circuit holds.(Age Discrimination in Employment Act, Woodman v. WWOR-TV Inc.)
July 4, 2005... Byline: Lawyers Weekly USA Staff A plaintiff couldn't recover damages for age discrimination without showing that her former employer was aware of the age difference between herself and the younger worker who replaced her, the 2nd Circuit...

Michigan Supreme Court says employee can sue supervisor for sexual harassment.(Elezovic v. Ford Motor Co.)(Brief Article)
July 4, 2005... Byline: Lawyers Weekly USA Staff An employee can sue her supervisor for sexual harassment under a state civil rights statute, the Michigan Supreme Court has ruled. The plaintiff worked at a Ford Motor Co. assembly plant. She claimed...

New employer may be responsible for preexisting injury, Nevada Supreme Court holds.(Grover C. Dils Medical Center v. Menditto)
July 4, 2005... Byline: Lawyers Weekly USA Staff A new employer may be responsible for an employee's preexisting injury only where the employee can identify a subsequent, specific work-related incident that caused her final disabling condition, the Nevada...

Employee's request to work at home is reasonable accommodation, Mass. Appeals Court holds.
July 4, 2005... Byline: Lawyers Weekly USA Staff A disabled employee is entitled to work at home as a reasonable accommodation for her disability, the Massachusetts Appeals Court has ruled. The plaintiff, a "second-level manager," was diagnosed with...

Retaliation claim under False Claims Act is time-barred.
July 4, 2005... Byline: Lawyers Weekly USA Staff A county worker allegedly constructively discharged for reporting misconduct by her co-workers can't sue for retaliation under the federal False Claims Act because her claim is governed by an analogous...

N.C. Court of Appeals says claims over benefit plan not preempted by ERISA.(Employee Retirement Income Security Act)
July 4, 2005... Byline: Lawyers Weekly USA Staff State law claims against a financial advisor alleging breach of contract and negligence for overstating the value of a new employee benefit plan are not preempted by ERISA, the North Carolina Court of...

State law barring same-sex marriage is constitutional, NJ Appellate Division rules.(Lewis v. Harris)
July 4, 2005... Byline: Lawyers Weekly USA Staff A New Jersey law that limits marriage to opposite sex couples doesn't violate the state constitution, the New Jersey Appellate Division has ruled in affirming a summary judgment. State government...

NJ Appellate Division rules custodial parent can control children's religious upbringing.(Feldman v. Feldman)(Brief Article)
July 4, 2005... Byline: Lawyers Weekly USA Staff A custodial parent has sole authority to decide the religious upbringing of his children, and therefore the non-custodial parent may not enroll the children in religious training contrary to the custodial...

Illinois Appellate Court says tavern can be sued for attack that occurred outside.(Haupt v. Sharkey)
July 4, 2005... Byline: Lawyers Weekly USA Staff A plaintiff who was attacked outside after he exited a tavern can sue for negligence, the Illinois Appellate Court has ruled in reversing a trial court. The plaintiff and another patron got into a fight...

Bar patron who attempted rescue from fire can sue, Iowa Supreme Court rules.(Clinkscales v. Nelson Securities Inc.)
July 4, 2005... Byline: Lawyers Weekly USA Staff A bar patron who was injured while attempting to protect others from being harmed by a grill fire may sue the bar for negligence, the Iowa Supreme Court has ruled in reversing a dismissal. While the...

Georgia Supreme Court says airline can't be sued for serving alcohol to drunk passenger.(Delta Airlines Inc. v. Townsend)
July 4, 2005... Byline: Lawyers Weekly USA Staff An airline that served alcohol to an intoxicated passenger can't be sued under the state dramshop act, the Georgia Supreme Court has ruled. The passenger was served wine on a Delta Airlines flight from...

Attorney can be sued by will beneficiaries, South Dakota Supreme Court rules.(Friske v. Hogan)
July 4, 2005... Byline: Lawyers Weekly USA Staff An attorney can be held liable for failing to assure that property identified in a client's will passed to his intended beneficiaries, the South Dakota Supreme Court has ruled. The client and his wife...

Colorado Supreme Court finds estate taxes must be apportioned against 'QTIP' trust.(Qualified Terminable Interest Property )(Brief Article)
July 4, 2005... Byline: Lawyers Weekly USA Staff Federal and state estate taxes must be apportioned against a decedent's QTIP trust, because language in the testamentary documents was insufficient to waive such apportionment, the Colorado Supreme Court...

Florida Supreme Court says emotional distress claim not barred by comp.(Aguilera v. Inservices Inc.)
July 4, 2005... Byline: Lawyers Weekly USA Staff An employee's claim of intentional infliction of emotional distress is not barred by the state workers' compensation statute, the Florida Supreme Court has ruled. The plaintiff was a warehouse worker...

U.S. Supreme Court Decisions: July 4, 2005.(cases)
July 4, 2005... Byline: Lawyers Weekly USA Staff EMINENT DOMAIN Local governments may seize private property for public use even where the sole purpose is economic development. Kelo v. City of New London (Lawyers Weekly USA No. 9931042) U.S....

U.S. Supreme Court Certiorari Granted: July 4, 2005.
July 4, 2005... Byline: Lawyers Weekly USA Staff ARBITRATION When the validity of an entire contract is challenged, can its arbitration clause still be enforced? U.S. Supreme Court. Buckeye Check Cashing, Inc. v. Cardegna, No. 04-1264. Certiorari...

The benefits of employee performance appraisals.
July 4, 2005... Byline: Nora Lockwood Tooher Frank J. Carmel hates doing employee performance appraisals. "It's a pain in the neck," he says. But so far this year, Carmel has sat down with two attorneys and three paralegals to review their job...

Is too much TV bad for jurors?(lawyers get influenced by TV crime programs)
July 4, 2005... Byline: Correy E. Stephenson The latest incarnation of television crime dramas, in which viewers are treated to a weekly tutorial on how technology and forensics can be used to catch even the cagiest criminals, is having an effect on real...

A novel approach: Reverse bifurcation in fen-phen trials.
July 4, 2005... Byline: Correy E. Stephenson After a year of trials and few victories, the Pennsylvania plaintiffs who opted out of the multi-billion fen-phen settlement may wish they could opt back in. Only one case has made it through trial to a...

Jury rules in favor of nursing home in Nevada patient sexual assault case.(Green v. Barton Memorial Hospital)
July 4, 2005... Byline: Nora Lockwood Tooher On the surface, it seemed like a clear-cut case of nursing home neglect. On May 28, 2000, Mirl D. King, an 86-year-old convicted sex offender residing in a nursing home was found in a room with an elderly...

Client sues public defender in California and wins $6.5 Million.(Ovando v. Toister)
July 4, 2005... Byline: Natalie White A California man turned the tables on his public defender last month, and won a legal malpractice suit with a $6.5 million verdict. The jury decided that in addition to being the victim of police corruption in the...

School's failure to address gay harassment yields $300,000 verdict.(Ramelli v. Poway Unified School District)
July 4, 2005... Byline: Natalie White A California Superior Court jury recently awarded two former Poway High School students $300,000 because officials failed to address gay harassment in the school. Jurors deliberated for a week before determining...

Verdicts & Settlements: July 4, 2005: School to pay $760K for student's death.
July 4, 2005... Byline: Lawyers Weekly USA Staff A New Orleans school system has been ordered to pay $760,000 to a 327-pound sophomore who collapsed in seizures during a basketball game and died on the way to the hospital. Juanita James filed the...

Verdicts & Settlements: July 4, 2005: Post office settles lawsuit over meningitis sample in clothing.
July 4, 2005... Byline: Lawyers Weekly USA Staff The U.S. Postal Service has settled a lawsuit with a family who claimed the agency mishandled a laboratory shipment of meningitis that ended up in their daughter's clothing. The mixup apparently...

Verdicts & Settlements: July 4, 2005: Doctor settles suit overdose on aspirin.
July 4, 2005... Byline: Lawyers Weekly USA Staff A New Hampshire jury ordered a doctor to pay $2.6 million on June 22, to the parents of a teenager who died after swallowing 300 aspirin. Alexander Mitchell, 16, died in 2001 from the fatal overdose,...

Verdicts & Settlements: July 4, 2005: $4.5M awarded over explosion.
July 4, 2005... Byline: Lawyers Weekly USA Staff A company responsible for causing an explosion that left a man brain-damaged was ordered to pay $5.4 million by a Louisiana jury on June 21. The accident happened at the Air Liquide Process and...

Verdicts & Settlements: July 4, 2005: $1.25M settlement in med mal suit.
July 4, 2005... Byline: Lawyers Weekly USA Staff New York City agreed on June 17 to pay $1.25 million to settle a lawsuit brought by the family of a student who died after being stabbed during a race riot 14 years ago. The family of Yankel Rosenbaum,...

Verdicts & Settlements: July 4, 2005: Girl sexually abused at day care center gets $1M settlement.
July 4, 2005... Byline: Lawyers Weekly USA Staff The owners of a now-closed day care center have agreed to pay $1 million to a 6-year-old girl who was allegedly sexually assaulted by a teenage employee. Woodstock Christian Life Services, which owned...

Nation braces for battle over U. S. Supreme Court nomination.
July 18, 2005... Byline: Nora Lockwood Tooher The battle lines were drawn long before U.S. Supreme Court Justice Sandra Day O'Connor announced her retirement on July 1. Staunch conservatives and liberals had been bracing for a fight over possible...

ABA advocates jury trial innovations.(American Bar Association)
July 18, 2005... Byline: Nora Lockwood Tooher In an endeavor that could affect millions of Americans called for jury duty each year, the American Bar Association has produced a progressive set of jury principles, aimed at increasing jury participation and...

Commentary: Did bad writing doom the EU Constitution?
July 18, 2005... Byline: Judge Mark P. Painter Both the French and the Dutch have voted down the European Union Constitution. Perhaps they actually tried to read it. Here's a typical paragraph: Under the principle of subsidiarity, in areas which do not...

New ATLA president hopes to boost trial lawyers' image.(Association of Trial Lawyers of America, Kenneth M. Suggs)
July 18, 2005... Byline: Nora Lockwood Tooher Kenneth M. Suggs knows trial lawyers have an image problem. A wave of public relations campaigns funded by insurance companies and pro-business groups have made many jurors believe that lawyers routinely...

6th Circuit Court rules student loan 'discharge by declaration' void.(Brief Article)
July 18, 2005... Byline: Lawyers Weekly USA Staff A "discharge by declaration" of a student loan is void and subject to being set aside, the 6th Circuit has ruled. As part of her Chapter 13 bankruptcy filing, the debtor listed $17,000 in student loans...

10th Circuit Court rules student loans can't be partially discharged absent 'undue hardship'.(Alderete v. ECMC)
July 18, 2005... Byline: Lawyers Weekly USA Staff A bankruptcy judge didn't have the discretion to grant a partial discharge of a debtor's student loans in the absence of a finding of undue hardship, the 10th Circuit has ruled. A husband and wife filed...

North Dakota Supreme Court rules out-of-state surgical material supplier can be sued.(Brief Article)
July 18, 2005... Byline: Lawyers Weekly USA Staff North Dakota courts could exercise personal jurisdiction over a Texas company that furnished an allegedly infected cadaver tendon that was surgically implanted into a North Dakota plaintiff, the state's...

New Jersey appellate court rules that 'single publication' rule applies to Internet reports.
July 18, 2005... Byline: Lawyers Weekly USA Staff The "single publication" rule for libel claims applies to statements published on the Internet, the New Jersey Appellate Division has ruled. The plaintiffs worked for the New Jersey Society for the...

Plaintiff can't sue Wal-Mart for intentional spoliation.(Brief Article)
July 18, 2005... Byline: Lawyers Weekly USA Staff A plaintiff who was injured by a Wal-Mart shopping cart that the company failed to produce during discovery can't sue for intentional spoliation of evidence, the Florida Supreme Court has ruled in affirming...

Massachusetts Appeals Court rules cruise ticket's forum selection clause is invalid.(Casavant v. Norwegian Cruise Line Ltd.)(Brief Article)
July 18, 2005... Byline: Lawyers Weekly USA Staff A forum selection clause on a cruise line ticket can't be enforced against passengers, the Massachusetts Appeals Court has ruled. The case was initiated by plaintiffs who were booked on a cruise...

9th Circuit Court rules shooting victim may hold officer liable for promises of protection.
July 18, 2005... Byline: Lawyers Weekly USA Staff A police officer may be held liable for failing to protect a woman from a violent neighbor, the 9th Circuit has ruled. The suit was brought by a woman who reported to the police that her daughter had...

Two states' supreme courts rule enhanced sentences violate Sixth Amendment.(State v. Schofield, State v. Allen)
July 18, 2005... Byline: Lawyers Weekly USA Staff A defendant's upper-tier sentence based on a judge's finding of "heinousness" violates the Sixth Amendment, the Maine Supreme Court has ruled. North Carolina's aggravated sentencing statute also...

Colorado Supreme Court rules juror questioning of witnesses doesn't violate state constitution.(Medina v. People)
July 18, 2005... Byline: Lawyers Weekly USA Staff Jurors in criminal trials may submit questions to witnesses without violating a defendant's constitutional right to an impartial jury, the Colorado Supreme Court has ruled in two consolidated cases. The...

U.S. Court of Appeals 1st Circuit rules protective sweep of apartment was constitutional.(U.S. v. Martins)
July 18, 2005... Byline: Lawyers Weekly USA Staff Police did not violate the Fourth Amendment by entering and conducting an "emergency aid" sweep of a marijuana smoke-filled apartment where two young children were present, the 1st Circuit has ruled. ...

Hawaii Supreme Court rules no constitutional violation in state 'extended-sentencing' scheme.(State v. Maugaotega)(Brief Article)
July 18, 2005... Byline: Lawyers Weekly USA Staff Extended sentencing based on a judicial finding of a need to "protect the public" doesn't violate the Sixth Amendment, the Hawaii Supreme Court has ruled. The defendant was convicted of 22 offenses in...

TN Supreme Court rules non-compete can't be enforced against doctor.(Tennessee)(Brief Article)
July 18, 2005... Byline: Lawyers Weekly USA Staff Except where authorized by statute, physicians' covenants not to compete are unenforceable, the Tennessee Supreme Court has ruled. A private medical clinic brought suit against an internal medicine...

D.C. Circuit Court rules that arbitration clause enforceable despite ban on punitives.(Brief Article)
July 18, 2005... Byline: Lawyers Weekly USA Staff An employee must arbitrate his dispute with his employer despite the fact that the arbitration clause in his employment agreement contains an unenforceable ban on punitive damages, the D.C. Circuit has...

West Virginia Supreme Court says same-sex partner may seek custody.
July 18, 2005... Byline: Lawyers Weekly USA Staff A same-sex partner may qualify as a "psychological parent" with standing to seek custody upon the death of the child's natural parent, the West Virginia Supreme Court has ruled. A same-sex couple had a...

Nebraska Supreme Court rules wife could waive interest in husband's pension at divorce.(Brief Article)
July 18, 2005... Byline: Lawyers Weekly USA Staff A divorce decree can waive a wife's beneficiary interest in her husband's death benefit from an ERISA-governed pension plan, the Nebraska Supreme Court has ruled. A man joined an employee benefit plan...

Florida Supreme Court rules prenuptial agreement may require party to pay future attorney fees.(Brief Article)
July 18, 2005... Byline: Lawyers Weekly USA Staff A prenuptial agreement may contract away a future obligation to pay attorney fees and costs during the marriage by providing that a prevailing party may obtain attorney fees in actions seeking to enforce...

N.J. Supreme Court rules that court can order pre-divorce property sale.(New Jersey)(Brief Article)
July 18, 2005... Byline: Lawyers Weekly USA Staff A trial court may issue an order requiring the sale of marital real property prior to the entry of a final divorce judgment under a "best interests of the parties" standard, the New Jersey Supreme Court has...

TN Supreme Court rules lot owner can be sued for sidewalk accident.(Hale v. Ostrow)
July 18, 2005... Byline: Lawyers Weekly USA Staff Property owners can be held liable for an accident on an adjoining sidewalk as a result of a hazard on the owners' property, the Tennessee Supreme Court has ruled. The plaintiff was walking along a...

U.S. Court of Appeals 2nd Circuit rules disclaimer shields firm from Fair Debt suit.(Greco v. Trauner, Cohen & Thomas, LLP)
July 18, 2005... Byline: Correy E. Stephenson A recent 2nd Circuit decision holding that a disclaimer in a law firm's debt collection letter was sufficient to immunize it from liability under the Fair Debt Collection Practices Act could cause more lawyers...

Rhode Island Supreme Court rules pregnant woman can't sue for emotional distress.(Brief Article)
July 18, 2005... Byline: Lawyers Weekly USA Staff A pregnant woman injured in an automobile accident could not recover emotional distress damages for a potential injury to her unborn child, the Rhode Island Supreme Court has ruled. The plaintiff was...

MN Court of Appeals rules no setoff for discounted medical bills in two cases.(Foust v. McFarland, Tezak v. Bachke )
July 18, 2005... Byline: Lawyers Weekly USA Staff Foust v. McFarland (Lawyers Weekly USA No. 9931112) Minnesota Court of Appeals No. A04-760. June 14, 2005. Tezak v. Bachke (Lawyers Weekly USA No. 9931113) Minnesota Court of Appeals No. A04-2134. June...

S.D. Supreme Court rules ski lift employee can get comp for skiing accident.(South Dakota)
July 18, 2005... Byline: Lawyers Weekly USA Staff A ski lift operator injured while skiing during a work break is entitled to workers' compensation benefits, the South Dakota Supreme Court has ruled. The plaintiff was employed as a ski lift operator....

Conn. Supreme Court rules injured home health care worker can get comp.(Connecticut)(Brief Article)
July 18, 2005... Byline: Lawyers Weekly USA Staff A home health care worker who was struck by a car while traveling to the home of her first client of the day is entitled to workers' compensation benefits, the Connecticut Supreme Court has ruled. The...

All the world's a stage -- even in court.(usage of actors in courtrooms for testimony)
July 18, 2005... Byline: Nora Lockwood Tooher For his role as an unsavory accountant, actor Greg Durkin donned a tan sports coat and brown golf shirt. "He was a little on the sleazy side," Durkin explained of the costuming decision for his character....

Positive psychology and the law.
July 18, 2005... Byline: Bill Ibelle Of all of the professions and all the athletic pursuits studied by internationally acclaimed psychologist Martin Seligman, law is the only one where pessimists outperform optimists. It's a startling finding, says...

Pathway to success for women lawyers.
July 18, 2005... Byline: Jaclyn Jaeger There was a time when women did not have the right to practice law. That right was denied in 1873, when the U.S. Supreme Court found that Myra Bradwell was justly refused admission to the Illinois state bar...

Florida jury awards $24 million in birth injury case.
July 18, 2005... Byline: Natalie White It took a Florida family seven years and a Florida jury seven hours to come to a $24 million verdict against an obstetrician for a botched birth that left Raven Shoaf severely disabled. Florida jurors in Seminole...

$65 million for electrocuted Florida sixth-grader.(Cabrera v. Eller Media Co.)
July 18, 2005... Byline: Natalie White Three years after being acquitted of manslaughter, a Florida outdoor advertising company was hit with a $65 million verdict for the electrocution of a 12-year-old boy. During a rainstorm on Oct. 12, 1998, the...

Weight discrimination yields $284,000 verdict from Michigan jury.(Pasanski v. Continental Rental Inc.)
July 18, 2005... Byline: Natalie White A Michigan jury recently ordered Continental Rental Inc. to pay a 360-pound rental store manager $284,000 in a weight discrimination case. Steve Pasanski filed a discrimination suit after he was fired for the...

Verdicts & Settlements July 18, 2005: Suit over condo construction results in $550K award.
July 18, 2005... Byline: Lawyers Weekly USA Staff A Colorado jury awarded $550,000 on June 24 to three condo owners who claimed that, because of shoddy construction, they could hear their neighbors snoring, watching TV and going to the bathroom. "This...

Verdicts & Settlements July 18, 2005: $10M for Coleman heater deaths.
July 18, 2005... Byline: Lawyers Weekly USA Staff A Florida jury awarded $10 million on June 24 to the family of an electrician and his stepson, who died more than five years ago when a Coleman heater filled their camping tent with carbon monoxide. ...