Lawyers Weekly USA articles from June 2005

Lawyers Weekly USA archives from June 2005

Food regulation and litigation are expanding.(obesity, health concerns: new drivers)
June 6, 2005... Byline: Reni Gertner The food industry is under siege. Whether blaming fast food restaurants and junk food manufacturers for the nation's obesity epidemic, or voicing a growing concern about the vulnerability of the food supply to...

Texas jury hits chemo clinic for $606 million.(Featherston v. Gressler)
June 6, 2005... Byline: Natalie White In what is expected to be one of the last massive medical malpractice verdicts in Texas, a state jury awarded $606 million - including $600 million in punitive damages - to the family of an 82-year-old cancer patient...

Commentary: Every divorce client needs estate planning.
June 6, 2005... Byline: Jeffrey A. Baskies There's a seemingly untapped or at least underserved market - all divorcing clients need estate planning. I have written articles on this subject before, but it still baffles me that I am not overwhelmingly busy...

Commentary: Another victory for good writing: Citations belong in footnotes.
June 6, 2005... Byline: Judge Mark P. Painter Joining Alaska, Delaware, Georgia, Kentucky, Nevada, Michigan, Texas, and Wisconsin, the Indiana Supreme Court has converted to the system of putting all citations in footnotes. These states are the ones where...

Solo practitioner has team approach to divorce litigation.
June 6, 2005... Byline: Bill Ibelle Divorce litigation runs smoother, settles quicker, achieves better results and leaves everyone more satisfied when it is handled by a team of professionals, quarterbacked by the lawyer. That's the philosophy that...

The challenge of the adolescent witness.
June 6, 2005... Byline: Jaclyn Jaeger All the media attention surrounding the Michael Jackson trial has highlighted several issues legal professionals must face when putting adolescents on the witness stand, experts tell Lawyers Weekly USA. "Attorneys...

Illinois jury finds Ford liable for fatal car fire.(Jablonski v. Ford Motor Co.)
June 6, 2005... Byline: Natalie White An Illinois jury recently ordered Ford Motor Co. to pay $43.17 million to the family of a man who was killed when the gas tank in his Lincoln Town Car burst into flames - even though the fire was caused by a driver...

La. jury finds Blue Cross liable for denied treatment.(Hymel v. HMO of Louisiana Inc. d/b/a Blue Cross/Blue Shield of Louisiana)
June 6, 2005... Byline: Natalie White A Louisiana jury recently ordered a health care insurer to pay a 33-year-old woman more than $2 million for denying diagnostic tests that would have detected a spinal tumor before it crippled her. It was the first...

Tobacco companies win another secondhand smoke case.(Swaty v. Philip Morris Tobacco Co.)
June 6, 2005... Byline: Natalie White In yet another victory for the tobacco companies in secondhand smoke cases, a Miami jury ruled that cigarette manufacturers are not responsible for the chronic sinusitis suffered by a former flight attendant. The...

Verdicts & Settlements: June 6, 2005: State to pay $35M in child abuse suit.
June 6, 2005... Byline: Lawyers Weekly USA Staff A Florida jury delivered a $35 million verdict to a 6-year-old girl on May 12, saying the state failed to protect her from brutal abuse that has left her severely brain-damaged. Marissa's Amora is...

Verdicts & Settlements: June 6, 2005: $1.6M awarded in crematorium case.
June 6, 2005... Byline: Lawyers Weekly USA Staff A San Diego Superior Court jury on May 12 ordered a crematorium to pay $1.6 million to the family of a woman whose body parts were cut and sold for profit. After a six-day trial, a San Diego Superior...

Verdicts & Settlements: June 6, 2005: Radio DJ sickened by perfume gets $10.6M.
June 6, 2005... Byline: Lawyers Weekly USA Staff A U.S. District Court in Detroit, Mich. on May 23 awarded $10.6 million to a one-time radio host who was fired after complaining a co-worker's perfume made her sick. Erin Weber, 43, said WYCD-FM fired...

Verdicts & Settlements: June 6, 2005: $16.4M in med-mal suit.
June 6, 2005... Byline: Lawyers Weekly USA Staff A Nashville, Tenn. jury on May 18 awarded $16.4 million to the family of a boy whose bladder was severely damaged in a surgery at Vanderbilt University Medical Center. Joseph Palanki and his mother,...

Verdicts & Settlements: June 6, 2005: $10M awarded to boy who overdosed on methadone.
June 6, 2005... Byline: Lawyers Weekly USA Staff A Florida jury on May 13 awarded $10 million to the family of 10-year-old boy who died from a methadone overdose, finding that the negligence of an Orlando doctor, pharmacy and group home caused his death....

Verdicts & Settlements: June 6, 2005: Arsenic contamination class action settles for $2M.
June 6, 2005... Byline: Lawyers Weekly USA Staff Pilkington North America Inc. has agreed to pay $2 million to Naplate, Ill., residents whose homes were contaminated by arsenic from the glassmaker's plant. U.S. District Judge James B. Zagel granted...

Verdicts & Settlements: June 6, 2005: $2.8M awarded in train crash.
June 6, 2005... Byline: Lawyers Weekly USA Staff A California jury awarded $2.8 million on May 20 to the parents of a man killed when the commuter train he was riding on collided with a freight train two years ago. The jury deliberated for nearly four...

Verdicts & Settlements: June 6, 2005: $2.25M settlement over boy killed by goal post.
June 6, 2005... Byline: Lawyers Weekly USA Staff The family of a 6-year-old boy who died after a soccer goal post fell on him two years ago settled their lawsuit on May 19 for $2.25 million. Zachary Tran died in 2003 from a skull fracture when the...

Lawyers discuss their experiences in the jury box.
June 6, 2005... Byline: Correy E. Stephenson Jury duty: for a lot of Americans these are two pretty scary words. But for an increasing number of lawyers called to jury duty - and actually selected for service - the experience was a helpful lesson in...

Verdicts & Settlements: June 6, 2005: Vacuum maker to pay $3.25M in wrongful death settlement.
June 6, 2005... Byline: Lawyers Weekly USA Staff The family of a man who blamed his cancer on years of working at a central Illinois vacuum maker reached a $3.25 million wrongful-death settlement on May 10. John Maxwell died in 2001 after suffering...

Verdicts & Settlements: June 6, 2005: City settles retaliation suit for $1.4M.
June 6, 2005... Byline: Lawyers Weekly USA Staff A New York federal jury on May 20 ordered the city of Albany to pay $1.4 million to a police officer who claimed he was retaliated against after he spoke out against sex discrimination and police misconduct....

Verdicts & Settlements: June 6, 2005: $2.15M settlement for prison death.
June 6, 2005... Byline: Lawyers Weekly USA Staff The family of an inmate who died from an untreated asthma attack has settled its lawsuit against the state Department of Corrections and a health care provider for $2.15 million. According to the Times...

Mass. Supreme Judicial Court finds provisions in partnership agreement unenforceable.(Eisenstein v. David G. Conlin, P.C.)
June 6, 2005... Byline: Lawyers Weekly USA Staff A partnership agreement requiring a firm's former partners to share fees earned from the firm's current and former clients after the partners' departure to a new firm is contrary to public policy and...

3rd Circuit finds debtor's fired employees can get retirement benefits.(re General DataComm Industries, Inc.)(Brief Article)
June 6, 2005... Byline: Lawyers Weekly USA Staff Senior executives who were forced to retire from a Chapter 11 corporation are entitled to the same benefits as other retirees, the 3rd Circuit has ruled. The executives were informed shortly after the...

CA Court of Appeals, IL Appellate Court disagree on enforceability of ban on class arbitration.(Brief Article)
June 6, 2005... Byline: Lawyers Weekly USA Staff A cellular telephone service agreement's ban on class-wide arbitration may be enforced, the California Court of Appeal has ruled. However, the Illinois Appellate Court concluded that such a ban was...

9th Circuit says failure to disclose car rebate didn't violate Truth in Lending Act.(Virachack v. University Ford)(Brief Article)
June 6, 2005... Byline: Lawyers Weekly USA Staff A car dealer didn't violate the Truth in Lending Act when he failed to disclose a cash rebate available to certain customers, the 9th Circuit has ruled. The plaintiffs bought a Ford Explorer on credit,...

Massachusetts Court of Appeals says co-author of memoir can sue publisher.(Lee v. Mt. Ivy Press)
June 6, 2005... Byline: Lawyers Weekly USA Staff The co-author of a Holocaust survivor's memoirs can sue the publisher under state law for breach of contract, fraud and unjust enrichment - these claims are not preempted by federal copyright law, the...

Plaintiff can sue for intentional spoliation of evidence, Indiana Court of Appeals rules.(Glotzbach v. Froman)
June 6, 2005... Byline: Lawyers Weekly USA Staff The estate of an employee killed in an explosion could sue the decedent's employer for intentional spoliation of evidence for discarding the allegedly defective pump that caused the fatal accident, the...

Wisconsin Court of Appeals says liability waiver doesn't bar suit against ski resort.(Cass v. American Home Assurance Co.)(Brief Article)
June 6, 2005... Byline: Lawyers Weekly USA Staff A liability waiver doesn't bar the claim of a snowboarder struck by a ski resort employee on a snowmobile, the Wisconsin Court of Appeals has ruled in reversing a summary judgment. The plaintiff was...

Kentucky Supreme Court says students can't recover for search.(Lamb v. Holmes)
June 6, 2005... Byline: Lawyers Weekly USA Staff Students required to lift their shirts and drop their shorts in gym class during a search for a stolen item can't recover damages on a Sect. 1983 civil rights claim, the Kentucky Supreme Court has ruled. ...

U.S. Supreme Court says shackling defendant violates constitution.(Deck v. Missouri)
June 6, 2005... Byline: Lawyers Weekly USA Staff Shackling a capital defendant in view of the jury during the penalty phase of his trial violates the Constitution, unless it can be justified by an "essential state interest" specific to the defendant, the...

'Booker' holding not retroactive, 3rd Circuit rules.(Lloyd v. U.S.)(Brief Article)
June 6, 2005... Byline: Lawyers Weekly USA Staff The U.S. Supreme Court's recent ruling that mandatory application of the federal sentencing guidelines is unconstitutional doesn't apply retroactively, the 3rd Circuit has ruled. A federal jury...

9th Circuit finds warrantless entry justified by emergency.(U.S. v. Martinez )(Brief Article)
June 6, 2005... Byline: Lawyers Weekly USA Staff A domestic disturbance constituted a sufficient emergency to justify a warrantless entry into a home, the 9th Circuit has ruled. The case arose out of a disconnected 911 call indicating that there was...

N.J. Appellate Division finds subpoena of homeowner's electric bills violated constitution.(State v. Domicz)
June 6, 2005... Byline: Lawyers Weekly USA Staff Police violated the Fourth Amendment when they engaged in a warrantless examination of a suspected marijuana grower's utility records in order to determine whether he used an abnormal amount of electricity,...

Seizure of box from defendant's pocket didn't violate constitution, IL Supreme Court finds.(People v. Jones)
June 6, 2005... Byline: Lawyers Weekly USA Staff A small box observed in a motorist's shirt pocket during a traffic stop could be seized under the plain view doctrine, the Illinois Supreme Court has ruled. One evening, a state trooper noticed a car...

1st Circuit finds e-mail notification of arbitration clause insufficient.(Campbell v. General Dynamics Government Systems Corp.)
June 6, 2005... Byline: Lawyers Weekly USA Staff E-mail notice of a mandatory arbitration clause in a company's employment policy was insufficient, and the policy is therefore unenforceable, the 1st Circuit has ruled. After three years working for his...

10th Circuit finds plan accountant may be sued as ERISA fiduciary.(Coldesina v. Estate of Simper, Employee Retirement Income Security Act )
June 6, 2005... Byline: Lawyers Weekly USA Staff An accountant hired to administer an employee benefits plan could be sued under ERISA as a fiduciary when plan assets were stolen, the 10th Circuit has ruled in reversing a dismissal. The plaintiff...

QDRO inadequate to give ex-wife share of pension benefit, Federal Circuit rules.(Qualified Domestic Relations Order)(Warren v. Office of Personnel Management )
June 6, 2005... Byline: Lawyers Weekly USA Staff Language in a domestic relations order that granted an ex-wife one-half of her husband's federal pension benefits was insufficient to guarantee her receipt of a survivor annuity that the husband had...

N.J. Supreme Court says different valuation methods can be used for alimony and property division.(Steneken v. Steneken)
June 6, 2005... Byline: Lawyers Weekly USA Staff A court may use different methods for determining a spouse's income for alimony purposes and a corporation's value for equitable distribution, the New Jersey Supreme Court has ruled. When the parties...

Wife can sue for share of husband's retirement, OK Court of Appeals says.(Pardee v. Personal Representative for the Estate of Pardee)(Brief Article)
June 6, 2005... Byline: Lawyers Weekly USA Staff A wife can sue for her post-distribution share of her husband's lump sum retirement - her claim isn't preempted by ERISA, the Oklahoma Court of Appeals has ruled in reversing a summary judgment. The...

Mississippi Supreme Court finds plaintiffs can sue church for sex abuse.
June 6, 2005... Byline: Lawyers Weekly USA Staff A family can sue a Roman Catholic Diocese for alleged sexual abuse by a former priest, the Mississippi Supreme Court has ruled. The plaintiffs were active parishioners at their church. One of the parish...

Worker can sue tool makers for exposure to dust, CA Court of Appeals rules.(Tellez-Cordova v. Campbell-Hausfeld/Scott Fetzger Co.)
June 6, 2005... Byline: Lawyers Weekly USA Staff The manufacturers of tools used in a lamp factory could be sued for failing to warn of dangers posed by metal dust released by abrasive discs or wheels used with the tools, the California Court of Appeal has...

Indiana Court of Appeals finds parents can sue for emotional distress caused by miscarriage.(Ryan v. Brown)
June 6, 2005... Byline: Lawyers Weekly USA Staff Both a mother and father could sue for negligent infliction of emotional distress following a miscarriage, the Indiana Court of Appeals has ruled. The mother was pregnant for the first time. Her blood...

Motorist can sue for emotional distress even though he didn't witness victims' deaths.(Helsel v. Hoosier Insurance Co.)(Brief Article)
June 6, 2005... Byline: Lawyers Weekly USA Staff A driver involved in a fatal two-car accident may seek damages for negligent infliction of emotional distress even though he did not have a prior relationship with the victims and did not witness their...

Rhode Island Supreme Court rules host can be sued for attack on guest.(Martin v. Marciano)
June 6, 2005... Byline: Lawyers Weekly USA Staff A homeowner who hosted a high school graduation party where underage drinking occurred could be liable for a criminal attack on a guest, the Rhode Island Supreme Court has ruled. The plaintiff was a...

Iowa Supreme Court says insurer needn't cover child abuse claims.(American Family Mutual Insurance Co. v. Corrigan)(Brief Article)
June 6, 2005... Byline: Lawyers Weekly USA Staff A criminal acts exclusion clause in a homeowners' policy precluded coverage of child abuse at a daycare center, the Iowa Supreme Court has ruled in reversing a trial court. The defendant operated a...

1st Circuit rules woman can't recover for promise of lifetime support.(Norton v. McOsker)
June 6, 2005... Byline: Lawyers Weekly USA Staff A woman who engaged in a 23-year affair with a married man can't recover for his broken promise of lifetime support, the 1st Circuit has ruled in applying Rhode Island law. The plaintiff enjoyed an...

No duty to warn of danger from BB gun, Alabama Supreme Court rules.(Abney v. Crosman Corp.)
June 6, 2005... Byline: Lawyers Weekly USA Staff The estate of a child killed by a BB gun cannot recover damages from the manufacturer because the manufacturer had no duty to warn of the open and obvious danger presented by such a gun, the Alabama Supreme...

Arizona Court of Appeals rules trucker with unexplained head injury can get comp.(Hypl v. Industrial Commission of Arizona)
June 6, 2005... Byline: Lawyers Weekly USA Staff A truck driver who suffered an unexplained head injury could obtain workers' comp under a presumption that the injury occurred in the course of his employment, the Arizona Court of Appeals has ruled in...

Worker injured during voluntary test can't get comp, Tennessee Supreme Court rules.(Blakenship v. American Ordnance Systems LLS)
June 6, 2005... Byline: Lawyers Weekly USA Staff A laid-off employee who injured her back while taking an employer-sponsored strength test in anticipation of future openings was not entitled to workers' compensation benefits, the Tennessee Supreme Court...

U.S. Supreme Court Certiorari Granted: June 6, 2005.(U.S. Supreme Court. Ayotte v. Planned Parenthood)(Brief Article)
June 6, 2005... Byline: Lawyers Weekly USA Staff ABORTION Is a state statute that requires parental notification prior to the performance of an abortion on a minor and doesn't provide a health exception unconstitutionally overbroad? U.S. Supreme...

U.S. Supreme Court Decisions: June 6, 2005.(cases)(Brief Article)
June 6, 2005... Byline: Lawyers Weekly USA Staff CRIMINAL LAW Shackling a capital defendant in view of the jury during the penalty phase of his trial violates the Constitution, unless it can be justified by an "essential state interest" specific to...

$1.45B fraud verdict against Morgan Stanley is "wake-up call" for corporate America.
June 20, 2005... Byline: Paul D. Boynton If corporate America hasn't heard the alarm bells ring by now, the recent $1.45 billion fraud verdict against Morgan Stanley should surely do the trick. The Wall Street giant was slammed with the whopping...

President of the National Employment Lawyers Association plans for year ahead.(Janet E. Hill)
June 20, 2005... Byline: Reni Gertner With both the U.S. Supreme Court and the EEOC facing possible changes in the year ahead, Janet E. Hill, president of the National Employment Lawyers Association, a plaintiffs' group, says she and her members have their...

Commentary: Backup is boring - but essential!
June 20, 2005... Byline: Bruce L. Dorner Let's be honest, backup is as boring as it gets in the technology world - until you have a crisis. I have no expectation of covering this topic in depth, as you'd likely fall asleep. But I'll try to hit the high...

CO Court of Appeals rules settlement does not preclude legal malpractice claim.(White v. Jungbauer)
June 20, 2005... Byline: Lawyers Weekly USA Staff A malpractice claim against an attorney who negotiated a settlement is not barred by the client's acceptance of the settlement, the Colorado Court of Appeals has ruled. Members of a Colorado law firm...

9th Circuit rules answers to online law firm questionnaire privileged.(Barton v. U.S. District Court for the Central District of California)
June 20, 2005... Byline: Lawyers Weekly USA Staff Notwithstanding a disclaimer, the attorney-client privilege attached to prospective class action plaintiffs' answers to a law firm's online questionnaire, the 9th Circuit has ruled. A law firm posted a...

CT Appellate Court rules law firm cannot be sued for 'vexatious litigation'.(Falls Church Group Ltd. v. Tyler, Cooper and Alcorn, LLP)(Brief Article)
June 20, 2005... Byline: Lawyers Weekly USA Staff A law firm could not be held liable for "vexatious litigation" even though it filed a lawsuit against the plaintiff knowing that the applicable statute of limitations had run, the Connecticut Appellate...

1st Circuit rules tax-exempt status cannot shield company from Credit Repair Act suit.(Zimmerman v. Cambridge Credit Counseling Corp.)
June 20, 2005... Byline: Lawyers Weekly USA Staff An Internal Revenue Service ruling that a debt management company is tax-exempt is not determinative by itself of whether a consumer can sue the company under the federal Credit Repair Organizations Act, the...

U.S. Supreme Court to decide if fraud suit against national bank can be removed to federal court.(Wachovia Bank v. Schmidt U.S. Supreme Court)(Brief Article)
June 20, 2005... Byline: Lawyers Weekly USA Staff Does diversity jurisdiction exist in a fraud suit against a national bank with branch offices in the state where the plaintiff lived and filed his complaint? The U.S. Supreme Court has agreed to answer...

CA Supreme Court rules casino's website is enough for jurisdiction.(Snowney v. Harrah's Entertainment Inc.)(Brief Article)
June 20, 2005... Byline: Lawyers Weekly USA Staff A Nevada casino that operated an interactive website and directed advertising toward California residents is subject to suit there, the California Supreme Court has ruled. The suit was brought as a...

6th Circuit rules insurer cannot compel arbitration of coverage dispute.(Alticor Inc. v. National Union Fire Insurance Co. of Pittsburgh)
June 20, 2005... Byline: Lawyers Weekly USA Staff An insurer couldn't compel arbitration of a dispute over the amount of its deductible where the arbitration clause was in a side agreement with the insured rather than in the policy itself, the 6th Circuit...

U.S. Supreme Court rules handicapped cruise passengers may be able to sue under ADA.
June 20, 2005... Byline: Lawyers Weekly USA Staff Disabled passengers who took cruises on foreign ships embarking from U.S. ports may be able to sue for disability discrimination under the ADA, the U.S. Supreme Court has ruled. The plaintiffs had...

U.S. Supreme Court rules on religious rights of inmates.
June 20, 2005... Byline: Lawyers Weekly USA Staff The Religious Land Use and Institutionalized Persons Act's requirement that prisoners' exercise of their religion be accommodated unless this would compromise prison safety and security does not violate the...

U.S. Supreme Court to decide if businesswoman can sue over seized computers.
June 20, 2005... Byline: Lawyers Weekly USA Staff Can a businesswoman pursue a Bivens action against the U.S. government for violating her Fifth Amendment rights when her office computers were seized and damaged? The U.S. Supreme Court has agreed to...

8th Circuit rules no-knock entry by police justified by exigent circumstances.(Brief Article)
June 20, 2005... Byline: Lawyers Weekly USA Staff Police officers cannot be held liable for entry into a home where exigent circumstances justified a no-knock entry, the 8th Circuit has ruled. The police decided to make the entry after receiving an...

U.S. Supreme Court rules jury strikes violated defendant's rights.
June 20, 2005... Byline: Lawyers Weekly USA Staff A defendant made a sufficient showing that a state court erred in finding he had not demonstrated an improper exercise of peremptory challenges to keep blacks off the jury that convicted him of capital...

9th Circuit rules defendant who pled guilty may be entitled to new sentence.
June 20, 2005... Byline: Lawyers Weekly USA Staff A defendant who pled guilty to conspiring to distribute drugs may be entitled to resentencing where a judge rather than a jury determined the quantity of methamphetamine involved in the offense, the en banc...

U.S. Supreme Court rules peremptory challenges were based on impermissible bias.
June 20, 2005... Byline: Lawyers Weekly USA Staff A party bringing a Batson challenge does not have to prove that it is more likely than not that the other party's unexplained peremptory challenges were based on impermissible bias, the U.S. Supreme Court...

4th Circuit rules appeal waiver in plea agreement bars 'Booker' challenge.(U.S. v. Blick)(Brief Article)
June 20, 2005... Byline: Lawyers Weekly USA Staff A defendant's request for resentencing fails in light of an appeal waiver executed as part of his guilty plea, the 4th Circuit has ruled. The defendant pled guilty to wire fraud and received a 30-month...

CO Supreme Court rules defendant's enhanced sentence did not violate Constitution.(Lopez v. People)
June 20, 2005... Byline: Lawyers Weekly USA Staff A defendant convicted of drug possession did not have his Sixth Amendment rights violated when a judge enhanced his sentence based on facts underlying his previous conviction for vehicular homicide, the...

MA Supreme Judicial Court rules intercepted cellphone call must be suppressed.(Commonwealth v. Damiano)
June 20, 2005... Byline: Lawyers Weekly USA Staff Evidence derived from a private citizen's unlawful interception of a defendant's cellphone conversation must be suppressed, Massachusetts' highest court has ruled. A private citizen intercepted a...

AR Supreme Court rules canine sniff of vehicle after traffic stop violated Constitution.(Lilley v. State)
June 20, 2005... Byline: Lawyers Weekly USA Staff Police lacked reasonable suspicion to detain a suspect and order a canine sniff of his vehicle following a traffic stop, the Arkansas Supreme Court has ruled in reversing a lower court. Police stopped...

9th Circuit rules airport screening did not violate Fourth Amendment.(U.S. v. Marquez)
June 20, 2005... Byline: Lawyers Weekly USA Staff It was not an infringement of an airline passenger's Fourth Amendment rights for him to be subjected to a random security screening with a handheld wand, the 9th Circuit has ruled. The defendant was...

State legislatures across the nation pass consumer notification laws.
June 20, 2005... Byline: Correy E. Stephenson State legislatures across the country have reacted to the recent spate of data breaches with a number of new statutes mandating consumer notification. Previously, California stood alone when it passed its...

CA Court of Appeals rules traffic stop did not violate Fourth Amendment.(Lowry v. Gutierrez)
June 20, 2005... Byline: Lawyers Weekly USA Staff Police who stopped a vehicle based on an anonymous report of erratic driving didn't violate the defendant's Fourth Amendment rights, the California Court of Appeal has ruled in reversing a trial court. ...

10th Circuit rules employee perceived as disabled entitled to reasonable accommodation.(Kelly v. Metallics West Inc.)(Brief Article)
June 20, 2005... Byline: Lawyers Weekly USA Staff An employer is obligated to provide a reasonable accommodation for an employee who is regarded as disabled, the 10th Circuit has ruled in affirming a $50,000 jury verdict. The suit was initiated by an...

Failure to post EEOC notice may toll statute of limitations, 1st Circuit finds.(Mercado v. The Ritz-Carlton San Juan Hotel, Equal Employment Opportunity Commission )(Brief Article)
June 20, 2005... Byline: Lawyers Weekly USA Staff An employer's failure to post a statutorily mandated notice of employees' rights may toll the statute of limitations in an employment discrimination case, the 1st Circuit has ruled. The plaintiffs sued...

CA Court of Appeals rules employee induced to leave job can recover future lost income.(Helmer v. Bingham Toyota Isuzu)
June 20, 2005... Byline: Lawyers Weekly USA Staff An employee who claimed he was fraudulently induced to leave his former employer can recover future lost income, the California Court of Appeal has ruled in upholding a jury award. The employee applied...

9th Circuit rules ERISA plan's late denial of benefits isn't reviewed de novo.(Gatti v. Reliance Standard Life Insurance Co., Employee Retirement Income Security Act)
June 20, 2005... Byline: Lawyers Weekly USA Staff An ERISA plan administrator's late decision to deny benefits was not subject to de novo review, even though the claim was deemed automatically denied under federal regulations, the 9th Circuit has ruled in...

D.C. Court of Appeals rules trust is void for circumventing wife's rights.(White v. Sargent)
June 20, 2005... Byline: Lawyers Weekly USA Staff A court could set aside a decedent's inter vivos trust on the ground that it improperly divested his wife of her property rights, the D.C. Court of Appeals has ruled. The parties married, divorced,...

OR Court of Appeals rules veteran's disability payment is marital property.(Landis v. Landis)(Brief Article)
June 20, 2005... Byline: Lawyers Weekly USA Staff A court could include a husband's lump-sum veteran's disability payment in marital property being divided at divorce, the Oregon Court of Appeals has ruled. Seven months after the couple was divorced,...

Georgia Supreme Court rules no offset allowed against lump sum alimony.(Langley v. Langley)
June 20, 2005... Byline: Lawyers Weekly USA Staff A lump sum alimony payment, which was due to a wife under a prenuptial agreement, could not be offset by the husband's payment of temporary alimony and attorney fees, the Georgia Supreme Court has ruled....

MD appellate court rules prescription warranty claim not preempted.
June 20, 2005... Byline: Lawyers Weekly USA Staff There is no federal preemption of a breach of warranty claim over the inclusion of an incorrect warning in an informational insert for a prescription drug, a Maryland appellate court has ruled. The...

11th Circuit rules live-in boyfriend can recover despite 'household' exclusion.
June 20, 2005... Byline: Lawyers Weekly USA Staff An insured woman's live-in boyfriend, who suffered injuries in a boating accident, need not have his recovery under her policy reduced, despite a provision limiting recovery by members of the policyholder's...