Lawyers Weekly USA articles from March 2005

Lawyers Weekly USA archives from March 2005

Arizona Supreme Court rules attorney can't be sued for contractual interference.(Safeway Insurance Co. Inc. v. Guerrero)(Brief Article)
March 14, 2005... Byline: Lawyers Weekly USA Staff An attorney who negotiated a settlement on behalf of a plaintiff in a personal injury cannot be held liable by the defendant's insurer for intentional interference with contractual relations, the Arizona...

NJ Appellate Division rules divorce lawyer must return retainer.(Fischer v. Fischer)(Brief Article)
March 14, 2005... Byline: Lawyers Weekly USA Staff An attorney handling a contentious and protracted divorce who sought to withdraw from the case may be ordered to return his retainer, the New Jersey Appellate Division has ruled. The attorney was hired...

6th Circuit rules bankruptcy attorney must return retainer.(Specker Motor Sales Co. v. Eisen)
March 14, 2005... Byline: Lawyers Weekly USA Staff A bankruptcy attorney must release the portion of his retainer that was in excess of his "pro rata" share of a debtor's bankruptcy estate, the 6th Circuit has ruled. The attorney was paid $10,000 as a...

NC Court of Appeals rules consumer's suit against telephone co. not preempted by federal law.(Morgan v. AT&T Corp.)
March 14, 2005... Byline: Lawyers Weekly USA Staff A suit against a long-distance telephone carrier for allegedly unfair and deceptive practices is not preempted by the Federal Communications Act, the North Carolina Court of Appeals has ruled in reversing a...

Connecticut Supreme Court rules privileged material in claims file not discoverable.(Hutchinson v. Farm Family Casualty Insurance Co.)
March 14, 2005... Byline: Lawyers Weekly USA Staff An insured who sued an insurer for bad-faith denial of a claim was not entitled to discovery of materials in the claims file protected by the attorney-client privilege, the Connecticut Supreme Court has...

Arizona Court of Appeals rules car lessee can sue for breach of warranty.(Parrot v. DaimlerChrysler)(Brief Article)
March 14, 2005... Byline: Lawyers Weekly USA Staff A vehicle lessee meets the definition of a "consumer" under the Magnuson-Moss Act and therefore he can enforce his car warranty against the manufacturer, the Arizona Court of Appeals has ruled. The...

U.S. Supreme Court rules mid-trial reversal violates Double Jeopardy Clause.(Smith v. Massachusetts)
March 14, 2005... Byline: Lawyers Weekly USA Staff A judge's revocation of a mid-trial order of acquittal violates the Double Jeopardy Clause, the U.S. Supreme Court has ruled. The defendant was indicted for assault and battery with a dangerous weapon,...

6th Circuit rules U.S. Supreme Court's sentencing guidelines decision not retroactive.(Humphress v. U.S.)(Brief Article)
March 14, 2005... Byline: Lawyers Weekly USA Staff The U.S. Supreme Court's recent decision that the mandatory application of the federal sentencing guidelines is unconstitutional is not retroactive, the 6th Circuit has ruled. The defendant's conviction...

Mass. Supreme Judicial Court rules police order to remove pants is not strip search.(Commonwealth v. Prophete)(Brief Article)
March 14, 2005... Byline: Lawyers Weekly USA Staff Police who ordered a defendant to remove his pants didn't perform an illegal strip search because he was wearing underwear, Massachusetts' highest court has ruled in reversing a suppression order. ...

U.S. Supreme Court rules juveniles cannot be executed.(Roper v. Simmons)
March 14, 2005... Byline: Lawyers Weekly USA Staff The execution of individuals who committed crimes as juveniles older than 15 but younger than 18 violates the Eighth Amendment ban against cruel and unusual punishment, the U.S. Supreme Court has ruled in a...

6th Circuit rules warrantless entry did not violate Fourth Amendment.(U.S. v. Yoon)(Brief Article)
March 14, 2005... Byline: Lawyers Weekly USA Staff Police could forcibly enter an apartment where an informant wearing a wire had been invited in the residence by the defendant, the 6th Circuit has ruled in applying the "consent once removed" doctrine. ...

Utah Supreme Court rules warrantless entry violated Constitution.(Brigham City v. Stuart)(Brief Article)
March 14, 2005... Byline: Lawyers Weekly USA Staff Police officers who saw a juvenile strike an adult inside a house were not justified in making a warrantless entry, the Utah Supreme Court has ruled. The officers, responding to a complaint of a loud...

1st Circuit rules employer can be sued for retaliatory harassment.(Noviello v. City of Boston)
March 14, 2005... Byline: Lawyers Weekly USA Staff An employer that allegedly tolerated a hostile work environment can be sued for retaliation, the 1st Circuit has ruled in reversing a summary judgment. A city employee's complaint about an incident of...

11th Circuit rules employee can sue over smaller raise.(Gillis v. Georgia House of Corrections)
March 14, 2005... Byline: Lawyers Weekly USA Staff An employee who received a smaller raise due to her job evaluation can sue under Title VII, the 11th Circuit has ruled in reversing a U.S. District Court. An African-American probation officer working...

Utah Court of Appeals rules bar not liable for death of drunken patron.(Brief Article)
March 14, 2005... Byline: Lawyers Weekly USA Staff A bar can't be sued for the death of a patron who drank too much and was killed in a car accident, the Utah Court of Appeals has ruled. The decedent drank four glasses of wine in about 40 minutes at the...

WI Supreme Court rules stillborn child's mother can sue for emotional distress.(Wisconsin)
March 14, 2005... Byline: Lawyers Weekly USA Staff The mother of a stillborn infant may recover not only for the baby's wrongful death but also for her own emotional distress, the Wisconsin Supreme Court has ruled. The plaintiff was 35 weeks pregnant...

MO Court of Appeals rules hotel sued for assault on guest had duty to protect.(Missouri)
March 14, 2005... Byline: Lawyers Weekly USA Staff A hotel had a duty to protect a guest who was beaten up in his room, even if the guest voluntarily let the assailants in, the Missouri Court of Appeals has ruled in reversing a summary judgment. The...

Washington Court of Appeals rules child exposed to asbestos on father's clothes can sue.(Lunsford v. Saberhagen Holdings Inc.)(Brief Article)
March 14, 2005... Byline: Lawyers Weekly USA Staff A plaintiff who was exposed as a child to asbestos dust on his father's clothes can sue in strict liability under state law, the Washington Court of Appeals has ruled in reversing a summary judgment. ...

5th Circuit rules award of prejudgment interest subject to tax.(Chamberlain v. U.S.)(Brief Article)
March 14, 2005... Byline: Lawyers Weekly USA Staff Prejudgment interest awarded to the plaintiff in a personal injury suit is subject to federal income tax, the 5th Circuit has ruled. A boy was severely injured in a swimming accident due to the...

Florida Court of Appeal rules workers' comp administrator cannot be sued in tort.(Protegrity Services Inc. v. Brehm)
March 14, 2005... Byline: Lawyers Weekly USA Staff The third-party administrator of a workers' compensation carrier is immune from tort liability on counts alleging the mishandling of a claim, the Florida Court of Appeal has ruled in reversing a denial of a...

Criminal defense attorneys push for eyewitness ID reform.
March 14, 2005... Byline: Nora Lockwood Tooher Criminal defense lawyers are calling for a new look at how witnesses identify suspects, backed by a growing body of social science research that suggests current police procedures may bias eyewitness...

U.S. Supreme Court Certiorari Granted: March 14, 2005.(cases)
March 14, 2005... Byline: Lawyers Weekly USA Staff FAIR LABOR STANDARDS ACT Must employees be paid for the time they spend waiting at required safety equipment distribution stations and waiting to clock in? U.S. Supreme Court. IBP, Inc. v. Alvarez,...

Church liable for volunteer's auto accident, rules Milwaukee County Circuit Court.(Heikkinen v. Archdiocese of Milwaukee)
March 14, 2005... Byline: Amy Johnson Conner A Catholic archdiocese in Wisconsin was found liable for $17 million, but this time it wasn't a sex scandal that landed the church in hot water - it was an ordinary traffic accident involving a church volunteer...

Written explanation of decisions could change face of securities arbitration.
March 14, 2005... Byline: Paul D. Boynton Investors or employees involved in disputes with brokerage firms could ask for a written explanation of arbitration decisions under a proposed new rule which could dramatically change securities arbitration. ...

Commentary: Good writing needs a good 'look'.
March 14, 2005... Byline: Judge Mark P. Painter What an odd phenomenon it is that lawyers - whenever it is that they want to draw special attention to passages, such as main issues in a brief or warnings in drafted documents - make them typographically...

Employment discrimination based on genetics to be barred under bill passed by U.S. Senate.(Brief Article)
March 14, 2005... Byline: Lawyers Weekly USA Staff Employers would be prohibited from using individuals' genetic information when making hiring, firing, job placement or promotion decisions under a bill that has passed the Senate. A similar bill passed...

U.S. Justice Department seeks comment on ADA rules.(Americans with Disabilities Act )(Brief Article)
March 14, 2005... Byline: Lawyers Weekly USA Staff The Justice Department is requesting comments on ADA rules that have been proposed in response to new architectural standards set this past summer by the Architectural and Transportation Barriers Compliance...

Employees would be able to roll over flex spending accounts under bill in U.S. Senate.(Brief Article)
March 14, 2005... Byline: Lawyers Weekly USA Staff Employees would be able to carry forward to the next year up to $500 in unused balances in health flexible spending accounts, under a bill that has been introduced in the Senate. The bill would amend...

Bill approved by U.S. House subcommittee prohibits Internet spyware.(Brief Article)
March 14, 2005... Byline: Lawyers Weekly USA Staff Criminal penalties would be created for individuals who surreptitiously install Internet "spyware" on computers, under a bill that has been approved by a House subcommittee. The House approved a similar...

Estate tax repeal would become permanent under bill introduced in U.S. House.(Brief Article)
March 14, 2005... Byline: Lawyers Weekly USA Staff The estate tax would be permanently repealed under a bill that has been introduced in the House. A similar bill has been introduced in the Senate. Under the 2001 tax law, the estate tax will be...

Equine lawyers see enormous amount of diversity in this narrow niche of the legal field.
March 14, 2005... Byline: Correy E. Stephenson Even a typical legal dispute looks different when horses are involved. Take Michigan lawyer Julie Fershtman's "testicle drop" case. In a seemingly straightforward transaction, her client contracted to...

Wyeth Corp. triumphs in latest round of fen-phen cases.(cases)
March 14, 2005... Byline: Nora Lockwood Tooher Battered Wyeth Corp. rebounded recently with two major victories in its ongoing legal battle with former users of fen-phen - the diet-drug cocktail that allegedly caused heart valve damage in millions of...

Model/actor whose face is on Taster's Choice coffee jars wins $15.6M verdict.(Christoff v. Nestle USA)
March 14, 2005... Byline: Natalie White If it weren't for an offhand comment in the register line at Home Depot, Russell Christoff never would have known his face was plastered across coffee jars all over the world. It was a fortuitous comment, indeed,...

St. Louis County Circuit Court awards baseball coach $1.2M in age discrimination case.(Brady v. Curators of the University of Missouri)
March 14, 2005... Byline: Aaron Brown A college baseball coach who said administrators tried to force him out because they thought he was too old has won over $1.2 million under the Missouri Human Rights Act. The court also ordered the university to pay...

Bad faith claim highlights opportunities when insurance companies stall.(Quinn v. Zurich American Insurance Co. of Illinois)
March 14, 2005... Byline: Natalie White The family of an injured Mississippi construction worker received $475,000 to settle a bad faith claim against Zurich American Insurance Co. of Illinois. The company admitted no liability in reaching the...

Verdicts & Settlements March 14, 2005: Judge wins $2.1M in libel suit.
March 14, 2005... Byline: Lawyers Weekly USA Staff A Massachusetts Superior Court judge who said he was misquoted in a series of articles, allegedly telling lawyers that a 14-year-old rape victim should "get over it," won a $2.1 million libel suit against...

Verdicts & Settlements March 14, 2005: Torture verdict overturned.
March 14, 2005... Byline: Lawyers Weekly USA Staff A federal appeals court reversed a $54.6 million verdict against two retired Salvadoran generals accused of torture during the civil war in their home country two decades ago. The U.S. Court of Appeals...

Verdicts & Settlements March 14, 2005: $50.2M verdict for sexual assault.
March 14, 2005... Byline: Lawyers Weekly USA Staff A Virginia jury awarded a $50.2 million to a 14-year-old girl who was sexually assaulted while baby sitting in 2002. The Jan. 31 verdict is believed to be the largest sexual assault civil verdict in...

Verdicts & Settlements March 14, 2005: $9.25M settlement reached in 'bad faith' case.
March 14, 2005... Byline: Lawyers Weekly USA Staff Relatives of three people killed in an accident involving a drunk driver have settled their bad faith claim for $9.25 million. The settlement is believed to be the largest bad faith settlement ever paid...

Verdicts & Settlements March 14, 2005: Spam verdict dismissed.
March 14, 2005... Byline: Lawyers Weekly USA Staff A Virginia judge dismissed a felony spamming conviction that had been called one of the first of its kind, saying he found no "rational basis" for the verdict and wondering if jurors were confused by...

Verdicts & Settlements March 14, 2005: Wal-Mart must pay $7.5M in discrimination suit.
March 14, 2005... Byline: Lawyers Weekly USA Staff A New York federal jury on Feb. 23 ordered Wal-Mart Stores to pay $7.5 million to a man after ruling the retail giant discriminated against him because he has cerebral palsy. Patrick Brady, 21, was...

Verdicts & Settlements March 14, 2005: Ford must pay $7M in auto accident.
March 14, 2005... Byline: Lawyers Weekly USA Staff A Cumberland County jury in Tennessee has ordered Ford Motor Co. to pay $7 million to a woman, finding that the carmaker was responsible for a seat defect that left her a paraplegic after a 2002 auto...

Verdicts & Settlements March 14, 2005: $53.3M verdict against Chrysler.
March 14, 2005... Byline: Lawyers Weekly USA Staff A jury in Memphis, Tenn. on Feb. 25 ordered DaimlerChrysler AG to pay $53.3 million to the family of two women who were killed in a car crash, finding that defects in a Dodge Caravan caused their deaths. ...

Verdicts & Settlements March 14, 2005: Hung jury in self-bombing trial.
March 14, 2005... Byline: Lawyers Weekly USA Staff The trial of a former Tennessee medical examiner accused of staging a bizarre bomb attack against himself ended March 1 in a hung jury. U.S. District Judge Bernice Donald declared a mistrial after the...

U.S. Supreme Court Decisions Case Summaries: March 14, 2005.(cases)
March 14, 2005... Byline: Lawyers Weekly USA Staff DOUBLE JEOPARDY A judge's revocation of a mid-trial order of acquittal violates the Double Jeopardy Clause. Smith v. Massachusetts (Lawyers Weekly USA No. 9930206) U.S. Supreme Court No. 03-8661....

Employers asking amorous workers to sign affidavits declaring their relationships are consensual.
March 28, 2005... Byline: Nora Lockwood Tooher Skittish about the potential legal fallout, an increasing number of employers are asking amorous workers to sign affidavits declaring that their relationships are consensual. These so-called "love pacts"...

Consumer bankruptcy bill sweeps through Congress.
March 28, 2005... Byline: Reni Gertner A sweeping consumer bankruptcy bill that would make it more difficult for debtors to file for bankruptcy is sailing through Congress and is expected to be signed into law within the next month, experts tell Lawyers...

U.S. Supreme Court to hear music downloading case.(MGM Studios Inc. v. Grokster Ltd.)
March 28, 2005... Byline: Correy E. Stephenson The justices of the U.S. Supreme Court are about to have a technology lesson. The case being argued March 29, MGM v. Grokster, presents the court with the issue of copyright liability as applied to...

Arizona college student convicted of Internet piracy.
March 28, 2005... Byline: Correy E. Stephenson In the first state prosecution of Internet piracy, an 18-year-old college student has been convicted of copyright infringement. Parvin Dhaliwal of Mesa, Ariz., was charged with uploading digital copies of...

Commentary: The rise of 'stranger owned life insurance'.
March 28, 2005... Byline: Jeffrey A. Baskies A recent article by Stephan Leimberg in the January 2005 issue of the journal Estate Planning raises questions about a new trend in life insurance - third-party owned policies, or what he calls "SOLI"...

Commentary: How I worked on my vacation.
March 28, 2005... Byline: Bruce L. Dorner For those of us practicing in a solo setting, our vacation often means that we don't stop working - we just do a little less. We always worry about the case crisis that invariably arises while we are away, or the...

Washington Court of Appeals rules co-counsel not liable for lost potential fees.
March 28, 2005... Byline: Lawyers Weekly USA Staff An attorney was not entitled to recover lost prospective fees from co-counsel who failed to serve a client's complaint on time, the Washington Court of Appeals has ruled. A man who received an electric...

Florida Supreme Court rules legal malpractice claim can be assigned.(Brief Article)
March 28, 2005... Byline: Lawyers Weekly USA Staff A legal malpractice claim growing out of the preparation of private placement memoranda may be assigned, the Florida Supreme Court has ruled. A Florida medical products company decided to issue a...

CO Supreme Court rules criminal defendant needn't get postconviction relief to sue for malpractice.(Colorado)(Brief Article)
March 28, 2005... Byline: Lawyers Weekly USA Staff A man who was convicted of sexually assaulting two boys needn't obtain postconviction relief before filing a legal malpractice action against his attorney, the Colorado Supreme Court has ruled. After...

8th Circuit Bankruptcy Appellate Panel rules alienation of affections ruling can be discharged.(Brief Article)
March 28, 2005... Byline: Lawyers Weekly USA Staff A state court judgment for the alienation of affections didn't establish that the debtor acted willfully and maliciously - and therefore the debt is dischargeable under the Bankruptcy Code, the 8th Circuit...

6th Circuit rules no ERISA preemption of claims against plan record keeper.(Employee Retirement Income Security Act of 1974)
March 28, 2005... Byline: Lawyers Weekly USA Staff An employer that incurred a penalty for failing to have its employee benefits plan in compliance with the federal tax code can sue the plan's record keeper for negligence and breach of contract - the claims...

Illinois Appellate Court rules state-law challenge to arbitration provision is not preempted.(Brief Article)
March 28, 2005... Byline: Lawyers Weekly USA Staff Federal law does not preempt state-law challenges to the validity of arbitration provisions in the customer service agreements of plaintiffs suing over allegedly deceptive telephone charges, the Illinois...

NJ Appellate Division rules arbitration agreement signed by parent binds the child.
March 28, 2005... Byline: Lawyers Weekly USA Staff A child who was injured at a skateboard park was bound by the terms of an arbitration agreement signed by his mother as a condition of his entrance into the park, the New Jersey Appellate Division has ruled...

Illinois Appellate Court rules out-of-state dog breeders can be sued.(Brief Article)
March 28, 2005... Byline: Lawyers Weekly USA Staff Oklahoma dog breeders can be sued in Illinois based on an interactive website and the use of Internet chat rooms, the Illinois Appellate Court has ruled. An Oklahoma couple bred Tibetan mastiff dogs for...

WI Supreme Court rules insurer cannot enforce subrogation rights against 3rd party settlement.
March 28, 2005... Byline: Lawyers Weekly USA Staff An insurance company cannot enforce its subrogation rights against a lump sum agreement obtained in a wrongful death case where the insurer concedes that the settlement is inadequate to "make whole" the...

South Dakota Supreme Court rules UIM coverage not available for wrongful death of parents.(underinsured motorist)
March 28, 2005... Byline: Lawyers Weekly USA Staff An insured can't collect underinsured motorist coverage from his auto insurance policy for the wrongful death of his parents, who were hit by a car, the South Dakota Supreme Court has ruled in affirming a...

8th Circuit rules embezzlement defendant entitled to resentencing under 'Booker'.(Brief Article)
March 28, 2005... Byline: Lawyers Weekly USA Staff Even though an embezzlement defendant stipulated to the amount of loss and was sentenced at the bottom of the federal sentencing guideline range, she was still entitled to be resentenced under a U.S. Supreme...

6th Circuit rules defendant who entered guilty plea does not have right to new sentence.
March 28, 2005... Byline: Lawyers Weekly USA Staff A defendant who pled guilty to drug and gun charges under the mistaken assumption that the federal sentencing guidelines were mandatory is not entitled to be resentenced, the 6th Circuit has ruled. The...

Indiana Supreme Court rules state sentencing scheme violated defendant's 6th Amendment rights.(Brief Article)
March 28, 2005... Byline: Lawyers Weekly USA Staff State sentencing guidelines under which a trial judge determined aggravating and mitigating circumstances before imposing a sentence violated the defendant's Sixth Amendment rights, the Indiana Supreme...

New Hampshire Supreme Court rules stop of pedestrian violated state constitution.
March 28, 2005... Byline: Lawyers Weekly USA Staff Drugs found on a defendant should have been suppressed on the ground that a detective lacked reasonable suspicion to seize the defendant by commanding him to stop, the New Hampshire Supreme Court has ruled....

Indiana Supreme Court rules breath test of suspect with pierced tongue is admissible.
March 28, 2005... Byline: Lawyers Weekly USA Staff A breath test on a defendant with a metal stud in her tongue is admissible, the Indiana Supreme Court has ruled in reversing the Court of Appeals. The lower court's decision was reported at "Breath Test...

Florida Court of Appeal rules traffic stop did not violate constitution.(Brief Article)
March 28, 2005... Byline: Lawyers Weekly USA Staff A traffic stop of a vehicle was justified by the furtive movements of a passenger and the driver, including a switch in drivers, the Florida Court of Appeal has ruled. While on patrol in an unmarked...

NJ Supreme Court rules fired employee who could perform job can sue for discrimination.
March 28, 2005... Byline: Lawyers Weekly USA Staff In order to establish a prima facie case of employment discrimination, an employee needs only to show that he was able to perform his job before he was fired, not that he met the employer's reasonable...

1st Circuit rules failure to request arbitration of EEOC complaint not a waiver.(Equal Employment Opportunity Commission)
March 28, 2005... Byline: Lawyers Weekly USA Staff An employer did not waive its right to seek arbitration by failing to demand it during the pendency of an EEOC proceeding, the 1st Circuit has ruled. An employee sued under Title VII. The employer moved...

6th Circuit rules plaintiff need not be pregnant to sue for pregnancy discrimination.(Brief Article)
March 28, 2005... Byline: Lawyers Weekly USA Staff A woman can sue for pregnancy discrimination even if she wasn't pregnant at the time of the alleged discrimination, the 6th Circuit has ruled. The suit was brought by an obstetric nurse who, after...

Florida Court of Appeals rules employer not liable for employee's off-duty misconduct.(Brief Article)
March 28, 2005... Byline: Lawyers Weekly USA Staff An employer cannot be held liable for one of its employee's sexual abuse of a co-worker's child, the Florida Court of Appeal has ruled. The suit was brought on behalf of a 7-year-old girl whose mother...

Florida Court of Appeal rules employer not liable for defamation.(Brief Article)
March 28, 2005... Byline: Lawyers Weekly USA Staff An employer could not be held liable for defamation for responding to a terminated employee's question regarding why he had been fired, the Florida Court of Appeal has ruled. The plaintiff, who worked...

Md. Court of Appeals rules grandparents cannot prevail in custody fight with 'fit' parent.(Maryland)
March 28, 2005... Byline: Lawyers Weekly USA Staff In third-party custody cases, the "best interest of the child" may not be considered unless both parents are found unfit or "exceptional circumstances" warrant a change in custody, Maryland's highest court...

South Dakota Supreme Court rules prenuptial agreement waiving alimony is unenforceable.(Brief Article)
March 28, 2005... Byline: Lawyers Weekly USA Staff A prenuptial agreement waiving alimony and support is unenforceable, the South Dakota Supreme Court has ruled. The couple in this case lived together for eight years before marrying. The husband...

Colorado Court of Appeals rules court can consider Social Security benefits in property division.
March 28, 2005... Byline: Lawyers Weekly USA Staff Although a court could not treat a husband's anticipated Social Security benefits as marital property in a divorce, it could premise an unequal distribution of property on the fact that he is more likely to...

Penn. appellate court rules church sex abuse suit is barred by statute of limitations.(Pennsylvania, Catholic Church. Archdiocese of Philadelphia)
March 28, 2005... Byline: Lawyers Weekly USA Staff A Roman Catholic archdiocese cannot be held liable for clergy sexual abuse because the claims filed against it were untimely, a Pennsylvania appellate court has ruled. The complaint alleged sexual abuse...

U.S. Supreme Court considers police liability for failure to enforce restraining order.
March 28, 2005... Byline: Nora Lockwood Tooher The U.S. Supreme Court heard oral arguments this month in a tragic case that could lead to sweeping changes in the way police departments throughout the nation respond to violations of domestic violence...

Arizona Court of Appeals rules suit by off-duty EMT not barred by firefighter's rule.(Brief Article)
March 28, 2005... Byline: Lawyers Weekly USA Staff A negligence suit filed by an off-duty EMT and firefighter who was injured when she stopped to help the defendants after a car accident is not barred by the firefighter's rule, the Arizona Court of Appeals...

Arizona Court of Appeals rules vehicle owner can be sued for not having seatbelts.
March 28, 2005... Byline: Lawyers Weekly USA Staff A truck owner can be sued for a death that occurred because the vehicle didn't have seatbelts, the Arizona Court of Appeals has ruled in reversing a summary judgment. A father owned a pick-up truck with...

Illinois Appellate Court rules restaurant can be sued for injuries caused by runaway vehicle.(Brief Article)
March 28, 2005... Byline: Lawyers Weekly USA Staff A fast-food restaurant could be sued for not designing its building so as to prevent a runaway vehicle from coming through its store front, the Illinois Appellate Court has ruled. A man was eating in a...

Colorado Supreme Court rules insured can get coverage for attempted suicide.(Brief Article)
March 28, 2005... Byline: Lawyers Weekly USA Staff An employee health plan must cover injuries suffered by a policyholder's daughter in a suicide attempt, despite an exclusion for "self-inflicted injury," the Colorado Supreme Court has ruled in reversing...

IRS proposes new rules for Roth 401(k) plans.(Internal Revenue Service)(Brief Article)
March 28, 2005... Byline: Lawyers Weekly USA Staff The Treasury Department and the IRS have released a proposed guidance that clarifies what employers must do when offering new Roth 401(k) plans alongside traditional 401(k) plans. Under a 2001 tax law,...

Bill to prevent medical errors moves forward in U.S. Senate.(Patient Safety and Quality Improvement Act of 2005)(Brief Article)
March 28, 2005... Byline: Lawyers Weekly USA Staff A bill intended to improve patient safety and prevent medical errors has been approved by a Senate committee. The House and Senate approved a similar bill last year, but it languished in conference. ...

IRS proposes regulations to exclude disability payments for FICA purposes.(Internal Revenue Service, Federal Insurance Contributions Act)(Brief Article)
March 28, 2005... Byline: Lawyers Weekly USA Staff Disability payments stemming from an illness or accident would be excluded from wages for employment tax purposes if the payments were made under state temporary disability insurance laws, under proposed...