Lawyers Weekly USA articles from March 2006

Lawyers Weekly USA archives from March 2006

California Supreme Court rules lawyer can't be sued for abuse of process.(Rusheen v.Cohen)
March 13, 2006... Byline: Lawyers Weekly USA Staff A lawyer who allegedly submitted false affidavits of service in order to obtain a default judgment could not be sued for abuse of process for actions taken to collect on the judgment, the California Supreme...

Indiana Supreme Court rules duplicate law firm name is not unfair competition.(Keaton & Keaton, P.C. v. Keaton)(Brief Article)
March 13, 2006... Byline: Lawyers Weekly USA Staff A law firm with the same name as another firm 100 miles away could not be held liable for unfair competition, the Indiana Supreme Court has ruled.The plaintiffs claimed that the almost identical names...

California Court of Appeal says legal malpractice claim is not time-barred.(Fritz v. Ehrmann)(Brief Article)
March 13, 2006... Byline: Lawyers Weekly USA Staff A complaint alleging that an attorney committed legal malpractice eight years earlier should not have been dismissed as untimely, the California Court of Appeal has ruled.The attorney, who represented the...

Debtor can't get waiver of credit counseling requirement.(Dixon v. LaBarge, Bankruptcy Abuse Prevention and Consumer Protection Act of 2005)(Brief Article)
March 13, 2006... Byline: Lawyers Weekly USA Staff A debtor could not file for protection under the recently amended Bankruptcy Code because he couldn't show exigent circumstances excusing his failure to undergo debt counseling, the 8th Circuit Bankruptcy...

U. S. Supreme Court rules patent tying claim plaintiff must prove market power.(Illinois Tool Works Inc. v. Independent Ink Inc.)
March 13, 2006... Byline: Lawyers Weekly USA Staff Because a company does not automatically gain market power for antitrust purposes merely because it holds a patent, the plaintiff in all cases involving a patent tying arrangement must prove that the...

9th Circuit Court rules satellite TV company can't be sued for sending demand letters.(Racketeer Influenced and Corrupt Organizations Act, Communications Act of 1934, United States Constitution. 1st Amendment)
March 13, 2006... Byline: Lawyers Weekly USA Staff The First Amendment bars a civil RICO suit against a satellite TV company that sent settlement demand letters to thousands of people the company suspected of pirating its signal, the 9th Circuit has ruled...

Arbitrator must decide validity of contract.(Buckeye Check Cashing, Inc., v. Cardegna)
March 13, 2006... Byline: Lawyers Weekly USA Staff When the validity of an entire contract is challenged, and not simply an arbitration clause contained in it, that issue must be decided by an arbitrator, the U.S. Supreme Court has ruled. After borrowing...

New Jersey Supreme Court rules that new leases covered by Magnuson-Moss Warranty Act.(Ryan v. American Honda Motor Co. Inc., Magnuson-Moss Warranty - Federal Trade Commission Improvement Act)(Brief Article)
March 13, 2006... Byline: Lawyers Weekly USA Staff The Magnuson-Moss Warranty Act applies to car leases, the New Jersey Supreme Court has ruled.A plaintiff entered into a car lease with an authorized dealer of an auto manufacturer. The car carried a...

Indiana Supreme Court rules limitation on minor's med-mal claims is constitutional.(Ledbetter v. Hunter, medical malpractice )
March 13, 2006... Byline: Lawyers Weekly USA Staff A state law requiring a minor's medical malpractice claim be filed within two years or before the child reaches the age of eight did not violate the plaintiff's constitutional rights, the Indiana Supreme...

3rd Circuit Court rules 'Booker' not applicable to restitution or forfeiture.
March 13, 2006... Byline: Lawyers Weekly USA Staff The U.S. Supreme Court's Booker decision does not apply to restitution or forfeiture orders, the en banc 3rd Circuit has ruled.Defendants in three separate cases were convicted of various crimes, including...

When does an informant's tip justify an investigative stop?
March 13, 2006... Byline: Lawyers Weekly USA Staff A police officer could stop a drunk-driving suspect based on a tip phoned in by an informant who identified herself, where the officer could obtain corroboration through independent investigation at the...

Oregon Supreme Court rules that there is no constitutional protection for collected trash.(State v. Howard)
March 13, 2006... Byline: Lawyers Weekly USA Staff Even though a homeowner had a privacy interest under the state constitution in trash placed at curbside, the police could search the trash after it had been collected by a sanitation service, the Oregon...

New York Court of Appeals rules anonymous tip did not justify stop of pedestrian at gunpoint.(People v. Moore)(Brief Article)
March 13, 2006... Byline: Lawyers Weekly USA Staff An anonymous tip regarding a man with a weapon did not justify the police in stopping a pedestrian in the vicinity at gunpoint, New York's highest court has ruled.Two officers on patrol received a radio...

Ohio Supreme Court rules state felony sentencing scheme violates 'Blakely'.(State v. Foster, United States Constitution. 6th Amendment)(Brief Article)
March 13, 2006... Byline: Lawyers Weekly USA Staff A state felony sentencing scheme violated criminal defendants' Sixth Amendment rights where it authorized a judge rather than a jury to decide factors leading to the imposition of sentences greater than the...

6th Circuit Court rules entry into unlocked duplex is constitutional.(U.S. v. Dillard)(Brief Article)
March 13, 2006... Byline: Lawyers Weekly USA Staff Police who entered an unlocked apartment duplex without a warrant did not violate the defendant's Fourth Amendment rights, the 6th Circuit has ruled.The defendant was arrested after being observed by...

Indiana Supreme Court rules doghouse search is constitutional.(Brief article)
March 13, 2006... Byline: Lawyers Weekly USA Staff Police who receive a credible report of a crime may enter onto private property to investigate without obtaining a warrant, the Indiana Supreme Court has ruled in reversing a lower court.Police went to the...

Court had subject matter jurisdiction over Title VII case.(Arbaugh v. Y & H Corp., Civil Rights Act of 1964)(Brief Article)
March 13, 2006... Byline: Lawyers Weekly USA Staff The failure to show that a defendant has 15 or more employees and thereby qualifies as an "employer" under Title VII does not deprive the federal courts of subject matter jurisdiction, the U.S. Supreme...

4th Circuit Court rules employee unhappy with damages award must relitigate discrimination issue.(Laber v. Harvey)(Brief Article)
March 13, 2006... Byline: Lawyers Weekly USA Staff A federal employee unsatisfied with the remedy awarded by the Office of Federal Operations in a discrimination case may file a challenge in federal court, but must place the existence of discrimination at...

NY Court of Appeals says illegal immigrant can recover for worksite injuries.(Balbuena v. IDR Realty LLC)
March 13, 2006... Byline: Lawyers Weekly USA Staff An illegal immigrant hurt on the job is entitled to sue his employer for lost earnings, New York's highest court has ruled.One plaintiff, a Mexican citizen, found a job as a construction worker. While on a...

1st Circuit Court rules employer liable for regarding employee as 'crazy'.
March 13, 2006... Byline: Lawyers Weekly USA Staff An employee regarded by his employer as mentally ill is entitled to damages for disability discrimination, the 1st Circuit has ruled.The plaintiff, an employee of the U.S. Postal Service, filed suit...

Minister's age-bias claim is governed by Religious Freedom Act.(Hankins v. Lyght, Religious Freedom Restoration Act of 1993)
March 13, 2006... Byline: Lawyers Weekly USA Staff A Methodist minister's age-discrimination claim should not have been dismissed pursuant to a federal common-law exception to the ADEA, because the suit was governed by the federal Religious Freedom...

Texas Supreme Court rules personnel manual doesn't change worker's at-will status.(Matagorda County Hospital District v. Burwell)(Brief Article)
March 13, 2006... Byline: Lawyers Weekly USA Staff A worker's at-will employment status is not changed by a personnel manual provision stating that employees "may be dismissed for cause," the Texas Supreme Court has ruled.The plaintiff had worked for almost...

U.S. Supreme Court rules plaintiff who tripped over packages can sue post office.(Dolan v. USPS, Federal Tort Claims Act)
March 13, 2006... Byline: Lawyers Weekly USA Staff A woman who was injured when she tripped over letters and packages allegedly left on her porch by a U.S. Post Office employee can sue the agency under the Federal Tort Claims Act, the U.S. Supreme Court...

1st Circuit Court rules student can sue for defamation based on photo.(Stanton v. Metro Corp.)
March 13, 2006... Byline: Lawyers Weekly USA Staff A high school student could sue a magazine for defamation based on it showing her in a photograph that appeared in connection with an article about teen promiscuity, even though the article included a...

California Court of Appeal rules suit against health club not barred by waiver.(Capri v. L.A. Fitness International, LLC)(Brief Article)
March 13, 2006... Byline: Lawyers Weekly USA Staff A fitness club that violated safety regulations could be sued by a member who slipped near the pool, despite a negligence waiver, the California Court of Appeal has ruled in reversing a trial courtThe...

Utah Court of Appeals rules officer can't recover for accident scene injury.(Fordham v. Oldroyd)(Brief Article)
March 13, 2006... Byline: Lawyers Weekly USA Staff A policeman who reported to the scene of an auto accident and was struck by another vehicle there was prohibited from recovering damages from the first driver by the "fireman's rule," the Utah Court of...

NY Court of Appeal rules limitations period not tolled in clergy abuse cases.(Zumpano v. Quinn)
March 13, 2006... Byline: Lawyers Weekly USA Staff Equitable estoppel did not apply to toll the statute of limitations for priest abuse claims, New York's highest court has ruled.In two instances, adult New Yorkers filed sexual abuse complaints against...

Washington Supreme Court rules state can't be sued for foster children's crimes.(Sheikh v. Choe)(Brief Article)
March 13, 2006... Byline: Lawyers Weekly USA Staff The state cannot be held liable by a man who was assaulted by minors placed in foster care, Washington's highest court has ruled.The suit was brought by a plaintiff who was assaulted by four youths in a...

Despite guilty plea, insurance may cover suit over manslaughter death.
March 13, 2006... Byline: Lawyers Weekly USA Staff Insurance coverage in a wrongful death suit was not precluded by the insured's pleading guilty to involuntary manslaughter, the Indiana Supreme Court has ruled. A 19-year-old pleaded guilty to the...

Pennsylvania Superior Court rules homeowners' policy covers shooting spree.(Donegal Mutual Insurance Co. v. Baumhammers)
March 13, 2006... Byline: Lawyers Weekly USA Staff A homeowners' policy covered negligence claims against insureds whose son killed five people and seriously injured another during a shooting spree, a Pennsylvania appellate court has ruled.The son went on a...

U.S. Supreme Court Certiorari Granted: March 13, 2006.(Partial-Birth Abortion Ban Act of 2003, Prison Litigation Reform Act of 1995)(Brief Article)
March 13, 2006... Byline: Lawyers Weekly USA Staff SENTENCINGIs California's determinate sentencing statute invalid because it permits a judge to impose an enhanced sentence based on his own factual findings, where those facts have not been found by a jury...

E-Discovery is big deal for lawyers.
March 13, 2006... Byline: Sylvia Hsieh Five years ago, law firms reacted with extreme skepticism when Michele Lange suggested that they needed an electronic discovery expert.Lange, a staff attorney with Kroll Ontrack Inc., a vendor that specializes in...

'Dr. Estranged Love': Interview with celebrity lawyer Raoul Felder.(Interview)
March 13, 2006... Byline: Nora Lockwood Tooher Described as a piranha by many of his opponents, celebrity divorce lawyer Raoul Felder frequently used a tank full of piranhas as a negotiating device.During negotiating sessions in his Manhattan office,...

Chicago small-firm lawyer is fostering change for nation's foster care laws.(Jay Paul Deratany)
March 13, 2006... Byline: Jaclyn Jaeger Jay Paul Deratany is a small-firm lawyer on a really big crusade: to help change the nation's foster care laws.Since forming his own practice in 1992, the Chicago attorney has seen his share of foster care gone...

Rhode Island lead paint verdict could have wide impact.
March 13, 2006... Byline: Dick Dahl A recent landmark verdict in Rhode Island ordering three paint manufacturers to clean up lead-contaminated property throughout the state may prompt similar suits in other states. But its possible influence on...

Commentary: IRS Private Letter Ruling addresses irrevocable trust technique.(Internal Revenue Service)
March 13, 2006... Byline: Jeffrey A. Baskies In a Private Letter Ruling (No. 200603040) issued on Jan. 20, the IRS concluded that the popular technique of making an irrevocable trust "intentionally defective" for income tax purposes by including a retained...

Commentary: Combating 'verbal violence' in our firms.
March 13, 2006... Byline: Nancy Byerly Jones I recently saw a t-shirt on which the following words were printed: "The true art of horsemanship is keeping your horse between you and the ground." This oh-so-painfully-true saying hit home for me, because I...

Personal injury defense lawyers face rise in malpractice claims.
March 13, 2006... Byline: Nora Lockwood Tooher Several years ago, Benjamin H. Hill III defended a malpractice claim lodged against a Florida personal injury defense lawyer by the insurance company that had hired himHill, an attorney in Tampa, Fla.,...

Estate planners placing more clients' homes in trust.
March 13, 2006... Byline: Reni Gertner With the expectation that home prices will continue to rise, estate planners are increasingly using qualified personal residence trusts - or QPRTs - to gift wealthy clients' homes to their children at a substantial tax...

Can a state require suspicionless parole searches? U.S. Supreme Court hears oral arguments.
March 13, 2006... Byline: Correy E. Stephenson In the first criminal case before the newly formed U.S. Supreme Court, the justices debated the standard a state may impose on searches of its parolees. The state of California defended its right to regulate...

U.S. Supreme Court justices debate third party guilt.
March 13, 2006... Byline: Correy E. Stephenson Each of the nine justices of the new U.S. Supreme Court got involved in the case of Holmes v. South Carolina, debating the state's evidentiary standard for the introduction of evidence of third party guilt.In...

U.S. Supreme Court Decisions: March 13, 2006.
March 13, 2006... Byline: Lawyers Weekly USA Staff PATENTSBecause a company does not automatically gain market power for antitrust purposes merely because it holds a patent, the plaintiff in cases involving a patent tying arrangement must prove that the...

Verdicts & Settlements March 13, 2006: $33.8M in suit over surprise tuition hike.(Brief Article)
March 13, 2006... Byline: Lawyers Weekly USA Staff A Baltimore lawyer who failed in his attempt to challenge a mid-year tuition increase in Maryland three years ago, had better luck in California two weeks ago.Andrew D. Freeman, along with San Francisco...

Verdicts & Settlements March 13, 2006: DaimerChrysler found liable for fatal accident.(Brief Article)
March 13, 2006... Byline: Lawyers Weekly USA Staff A Michigan jury ordered DaimerChrysler Corp. to pay the bulk of a $4.5 million award in a lawsuit filed by the family of a toddler who was killed when the family's minivan lurched forward and ran over her....

Verdicts & Settlements March 13, 2006: Cigarette maker not liable in smoker's death.(Brief Article)
March 13, 2006... Byline: Lawyers Weekly USA Staff A Florida jury found Cigarette-maker Liggett Group Inc. not liable on March 2 for the death of a Boca Raton woman who smoked the company's unfiltered Chesterfield brand.Leonard Schwartz filed the lawsuit on...

Verdicts & Settlements March 13, 2006: Missouri jury delivers defense verdict for cigarette makers.(Brief Article)
March 13, 2006... Byline: Lawyers Weekly USA Staff A Missouri jury rejected claims that tobacco makers were responsible for an 80-year-old man's lung cancer and other health problems. William VanDenBurg, a retired mail carrier and World War II veteran,...

Verdicts & Settlements March 13, 2006: $750K for fall at assisted-living facility.(Brief Article)
March 13, 2006... Byline: Lawyers Weekly USA Staff A Massachusetts assisted-living facility agreed to pay $750,000 on Feb. 28 to the daughter of an 81-year-old resident who died after falling down a flight of stairs, the Boston Herald reported.Millicent...

Verdicts & Settlements March 13, 2006: Police officer awarded $2M in pregnancy discrimination suit.(Brief Article)
March 13, 2006... Byline: Lawyers Weekly USA Staff A California police officer who sued the city claiming she was denied a promotion after she became pregnant was awarded $2 million Feb. 24. The federal court jury in San Francisco found that the Oakland...

Verdicts & Settlements March 13, 2006: 401K suit yields $28M.(Brief Article)
March 13, 2006... Byline: Lawyers Weekly USA Staff CMS Energy Corp. has agreed to pay $28 million to its current and former employees who suffered losses in their 401(k) plans when the utility's stock crashed due to a energy trading scandal. The company...

Verdicts & Settlements March 13, 2006: $7.5M med-mal verdict.(Brief Article)
March 13, 2006... Byline: Lawyers Weekly USA Staff The family of a 12-year-old boy who died during routine surgery at an Illinois hospital won a $7.5 million medical malpractice verdict late last month.Andrew Muno severed tendon in his forearm during a fall...

Verdicts & Settlements March 13, 2006: $8 Million for truck driver who fell asleep at the wheel.(Brief Article)
March 13, 2006... Byline: Lawyers Weekly USA Staff A Virginia jury ordered Danella Construction Corp. to pay $8 million to the family of a teenager who was killed after one of their truck drivers fell asleep at the wheel.After three hours of deliberations...

Verdicts & Settlements March 13, 2006: Police brutality suit settles for $340K.(Brief Article)
March 13, 2006... Byline: Lawyers Weekly USA Staff The family of a man who was shot to death by sheriff's deputies during a standoff settled its wrongful deathlawsuit against the county for $340,000, an attorney said. Deondre Brunston, 23, was killed in...

Federal jury awards California teacher record $18M against L.A. Sheriff's Department.(Ramirez v. Los Angeles County Sheriff's Office)
March 13, 2006... Byline: Natalie White In a case of mistaken identity, a federal jury in California recently awarded a record $18 million to a middle school teacher who claimed a Los Angeles sheriff's detective falsely arrested him, accused him of...

Florida jury awards $1.2M verdict in false arrest case.(Femminella v. Palm Beach County Sheriff's Office)
March 13, 2006... Byline: Natalie White A Florida jury recently handed down a $1.2 million verdict to a Palm Beach County corrections deputy and his wife who were falsely arrested in 2003 and accused of smuggling cocaine into the Palm Beach County Jail.Cpl....

Texas jury awards $160M for nursing home beating.(Mendoza v. Summit Care Corp.)
March 13, 2006... Byline: Natalie White In one of the largest nursing home verdicts in the country, a Texas jury recently awarded a $160 million to the family of an elderly man who was severely beaten by his violent and mentally ill roommate.After a...

Connecticut Supreme Court rules plaintiff entitled to jury trial in trade secrets case.(Brief article)(Case overview)
March 27, 2006... Byline: Lawyers Weekly USA Staff An inventor had the right under the state constitution to have a jury decide his claim that an automobile manufacturer had allegedly misappropriated trade secrets, the Connecticut Supreme Court has...

N.J. law governs out-of-state Accutane claim.(Rowe v. Hoffman-La Roche Inc.)
March 27, 2006... Byline: Lawyers Weekly USA Staff A failure-to-warn claim over the acne drug Accutane was governed by a plaintiff-friendly New Jersey law, even though the drug was prescribed, purchased and taken in Michigan, the New Jersey Appellate...

Colo. court rules bad-faith in records destruction not required for adverse inference instruction.(Aloi v. Union Pacific Railroad Corp.)(Brief article)
March 27, 2006... Byline: Lawyers Weekly USA Staff A plaintiff injured in a slip-and-fall accident needn't show that the defendant destroyed records in bad faith in order to obtain adverse inference instructions at trial, the Colorado Supreme Court has...

N. J. Appellate Court rules accident photo showing 'minimal damage' should not have been admitted.(New Jersey)
March 27, 2006... Byline: Lawyers Weekly USA Staff An auto accident defendant should not have been allowed to introduce a photograph into evidence showing minimal damage to the plaintiff's car in the absence of expert evidence and a limiting jury...

Arizona Court of Appeals rules plaintiff can recover full medical expenses.(Lopez v. Safeway Stores, Inc.)
March 27, 2006... Byline: Lawyers Weekly USA Staff The collateral source rule allowed a slip-and-fall plaintiff to recover the full amount of her medical expenses, without any reduction for the amounts written off by her healthcare providers, the Arizona...

7th Circuit Court rules false arrest claim accrues on date of arrest.(Wallace v. City of Chicago )(Brief article)(Case overview)
March 27, 2006... Byline: Lawyers Weekly USA Staff A false arrest claim accrues on the date of the arrest, rather than on date the resulting conviction was overturned, the 7th Circuit has ruled.The plaintiff served eight years in prison for his alleged...

5th Circuit Court rules private right of action exists under Federal Housing Act.(Johnson v. Housing Authority of Jefferson Parish )(Brief article)(Case overview)
March 27, 2006... Byline: Lawyers Weekly USA Staff Public housing tenants may sue under Sect. 1983 over their utility allowances, the 5th Circuit has ruled in reversing a dismissal.The court held that "participants in the federal Housing Act voucher program...

1st Circuit Court rules federal sentencing guidelines not presumptively reasonable.(U.S. v. Booker)(U.S. v. Jimenez-Beltre)(drug trafficking cases and regulations)
March 27, 2006... Byline: Lawyers Weekly USA Staff A criminal sentence applying the federal sentencing guidelines does not enjoy a presumption of reasonableness after the U.S. Supreme Court's decision in U.S. v. Booker, the en banc 1st Circuit has ruled....

10th Circuit Court rules stop based on past auto offense is improper.
March 27, 2006... Byline: Lawyers Weekly USA Staff A traffic stop was unconstitutional where it was based solely on an officer's knowledge that the motorist had been caught driving months earlier with a suspended license, the 10th Circuit had ruled.A New...

9th Circuit Court rules police can search home computer for child porn.(U.S. v. Gourde )(Brief article)(Case overview)
March 27, 2006... Byline: Lawyers Weekly USA Staff A defendant's two-month subscription to a website that offered child pornography provided probable cause to justify the search of his home computer, the en banc 9th Circuit has ruled in affirming the denial...

Maryland's high court rules 30-minute traffic stop didn't violate Constitution.
March 27, 2006... Byline: Lawyers Weekly USA Staff The detention of a driver and passenger for 30 minutes after a traffic stop did not violate the Fourth Amendment where a computer malfunction delayed a check for identification and outstanding warrants,...

Georgia Supreme Court rules admission of 911 tape didn't violate confrontation clause.(Pitts v. State)(Emergency reporting systems (Telephone) case)(Case overview)
March 27, 2006... Byline: Lawyers Weekly USA Staff The Confrontation Clause of the U.S. Constitution was not violated when the tape of a 911 emergency phone call made during the commission of a crime was admitted as evidence even though the caller didn't...

CA Court of Appeals rules public urination by defendant can lead to detention, search.(California)
March 27, 2006... Byline: Lawyers Weekly USA Staff The police could detain a defendant and conduct a search based on observing him urinating in public, the California Court of Appeal has ruled. Driving down a busy street, a police officer saw a man...

TN Supreme Court rules activation of patrol car lights constituted seizure of defendant.(State v. Williams)(drunken driving and seizure case)(Brief article)(Case overview)
March 27, 2006... Byline: Lawyers Weekly USA Staff A seizure for purposes of the Fourth Amendment occurred when a police officer pulled up behind a car idling in the street and turned on the blue lights on his squad car, the Tennessee Supreme Court has...

2nd Circuit rules filing of EEOC questionnaire satisfied ADEA exhaustion requirement.(Holowecki v. Federal Express Corp., Age Discrimination in Employment Act of 1967, Equal Employment Opportunity Commission)
March 27, 2006... Byline: Lawyers Weekly USA Staff An employee satisfied the Age Discrimination in Employment Act's exhaustion requirement by filing an intake questionnaire with the EEOC, the 2nd Circuit has ruled.The employee, along with 11 other...

9th Circuit rules retirees cannot sue for past pregnancy discrimination.(Hulteen v. AT&T Corp)(pregnancy discrimination case )(Brief article)(Case overview)
March 27, 2006... Byline: Lawyers Weekly USA Staff An employer didn't violate the federal Pregnancy Discrimination Act when, in calculating service time for current retirement benefits, it failed to award full credit for pregnancy leave taken by female...

2nd Circuit rules benefits determination is subject to de novo review.(Gibbs v. Cigna Corp)(disability rights and employee benefits case)
March 27, 2006... Byline: Lawyers Weekly USA Staff Where an ERISA plan beneficiary's benefits have vested, the summary plan description in effect at the time of vesting governs the standard of review, the 2nd Circuit has ruled. Here, that meant the standard...

9th Circuit rules circumstantial evidence can support Title VII claim.(Cornwell v. Electra Central Credit Union )(racial discrimination case)
March 27, 2006... Byline: Lawyers Weekly USA Staff Title VII does not require a disparate treatment plaintiff relying on circumstantial evidence to produce more, or better, evidence to survive summary judgment than a plaintiff who relies on direct evidence,...

11th Circuit rules sole shareholder of company can't be held liable under Title VII.(Dearth v. Collins)(sexual harassment case)(Brief article)
March 27, 2006... Byline: Lawyers Weekly USA Staff A plaintiff cannot use the "alter ego doctrine" to hold the president and sole shareholder of a company personally liable for sexual harassment under Title VII, the 11th Circuit has ruled in affirming a...

7th Circuit rules erasing company files violated federal Computer Fraud and Abuse Act.(Brief article)
March 27, 2006... Byline: Lawyers Weekly USA Staff A disgruntled employee who, before quitting, erased data from a company laptop could be sued by his employer under the federal Computer Fraud and Abuse Act, the 7th Circuit has ruled in reversing a U.S....

New Jersey Supreme Court rules indigent parents facing risk of jail have right to counsel.(Pasqua v. Council )(child support case)(Case overview)
March 27, 2006... Byline: Lawyers Weekly USA Staff Indigent parents who face possible jail time for their failure to pay child support have a right to court-appointed counsel, the New Jersey Supreme Court has ruled. A group of parents were incarcerated...

New Jersey Appellate Division rules child support obligation not reduced by SSI benefits.(Brief article)
March 27, 2006... Byline: Lawyers Weekly USA Staff A non-custodial parent paying child support is not entitled to credit for SSI benefits received by a disabled child, the New Jersey Appellate Division has ruled.An incarcerated father was ordered to pay...

Ohio Court of Appeals rules surrogate mother who kept children can be liable for breach of contract.
March 27, 2006... Byline: Lawyers Weekly USA Staff A surrogate mother can be liable for breach of contract when she decides to keep the children, the Ohio Court of Appeals has ruled.The surrogate and her husband, a man and an egg donor signed a surrogacy...

California Court of Appeal rules cities and counties can sue over lead paint.
March 27, 2006... Byline: Lawyers Weekly USA Staff California counties and cities can sue paint manufacturers for public nuisance with respect to damage caused by lead paint, the California Court of Appeal has ruled in reversing a dismissal.Santa Clara...

Nebraska Supreme Court rules auto maker can't use contributory negligence to reduce damages.(Shipler v. General Motors Corp)
March 27, 2006... Byline: Lawyers Weekly USA Staff An auto maker found strictly liable for a defectively designed motor vehicle roof could not have its damages reduced by evidence of the plaintiff's drunk driving and seatbelt misuse, the Nebraska Supreme...

11th Circuit rules college student can sue under Title IX for dorm rape.(student-on-student sexual harassment and rape case)(Williams v. Board of Regents of the University System of Georgia)
March 27, 2006... Byline: Lawyers Weekly USA Staff A state university student who was raped in a dorm room by basketball and football players could sue the school under Title IX for student-on-student sexual harassment, the 11th Circuit has ruled in...

VA Supreme Court rules hotel may be liable for shooting in parking lot.(Virginia )(Brief article)
March 27, 2006... Byline: Lawyers Weekly USA Staff A hotel may be held liable to a guest who was shot in the parking lot, the Virginia Supreme Court has ruled.The suit was filed by a plaintiff who was staying at the hotel, located in downtown Roanoke. The...

AZ Court of Appeals rules Oxycontin user can be sued for sharing pills.(Arizona)
March 27, 2006... Byline: Lawyers Weekly USA Staff An Oxycontin user can be sued for sharing his prescription with another person, the Arizona Court of Appeals has ruled in reversing summary judgment for the defendant. At an employee Christmas party, the...

Illinois Appellate Court rules child's suit for injury suffered in utero is time-barred.(medical malpractice case)(Brief article)
March 27, 2006... Byline: Lawyers Weekly USA Staff A child's claim that he was injured in utero by his mother's ingestion of dietary supplements is time-barred - the state's eight-year statute of repose for med-mal claims brought by a minor applies, the...