Lawyers Weekly USA articles from May 2005

Lawyers Weekly USA archives from May 2005

Rising nursing home violence spurs increase in lawsuits.
May 9, 2005... Byline: Nora Lockwood Tooher The Evansville, Ind. nursing home official told Barbara Becker that her mother-in-law had fallen and injured herself. But a conscientious nurse told her the truth: A disturbed patient with a criminal past had...

Outsourcing can give firms a leg up.
May 9, 2005... Byline: Amy Johnson Conner Outsourcing is like hiring someone to prepare your taxes. Sure, you can figure out your home office exemption, but the time you spend doing it could be spent coaching your kid's basketball team instead. The...

Commentary: Ban legalisms from your writing.
May 9, 2005... Byline: Judge Mark P. Painter We can clean up our legal vocabulary by banning legalisms. Not just some, but all. You should never use the following words or phrases: Pursuant to. It's an affectation. Under R.C. 4511.19 makes more...

Commentary: Why the renewed effort to eliminate the federal estate tax?
May 9, 2005... Byline: Jeffrey A. Baskies On April 13, the House of Representatives voted overwhelmingly (272-162) in favor of a full repeal of the federal estate tax. Rising like the Phoenix, this issue once again will make its way to the U.S. Senate....

Arizona COA rules departing attorney can't be forced to forfeit share in law firm.(Fearnow v. Ridenour, Swenson, Cleer & Evans, P.C.)(Court of Appeals)
May 9, 2005... Byline: Lawyers Weekly USA Staff A law firm could not enforce a shareholder agreement that required a departing attorney to forfeit his partnership share in the firm without compensation, the Arizona Court of Appeals has ruled. The...

Out-of-state law firm can't be sued, New Jersey Appellate Division rules.(Reliance National Insurance Co. v. Dana Transport Inc.)
May 9, 2005... Byline: Lawyers Weekly USA Staff A New Jersey court could not assert personal jurisdiction over a Florida law firm that represented a resident in out-of-state proceedings, the New Jersey Appellate Division has ruled. The firm agreed to...

CO COA says debtor's attorneys may be liable for aiding and abetting fraud.(Colorado Court of Appeals)(Brief Article)
May 9, 2005... Byline: Lawyers Weekly USA Staff A bankrupt corporation's attorneys may be held liable for aiding and abetting the corporate president's commission of fraud, the Colorado Court of Appeals has ruled in upholding a jury verdict. The...

Illinois Supreme Court says completion of loan documents not unauthorized practice of law.(cases)(Brief Article)
May 9, 2005... Byline: Lawyers Weekly USA Staff A mortgage company that used non-lawyers to fill out mortgages, notes and other closing documents was not engaged in the unauthorized practice of law, the Illinois Supreme Court has ruled. The defendant...

Student loans not discharged in bankruptcy, New Jersey Appellate Division rules.(New Jersey Higher Education Assistance Authority)(Brief Article)
May 9, 2005... Byline: Lawyers Weekly USA Staff A debtor's discharge by declaration did not eliminate his student loan obligations, the New Jersey Appellate Division has ruled. The New Jersey Higher Education Assistance Authority obtained a judgment...

WI Court of Appeals rules debtor can't assert claims not listed in bankruptcy schedules.(cases)(Brief Article)
May 9, 2005... Byline: Lawyers Weekly USA Staff A debtor is estopped from pursuing claims arising out of a real estate transaction in light of his failure to list these claims as assets in his bankruptcy case - even though his case was dismissed, the...

5th Circuit rules insured can't recover 'diminished value' of vehicle.(cases)(Brief Article)
May 9, 2005... Byline: Lawyers Weekly USA Staff Two auto accident victims were not entitled, under Mississippi law, to recover for their vehicles' diminished value, the 5th Circuit has ruled. The victims were both insureds of the same insurance...

4th Circuit says satellite TV company can sue over pirated transmissions.(cases)(Brief Article)
May 9, 2005... Byline: Lawyers Weekly USA Staff A satellite television company could seek damages from an individual under a federal telecommunications statute making it illegal to intercept encrypted satellite transmissions, the 4th Circuit has ruled in...

Illinois Supreme Court says delivery exclusion doesn't violate public policy.(Progressive Universal Insurance Co. of Illinois )(Brief Article)
May 9, 2005... Byline: Lawyers Weekly USA Staff An insurance company needn't cover a claim against an insured who injured a pedestrian while delivering pizza - a "delivery exclusion" is not void as against public policy, Illinois Supreme Court has ruled...

U.S. Supreme Court to decide if Social Security payments can offset student loans.(cases)(Brief Article)
May 9, 2005... Byline: Lawyers Weekly USA Staff Can the government offset a portion of a debtor's Social Security benefits against his outstanding student loans? The U.S. Supreme Court has agreed to answer this question. The court will review a...

10th Circuit rules defendant entitled to resentencing under 'Booker'.(cases)
May 9, 2005... Byline: Lawyers Weekly USA Staff A defendant convicted for his participation in a fraudulent investment scheme was entitled to resentencing where there was a "reasonable probability" that trial judge would have imposed a different sentence...

Montana Supreme Court finds canine sniff didn't violate Fourth Amendment.(cases)
May 9, 2005... Byline: Lawyers Weekly USA Staff A postal inspector who took a suspicious package to the federal Drug Enforcement Agency for a canine sniff did not violate the Fourth Amendment, the Montana Supreme Court has ruled. The inspector...

Utah Supreme Court says warrants check didn't violate Fourth Amendment.(cases)
May 9, 2005... Byline: Lawyers Weekly USA Staff A police officer's detention of a suspect to check for outstanding warrants did not violate the Fourth Amendment, the Utah Supreme Court has ruled in reversing the Court of Appeals. The officer...

Lawyer let go in reduction in force can't sue, Massachusetts Supreme Judicial Court rules.
May 9, 2005... Byline: Lawyers Weekly USA Staff A 49-year-old attorney who lost her job when an insurer reduced staff in its legal department could not recover damages for age and sex discrimination, Massachusetts' highest court has ruled in affirming a...

Griping on the Net: Free speech or trademark violation?
May 9, 2005... Byline: Correy E. Stephenson Tom Ballock was frustrated, to say the least. He and his wife wanted their new car to have a sunroof. But after the dealer sold them a car with an after-market roof installed, they weren't satisfied with...

Employer can't be sued for sexual assault by employee, CO Supreme Court rules.(cases)
May 9, 2005... Byline: Lawyers Weekly USA Staff The owner of a dry cleaning business can't be held liable for a sexual assault committed by an employee against a minor on the premises, the Colorado Supreme Court has ruled in reversing the Court of...

Suit over prenuptial agreement isn't time-barred, MN Court of Appeals rules.(Brief Article)
May 9, 2005... Byline: Lawyers Weekly USA Staff A legal malpractice complaint arising out of a prenuptial agreement was timely even though it was filed 16 years after the agreement was drafted, the Minnesota Court of Appeals has ruled. The...

Husband exposed to asbestos before marriage; loss of consortium claim OK.(cases)(Brief Article)
May 9, 2005... Byline: Lawyers Weekly USA Staff A loss of consortium claim is not barred by the fact that the husband's exposure to asbestos predated the couple's marriage, Maryland's highest court has ruled. The husband was exposed to asbestos...

No reduction in child support due to adoption subsidy, CO Court of Appeals rules.(Colorado)(Brief Article)
May 9, 2005... Byline: Lawyers Weekly USA Staff A subsidy paid to the custodial parent of an adopted child with special needs cannot be used to offset a father's child support obligations, the Colorado Court of Appeals has ruled. After the parents...

Disabled wife can still get support after ex-husband's death, Indiana Supreme Court rules.(Brief Article)
May 9, 2005... Byline: Lawyers Weekly USA Staff Spousal support may be ordered to continue beyond the death of the obligor, the Indiana Supreme Court has ruled. At the time the parties' marriage dissolved, the wife suffered from multiple sclerosis...

Same-sex couples can be listed as parents on birth certificates, VA Supreme Court rules.(Davenport v. Little-Bowser)(Brief Article)
May 9, 2005... Byline: Lawyers Weekly USA Staff Same-sex couples are entitled to have their adoptive children's birth certificates reissued listing each party as a parent, the Virginia Supreme Court has ruled. Three same-sex couples and their four...

5th Circuit finds pesticide makers can be sued in tort.(Bates v. Dow Agrosciences LLC)
May 9, 2005... Byline: Lawyers Weekly USA Staff The manufacturer of an herbicide that allegedly damaged farmers' peanut crops can be sued under state law - claims for defective design, negligent testing and breach of express warranty are not preempted by...

U.S. Supreme Court to decide if woman who tripped over packages can sue U.S. Postal Service.(Dolan v. USPS U.S. Supreme Court)(Brief Article)
May 9, 2005... Byline: Lawyers Weekly USA Staff Can a woman who was injured when she tripped over letters and packages allegedly left on her porch by a U.S. Post Office employee sue? The U.S. Supreme Court has agreed to answer this question. The...

D.C. Court of Appeals says gun manufacturers can't be sued for negligence, public nuisance.(District of Columbia v. Beretta U.S.A. Corp.)(Brief Article)
May 9, 2005... Byline: Lawyers Weekly USA Staff Plaintiffs who were injured by firearms can't sue the manufacturers and distributors for negligent distribution or public nuisance, the en banc D.C. Court of Appeals has ruled. However, individual...

County workers can be sued for failure to investigate child abuse allegation, MN Supreme Court rules.(Minnesota)(Brief Article)
May 9, 2005... Byline: Lawyers Weekly USA Staff A father can sue for negligence based on county workers' failure to investigate child abuse allegations as required by state law, the Minnesota Supreme Court has ruled. A 19-month-old child was beaten...

Mississippi Supreme Court says home owners can sue inspector.(Pitts v. Watkins)
May 9, 2005... Byline: Lawyers Weekly USA Staff An arbitration agreement in a home inspection contract is unenforceable - and consequently the home owners can sue the inspector, the Mississippi Supreme Court has ruled. A couple purchased a home after...

Massachusetts Supreme Judicial Court rules state can be liable for obstructed stop sign.(Brief Article)
May 9, 2005... Byline: Lawyers Weekly USA Staff A state can be sued for wrongful death based on an obstructed stop sign at the intersection where a fatal accident occurred, Massachusetts' highest court has ruled. The plaintiffs' son was killed in an...

Suicidal plaintiff can sue boyfriend for making gun accessible, Mass. Court of Appeals finds.(Delaney v. Reynolds)(Brief Article)
May 9, 2005... Byline: Lawyers Weekly USA Staff The fact that the plaintiff shot herself did not bar suit against her police officer boyfriend for leaving his weapon in a readily accessible location, the Massachusetts Court of Appeals has ruled. The...

Penn. appellate court says ski resort can be sued for injury caused by intoxicated snowboarder.
May 9, 2005... Byline: Lawyers Weekly USA Staff An exculpatory clause in a lift ticket did not bar a negligence claim filed by a skier against a ski resort after he was struck by an intoxicated snowboarder, a Pennsylvania appellate court has ruled. ...

Connecticut Supreme Court says decedent's communications with attorney privileged.(Brief Article)
May 9, 2005... Byline: Lawyers Weekly USA Staff An attorney may not be ordered to disclose testamentary communications that did not culminate in an executed will, the Connecticut Supreme Court has ruled. The decedent approached the attorney to draft...

Stanford law students help prepare cases for U.S. Supreme Court.
May 9, 2005... Byline: Jaclyn Jaeger Not one of them has graduated from law school yet, and already they've achieved what many veteran lawyers only dream of doing: preparing cases for the nation's highest court - and successful ones at that. Last...

Commentary: Credentials not as important as expert's ability to teach.
May 9, 2005... Byline: Bill Ibelle Credentials or stage presence? When it comes to selecting an expert witness, deciding which quality should take precedence often depends on how central the expert's testimony is to the fundamental question being put...

Research shows that calling damages experts has huge impact on decreasing verdict.
May 9, 2005... Byline: Bill Ibelle Many defense lawyers fear that by calling their own damages experts at trial, they appear to be conceding liability. "But the research says they're wrong," according to trial consultant Edward Schwartz of Lexington,...

Motorcycle-riding lawyer writes children's book to smash 'feeble grandpa' stereotype.
May 9, 2005... Byline: Nora Lockwood Tooher Los Angeles corporate defense lawyer Michael Diamond has two favorite pastimes: riding motorcycles and spending time with his grandchildren. Diamond has combined his two great passions in a new children's...

National law firm hit with $35 million malpractice verdict.(Blanks v. Seyfarth Shaw)
May 9, 2005... Byline: Natalie White California fitness guru Billy Blanks recently won a $35 million malpractice lawsuit against a prominent national law firm that bungled his complaint against an unlicensed talent agent. Blanks, a one-time karate...

Wall Street firm hit with $29 million discrimination award.(Zubulake v. UBS)
May 9, 2005... Byline: Natalie White A federal jury recently awarded $29 million in damages - more than two-thirds in punitives - in a gender discrimination case to a former Wall Street executive who claimed UBS AG discriminated against her and then...

Former TV reporter awarded $2.1 million for pregnancy discrimination.(Miller v. Media General Inc.)
May 9, 2005... Byline: Natalie White A Georgia jury recently awarded $2.1 million to a former television reporter for pregnancy discrimination. Jurors found that Media General, which owns a local television station, discriminated against Melissa...

Verdicts & Settlements: May 9, 2005: $17.1M awarded in birth injury suit.
May 9, 2005... Byline: Lawyers Weekly USA Staff A Snohomish County jury in Washington has awarded $17.1 million to a woman who sued a hospital and two doctors over brain damage to her son, who nearly bled to death in the womb. The award, one of the...

Verdicts & Settlements: May 9, 2005: $1.2M for wrongful arrest at Babies R Us.
May 9, 2005... Byline: Lawyers Weekly USA Staff A South Carolina jury has awarded $1.2 million to a mother and daughter who were arrested on shoplifting charges after paying for cookies, toys and other items at a Babies R Us store. The Charleston...

Verdicts & Settlements: May 9, 2005: Judge awards $21.9M in Holocaust-era case against Swiss banks.
May 9, 2005... Byline: Lawyers Weekly USA Staff A New York federal judge has approved a $21.9 million award to the heirs of two wealthy families victimized by the Holocaust, more than 65 years after a Swiss bank passed their fortune to the Nazis. The...

Verdicts & Settlements: May 9, 2005: $2.5M settlement reached over bicycle injury.
May 9, 2005... Byline: Lawyers Weekly USA Staff The city of Palos Heights, Ill. agreed on April 13 to pay $2.5 million to a woman who was injured while riding her bicycle. Jane Carvey, then 42, was riding along the Palos Heights bicycle path along...

Verdicts & Settlements: May 9, 2005: $6.9M awarded in suit over child born with cerebral palsy.
May 9, 2005... Byline: Lawyers Weekly USA Staff A Maryland jury on April 14 awarded $6.9 million in a medical malpractice suit over brain damage suffered during childbirth. Ladrea Stanton, now 3, is blind and has cerebral palsy. She has limited...

Verdicts & Settlements: May 9, 2005: First Olympic bombing lawsuit settled.
May 9, 2005... Byline: Lawyers Weekly USA Staff A woman injured in the bombing at the Atlanta Olympics has settled her lawsuit against the event's organizing committee for a confidential amount. The suit becomes the first stemming from the bombing to...

Verdicts & Settlements: May 9, 2005: $43.7M awarded against Ford in fiery crash.
May 9, 2005... Byline: Lawyers Weekly USA Staff An Illinois jury awarded more than $43.7 million to the family of a 74-year-old man who died when his car caught fire after it was struck from behind. The July 2003 accident also severely burned John...

Verdicts & Settlements: May 9, 2005: State to pay $550K in child abuse case.
May 9, 2005... Byline: Lawyers Weekly USA Staff The grandparents of a 2-year-old girl who was beaten and burned to death agreed to a $550,000 settlement with the state of Alabama in a lawsuit against four St. Clair County social workers. Victoria...

Verdicts & Settlements: May 9, 2005: $6.4 M settlement for woman brain damaged during childbirth.
May 9, 2005... Byline: Lawyers Weekly USA Staff A hospital and doctor in New York have agreed to pay $6.4 million to settle a lawsuit filed over their care of a woman who suffered permanent brain damage while giving birth. The April 14 settlement...

Verdicts & Settlements: May 9, 2005: $10.3M awarded to bicyclist hit by drunken driver.
May 9, 2005... Byline: Lawyers Weekly USA Staff A Palm Beach County jury on April 14 awarded $10.3 million to a high school teacher who was struck by a van while riding his bicycle. David Jones, 63, was riding his bicycle in Boca Raton with fellow...

U.S. Supreme Court Decisions: May 9, 2005.(cases)(Brief Article)
May 9, 2005... Byline: Lawyers Weekly USA Staff PESTICIDE SUITS The manufacturer of an herbicide that allegedly damaged farmers' peanut crops can be sued under state law - claims for defective design, negligent testing and breach of express warranty...

U.S. Supreme Court Certiorari Granted: May 9, 2005.(cases)
May 9, 2005... Byline: Lawyers Weekly USA Staff FEDERAL TORT CLAIMS ACT Can a woman who was injured when she tripped over letters and packages allegedly left on her porch by a U.S. Post Office employee sue? U.S. Supreme Court. Dolan v. USPS, No....

Will patent reform become a reality?
May 23, 2005... Byline: Correy E. Stephenson Patent lawyers may soon find themselves in the same situation as bankruptcy attorneys -coping with an overhaul of their legal system. A draft of a reform bill has been circulated by the House Subcommittee...

Risky Business: Unstable pensions complicate divorce settlements.
May 23, 2005... Byline: Nora Lockwood Tooher A looming pension crisis is impacting millions of Americans - including those in the throes of divorce. A defined benefit plan that guarantees monthly pension income at retirement is often a couple's...

Jet company held liable for abducted dhildren.(Streeter v. Executive Jet Management Inc.)
May 23, 2005... Byline: Amy Johnson Conner A Connecticut jury socked the country's largest private jet charter company with a $27 million verdict for allowing a father to use a jet to kidnap his children to Egypt. The father was able to charter the...

Religious discrimination claims are on the rise.
May 23, 2005... Byline: Amy Johnson Conner The number of religious discrimination claims filed with the Equal Employment Opportunity Commission continues to increase. Since 2001, the number of claims filed with the federal agency has jumped 16 percent...

Commentary: There's buried treasure in your documents.
May 23, 2005... Byline: Bruce L. Dorner Our paper documents are a legal treasure chest. Not only do they contain pearls of legal wisdom to be shared with our clients, but they also includeburied artifacts that may be both beneficial and harmful. These...

8th Circuit affirms holding law firm in contempt for advising debtor what bills to pay.(Chicago Truck Drivers, Helpers & Warehouse Workers Union Pension Fund v. Brotherhood Labor Leasing)
May 23, 2005... Byline: Lawyers Weekly USA Staff A law firm that advised a debtor to pay other bills before paying a court-ordered judgment could be held in civil contempt of court and sanctioned, the 8th Circuit has ruled in affirming a U.S. District...

10th Circuit rules employer can discharge obligation to make contributions to ERISA plan.(Employee Retirement Income Security Act of 1974)
May 23, 2005... Byline: Lawyers Weekly USA Staff An employer who agreed to make contributions to an ERISA-covered employee benefit plan on behalf of its employees isn't a fiduciary - and therefore debt consisting of unpaid contributions is dischargeable...

6th Circuit rules attorney must return fees earned prior to client's bankruptcy.
May 23, 2005... Byline: Lawyers Weekly USA Staff A lawyer who served as a company's general counsel could be required to repay a portion of the fees he earned during the year preceding his client's filing for bankruptcy, the 6th Circuit has ruled in...

4th Circuit rules health plan can get reimbursement under ERISA.(Employee Retirement Income Security Act of 1974)(Brief Article)
May 23, 2005... Byline: Lawyers Weekly USA Staff A health plan's reimbursement from a plan beneficiary who received payments from a third party constitutes "appropriate equitable relief" under ERISA, the 4th Circuit has ruled. The plan, which paid...

4th Circuit rules insurer need not defend junk fax suit.(Brief Article)
May 23, 2005... Byline: Lawyers Weekly USA Staff An insurance company was under no duty to defend a policyholder against a class action brought under the Telephone Consumer Protection Act, the 4th Circuit has ruled. The class action alleged that the...

Florida Supreme Court rules compensatory damages reduced by medical bills can be set off by HMO.(health maintenance organization, Goble v. Frohman )
May 23, 2005... Byline: Lawyers Weekly USA Staff A court may set off against the compensatory damages awarded in a personal injury action the medical bills that were written off by medical providers pursuant to their contracts with an HMO, the Florida...

Illinois Appellate Court rules out-of-state pathology lab can be sued for malpractice.(Brief Article)
May 23, 2005... Byline: Lawyers Weekly USA Staff An Illinois court could exercise personal jurisdiction over a Michigan pathology lab that allegedly failed to properly analyze a medical malpractice plaintiff's tissue sample, the Illinois Appellate Court...

LA Court of Appeals rules suicide note admissible as dying declaration.(Garza v. Delta Tau Delta Fraternity)(Brief Article)
May 23, 2005... Byline: Lawyers Weekly USA Staff A suicide note written by a college student is admissible under the dying declaration exception to the hearsay rule, the Louisiana Court of Appeals has ruled. A college student committed suicide,...

NM Supreme Court rules insured failed to get insurer's consent to settlement.(New Mexico)
May 23, 2005... Byline: Lawyers Weekly USA Staff An insurance company must show it was prejudiced by the breach of a consent-to-settle provision before it can be relieved of its obligation to pay underinsured motorist benefits, the New Mexico Supreme Court...

7th Circuit rules state 'right of publicity' claim not preempted by federal law.(Toney v. L'Oreal USA Inc.)(Brief Article)
May 23, 2005... Byline: Lawyers Weekly USA Staff A state "right of publicity" claim was not preempted by federal copyright law, the 7th Circuit has ruled. A woman agreed to allow her photograph to be used to advertise a company's hair products for a...

4th and 8th Circuits rule defendants not entitled to resentencing under 'Booker'.(Brief Article)
May 23, 2005... Byline: Lawyers Weekly USA Staff Two defendants were not entitled to resentencing where the judge's erroneous treatment of the sentencing guidelines as mandatory did not result in longer sentences than they otherwise would have received,...

CA Court of Appeals rules warrantless search may be based on anonymous tip.(People v. Dolly)
May 23, 2005... Byline: Lawyers Weekly USA Staff An anonymous tip was sufficient to justify a warrantless search of the defendant's vehicle, the California Court of Appeal has ruled. Two Los Angeles police officers on patrol were informed of a...

10th Circuit rules defendant's waiver of appeal rights enforceable.(U.S. v. Green)
May 23, 2005... Byline: Lawyers Weekly USA Staff A defendant who waived his right to appeal in pleading guilty to robbery was not entitled to resentencing even though the mandatory application of the federal sentencing guidelines was subsequently declared...

WI Court of Appeals rules administration of laxatives to defendant violates 4th Amendment.(State v. Payano-Roman)
May 23, 2005... Byline: Lawyers Weekly USA Staff The police violated the Fourth Amendment where they had a laxative administered to a defendant suspected of having ingested drugs, the Wisconsin Court of Appeals has ruled. Two Milwaukee police officers...

11th Circuit rules plaintiff can sue for hostile work environment.
May 23, 2005... Byline: Lawyers Weekly USA Staff The fact that a plaintiff's EEOC charge did not contain specific allegations of hostile work environment discrimination did not result in his claim being barred, the 11th Circuit has ruled. The...

10th Circuit rules public worker fired for her speech can sue under Sect. 1983.(McFall v. Bednar)
May 23, 2005... Byline: Lawyers Weekly USA Staff An employee of a state agency that provided counsel for indigent criminal defendants could sue under 42 U.S.C. Sect. 1983 for an alleged violation of her First Amendment rights where she was terminated after...

AZ Supreme Court rules grandparents don't need clear and convincing evidence to get custody.(Kent K. v. Bobby M.)(Brief Article)
May 23, 2005... Byline: Lawyers Weekly USA Staff In order to terminate the parental rights of a child's father, her maternal grandparents do not need to prove by clear and convincing evidence that termination would be in the child's best interests, the...

MN Court of Appeals rules wife entitled to contingent fees from ex-husband's law firm.(Minnesota)(Brief Article)
May 23, 2005... Byline: Lawyers Weekly USA Staff Contingency fees earned by a husband's law practice and attributable to work during his marriage should be treated as marital property, the Minnesota Court of Appeals has ruled in reversing a trial court....

MA Supreme Judicial Court rules ex-husband can get some of wife's life insurance proceeds.(Foster v. Hurley)
May 23, 2005... Byline: Lawyers Weekly USA Staff A separation agreement requiring a wife to maintain life insurance policies naming her ex-husband as the beneficiary is enforceable, but the agreement doesn't apply to a different policy obtained after the...

Arkansas Supreme Court rules stepparent can get visitation even though natural parent objects.(Robinson v. Ford-Robinson)(Brief Article)
May 23, 2005... Byline: Lawyers Weekly USA Staff A stepmother may be awarded visitation over the objections of the child's natural father, the Arkansas Supreme Court has ruled. When the parties divorced, the stepmother sought visitation with her...

CA Supreme Court rules surgical device claim not time-barred.(California)
May 23, 2005... Byline: Lawyers Weekly USA Staff A products liability claim over a surgical device was not time-barred even though it was brought more that one year after the plaintiff's underlying medical malpractice claim accrued, the California Supreme...

Maine Supreme Judicial Court rules church can be sued for breach of fiduciary duty.
May 23, 2005... Byline: Lawyers Weekly USA Staff A Roman Catholic diocese can be sued for breach of fiduciary duty for its allegedly negligent supervision of a priest who sexually abused the plaintiff, Maine's highest court has ruled. The plaintiff, a...

MD appellate court rules wrongful death action is not time-barred.(Maryland)(Brief Article)
May 23, 2005... Byline: Lawyers Weekly USA Staff A widow's wrongful death action was timely if she was unaware that her late husband's mesothelioma was caused by asbestos exposure, a Maryland appellate court has ruled. The husband, who worked as a...

MN Supreme Court rules customer can sue over unidentified object in muffin.(Minnesota)
May 23, 2005... Byline: Lawyers Weekly USA Staff A restaurant customer who claimed injuries from a foreign object in her muffin can sue without identifying the object, the Minnesota Supreme Court has ruled. A customer purchased a pumpkin muffin from a...

MD Court of Special Appeals rules hotel can be sued by man shot at party.(Maryland )(Brief Article)
May 23, 2005... Byline: Lawyers Weekly USA Staff A hotel had a duty to take affirmative action to protect the decedent, an invitee of a hotel guest, from an unknown third party who shot him during a party in a guest room, a Maryland appellate court has...

OR Court of Appeals rules prep school liable for expelling student who was raped.(Shin v. Sun River Preparatory School Inc.)
May 23, 2005... Byline: Lawyers Weekly USA Staff A private boarding school can be held liable for inflicting emotional distress on an international student who was raped by her father while in the school's care, the Oregon Court of Appeals has ruled. ...