Lawyers Weekly USA articles from November 2005

Lawyers Weekly USA archives from November 2005

3rd Circuit rules seller of falsely marketed health food can be ordered to reimburse customers.(U.S. v. Lane Labs-USA, Inc.)
November 7, 2005... Byline: Lawyers Weekly USA Staff A company that falsely promoted its health food products for the treatment of cancer could be ordered to pay restitution to consumers for violating the federal Food, Drug and Cosmetic Act, the 3rd Circuit...

New U.S. Supreme Court nominee, Samuel Alito, faces firestorm of opposition.
November 7, 2005... Byline: Reni Gertner With President Bush's nomination of conservative jurist Samuel Alito to the U.S. Supreme Court, Congress and the country are bracing for a contentious confirmation battle. The announcement that Alito had been...

Application service providers (ASPs) seem to be on the verge of a comeback.
November 7, 2005... Byline: Reni Gertner Application service providers (ASPs) - which allow law firms to rent a wide range of software services online for a monthly fee - seems to be on the verge of a comeback. After a surge of popularity in the late 90's...

Employers are running the risk of resume screening lawsuits.
November 7, 2005... Byline: Nora Lockwood Tooher A boom in Internet-based screening tests is helping employers cull through thousands of resumes. But they could face legal challenges if they're not careful about how these pre-employment tests are designed and...

Legal experts agree that little has changed in federal sentencing since Booker decision.
November 7, 2005... Byline: Correy E. Stephenson Nearly one year after a landmark U.S. Supreme Court decision invalidated the mandatory application of the federal sentencing guidelines, little has changed. "It's pretty much business as usual," sentencing...

Federal agencies are creating 'back door' tort reform.
November 7, 2005... Byline: Reni Gertner The National Highway Traffic Safety Administration and other federal agencies are tucking provisions into proposed federal regulations that would preempt state tort claims that conflict with the federal standards. ...

6th Circuit rules bad faith debtor doesn't have right to convert case to Chapter 13.(Copper v. Copper)
November 7, 2005... Byline: Lawyers Weekly USA Staff A Chapter 7 debtor doesn't have an absolute right to convert his case to Chapter 13, and therefore a conversion could be denied because of his bad faith, the 6th Circuit has ruled. When he was denied a...

10th Circuit rules debtor who lied about her personal wealth cannot discharge loan.(Cadwell v. Joelson)
November 7, 2005... Byline: Lawyers Weekly USA Staff A debtor who lied about the extent of her personal assets in order to obtain a loan could not have the debt discharged in bankruptcy, the 10th Circuit has ruled in affirming a Bankruptcy Appellate Panel. ...

MA Appeals Court rules debtor who committed perjury cannot sue for malpractice.(Massachusetts)(Choquette v. Isacoff)
November 7, 2005... Byline: Lawyers Weekly USA Staff A client couldn't sue his bankruptcy attorney for malpractice where he participated in fraud that led to sanctions and the denial of his discharge, the Massachusetts Appeals Court has ruled. Prior to...

7th Circuit rules lender can obtain credit reports without consent.(Stergiopoulos v. First Midwest Bancorp Inc.)
November 7, 2005... Byline: Lawyers Weekly USA Staff Third-party lenders who are considering whether to take on auto loans can obtain credit reports without a consumer's knowledge or consent, the 7th Circuit has ruled in affirming a summary judgment. Two...

OR Court of Appeals rules $21M punitive award is unconstitutional.(Goddard v. Farmers Insurance Co. of Oregon)(Oregon)
November 7, 2005... Byline: Lawyers Weekly USA Staff A $21 million punitive award for an insurer's failure to settle a wrongful death claim is unconstitutionally excessive where the jury awarded less than $900,000 in compensatories, the Oregon Court of...

10th Circuit rules arbitration clause can bar appellate review.
November 7, 2005... Byline: Lawyers Weekly USA Staff A party that received a $4.5 million arbitration award in a dispute over royalties could enforce a contract provision that prevented either party from appealing the award beyond the district court level, the...

WI Court of Appeals rules crash reconstruction evidence not admissible.(State v. Sipin )(Brief Article)
November 7, 2005... Byline: Lawyers Weekly USA Staff Evidence generated by a computer-generated crash reconstruction program was not admissible in a vehicular homicide case because the state failed to establish its reliability, the Washington Court of Appeals...

7th Circuit rules junk fax claim can be removed to federal court.(Brill v. Countrywide Home Loans Inc.)(Brief Article)
November 7, 2005... Byline: Lawyers Weekly USA Staff Junk fax claims brought under the Telephone Consumer Protection Act are removable to federal court, the 7th Circuit has ruled. A recipient of an unsolicited fax advertisement sued the sender, alleging a...

1st Circuit rules contract didn't require more rigorous review of arbitration award.(Puerto Rico Telephone Co. Inc. v. U.S. Phone Manufacturing Corp.)
November 7, 2005... Byline: Lawyers Weekly USA Staff Choice-of-law provisions in a contract were insufficient to replace the federal standard of review for arbitration awards with the more rigorous review allowed by local law, the 1st Circuit has ruled. A...

2nd Circuit rules alternative sentences violate criminal defendant's Sixth Amendment rights.(U.S. v. Fuller)
November 7, 2005... Byline: Lawyers Weekly USA Staff A federal judge violated a criminal defendant's Sixth Amendment rights even though she issued identical "alternative" sentences to take into account the possibility that the mandatory application of the...

CT Supreme Court rules search without consent of both homeowners violated state constitution.(State v. Brunetti)
November 7, 2005... Byline: Lawyers Weekly USA Staff A search of a murder defendant's home violated the state constitution because only one of the defendant's parents consented to the search, the Connecticut Supreme Court has ruled. The defendant, who...

Indiana Court of Appeals rules chemical smell justified apartment search.(Brief Article)
November 7, 2005... Byline: Lawyers Weekly USA Staff Police officers investigating a strong smell of ether coming from an apartment where a small child was present did not violate the defendant's Fourth Amendment rights by entering the apartment, the Indiana...

North Dakota Supreme Court rules repeat traffic stop was constitutional.(State v. Bartelson)(Brief Article)
November 7, 2005... Byline: Lawyers Weekly USA Staff Police officers who stopped a defendant's car twice within a short period of time for the same traffic violation did not violate his Fourth Amendment rights, the North Dakota Supreme Court has ruled. ...

6th Circuit rules friend cannot authorize search of guest's bag.(U.S. v. Waller)
November 7, 2005... Byline: Lawyers Weekly USA Staff A man who gave a guest permission to use the apartment to take showers and store his personal belongings lacked the authority to allow the police to search the guest's luggage, the 6th Circuit has ruled....

10th Circuit rules age claim barred by plaintiff's failure to cooperate with EEOC.(Shikles v. Sprint/United Management Co)
November 7, 2005... Byline: Lawyers Weekly USA Staff An age discrimination plaintiff could not sue in federal court where he allegedly failed to cooperate with the EEOC's investigation of his underlying administrative claim, the 10th Circuit has ruled in...

10th Circuit rules age claim barred by plaintiff's failure to cooperate with EEOC.(Weaver v. Harpster )
November 7, 2005... Byline: Lawyers Weekly USA Staff An at-will employee can sue her former employer for wrongful discharge based on sexual harassment even though the company had too few workers to be covered by the state civil rights statute, a Pennsylvania...

CT Supreme Court rules employer strictly liable for interference with family leave rights.(Cendant Corp. v. Commissioner of Labor )(Brief Article)
November 7, 2005... Byline: Lawyers Weekly USA Staff An employer may be held strictly liable for not reinstating an employee in accordance with the state's family leave statute, the Connecticut Supreme Court has ruled. The plaintiff, who worked as the...

CA Court of Appeal rules biological father doesn't have right to establish paternity.(California)(Lisa I. v. Superior Court of Los Angeles County)
November 7, 2005... Byline: Lawyers Weekly USA Staff An alleged biological father doesn't have standing to contest the paternity of a child conceived by a married woman during a period of separation and born after a divorce, the California Court of Appeal has...

WI Court of Appeals rules child support arrearage survives adoption.(Hernandez v. Allen )(Brief Article)
November 7, 2005... Byline: Lawyers Weekly USA Staff A father's child support arrearage was not extinguished when the child was adopted, the Wisconsin Court of Appeals has ruled. A divorced father, whose wife remarried, consented to the termination of his...

3rd Circuit Court rules tenant can't sue U.S. for lead paint poisoning.(Cudjoe v. Department of Veterans Affairs)
November 7, 2005... Byline: Lawyers Weekly USA Staff A tenant of an apartment house allegedly located on federal land could not sue the government for lead paint poisoning, the 3rd Circuit has ruled in affirming a dismissal. The plaintiffs' two-year-old...

New Jersey Supreme Court rules negligence can be inferred from malfunctioning of automatic doors.(Jerista v. Murray)
November 7, 2005... Byline: Lawyers Weekly USA Staff An inference that a store owner negligently maintained its automatic doors arose where the doors malfunctioned and injured a customer, the New Jersey Supreme Court has ruled in reversing a summary judgment....

7th Circuit rules med-mal claim doesn't satisfy FTCA exhaustion requirements.(Federal Tort Claims Act)(Warrum v. U.S.)
November 7, 2005... Byline: Lawyers Weekly USA Staff The pursuit of administrative remedies for an underlying medical malpractice claim does not satisfy the Federal Tort Claims Act's exhaustion requirement for a wrongful death claim filed after the patient...

Tennessee Supreme Court rules doctor who didn't report signs of child abuse can be sued.(Draper v. Westerfield)
November 7, 2005... Byline: Lawyers Weekly USA Staff A doctor who reviewed the medical records of a suspected victim of child abuse can be sued for negligently failing to conclude that abuse had occurred, the Tennessee Supreme Court has ruled in reversing a...

Texas Supreme Court rules negligent supervision suit against nursing home is time-barred.(Diversicare General Partner, Inc. v. Rubio )(Brief Article)
November 7, 2005... Byline: Lawyers Weekly USA Staff A negligent supervision claim against a nursing home for a patient-on-patient sexual assault was subject to the shorter statute of limitations for medical malpractice, not the statute of limitations for...

NY Appellate Court rules no wrongful death damages for loss of gay partner.(New York)(Langan v. St. Vincent's Hospital of New York )(Brief Article)
November 7, 2005... Byline: Lawyers Weekly USA Staff A gay man could not recover damages from a hospital for the allegedly wrongful death of his partner, the New York Appellate Division has ruled. After many years of living together, two New York men...

CA Court of Appeal rules 'sophisticated user' defense bars claim of repairman exposed to poison gas.(California)(Johnson v. American Standard, Inc)
November 7, 2005... Byline: Lawyers Weekly USA Staff An air conditioner technician could not recover products liability damages for injuries he suffered while repairing a unit because the manufacturer could expect workers in his field to take adequate...

Florida Court of Appeal rules passenger may be sued over traffic accident.(Roos v. Morrison )(Brief Article)
November 7, 2005... Byline: Lawyers Weekly USA Staff A passenger may be held liable for negligence for injuries resulting from a traffic collision, the Florida Court of Appeal has ruled. The defendant, who was a passenger in a sport utility vehicle,...

FL Court of Appeal rules student expelled for being gay can't recover for 'emotional distress'.(Florida)(Woodard v. Jupiter Christian School, Inc)(Brief Article)
November 7, 2005... Byline: Lawyers Weekly USA Staff A student at a religious school couldn't recover for negligent infliction of emotional distress when he was expelled after a chaplain told school officials he was gay, the Florida Court of Appeal has ruled....

ND Supreme Court rules surviving spouse of joint tenant can't claim probate homestead.(North Dakota)(Seehafer v. Seehafer )
November 7, 2005... Byline: Lawyers Weekly USA Staff The surviving spouse of a joint tenant can't impose a probate homestead on the property, the North Dakota Supreme Court has ruled. A mother deeded the family farm to her two sons as joint tenants. One...

CA Court of Appeal rules alien workers can receive workers' comp.(California)(Farmers Brothers Coffee v. Workers' Compensation Appeals Board)(workers' compensation)
November 7, 2005... Byline: Lawyers Weekly USA Staff A state workers' compensation law including aliens in the definition of "employees" entitled to benefits is not preempted by federal immigration law, the California Court of Appeal has ruled. An...

OK Court of Appeal rules worker who fell due to alcohol withdrawal is covered by worker's comp.(Oklahoma)(Pemberton Chevrolet, Inc. v. Harger)(workers' compensation)
November 7, 2005... Byline: Lawyers Weekly USA Staff A worker who fell at work due to alcohol withdrawal symptoms is covered by workers' compensation, the Oklahoma Court of Appeals has ruled. The plaintiff was an auto worker who was injured after stubbing...

TN Supreme Court rules worker hurt at company picnic not eligible for workers' comp.(Tennessee)(Young v. Taylor-White, LLC )
November 7, 2005... Byline: Lawyers Weekly USA Staff An employee who was injured while participating in a three-legged race at a company picnic is not eligible for workers' compensation benefits, the Tennessee Supreme Court has ruled in reversing a trial...

Law firms respond to corporate demands for diversity.
November 7, 2005... Byline: Natalie White A year after experiencing renewed diversity demands from general counsel around the country, more law firms appear to be taking notice, taking stock and taking action. While it's too early to tell if approaches...

Chicago Bar spearheads plan to promote women lawyers.
November 7, 2005... Byline: Nora Lockwood Tooher In an ambitious diversity plan, the Chicago Bar Association is urging firms to promote more women into partnership positions. Also dubbed a "Call To Action," the plan aims to boost leadership opportunities...

Small firm lawyers carve out Supreme Court niche.(Thomas Goldstein)(Amy Howe)
November 7, 2005... Byline: Sylvia Hsieh Not only was Thomas Goldstein present on the day that John Roberts took over as Chief Justice of the Supreme Court, he was the first lawyer to argue a case before the new Court. That's not all that surprising,...

Commentary: Innovative approaches to Internet marketing.
November 7, 2005... Byline: Amy Johnson Conner Your firm spent a great deal of time and money perfecting its website. But so did every other firm in your region and practice area. And now your site is as distinctive as an emperor penguin in a huddle...

Lawyers answer our question: 'the best piece of advice I ever got ... '.
November 7, 2005... Byline: Nora Lockwood Tooher What was the best piece of professional or personal advice you ever got? That was the question posed to lawyers attending a recent seminar held by the National Association of Women Lawyers seminar in...

4th Circuit Court rules Ford failed to warn about danger of riding with seat reclined.(Ford Motor Co.)
November 7, 2005... Byline: Natalie White Shortly after a Florida jury hit Ford Motor Co. with a $12.9 million verdict, paraplegic Tami Martin said she would give half her award back if the automobile company agrees to forgo an appeal and start warning people...

Mississippi court finds restaurant liable when off-duty cook breaks customer's neck.(Foradori v. Captain D's)
November 7, 2005... Byline: Natalie White A Mississippi jury recently awarded nearly $21 million to a young man who was paralyzed five years ago during a fight a cook at Captain D's restaurant in Tupelo. Michael Foradori Jr. sued the restaurant saying it...

Massachusetts court rules police union liable for retaliation in sexual harassment claim.(Dixon v. International Brotherhood of Police Officers)
November 7, 2005... Byline: Natalie White A Massachusetts jury recently awarded $2.2 million in damages to a former Lowell police officer who said she was retaliated against by her union for saying she was sexually harassed by male colleagues during a...

Verdicts & Settlements November 7, 2005: Accused spyware installer settles lawsuit.(Intermix Media Inc.'s Brad Greenspan)
November 7, 2005... Byline: Lawyers Weekly USA Staff The former chief executive of a company accused of secretly installing adware and spyware on millions of home computers agreed to pay $750,000 after an investigation by New York Attorney General Eliot...

Verdicts & Settlements November 7, 2005: AIDS drug maker to pay $704M to settle fraud allegations.
November 7, 2005... Byline: Lawyers Weekly USA Staff Serono Laboratories agreed on Oct. 17 to pay $704 million and plead guilty to federal conspiracy charges that it increased the market for the AIDS drug Serostim by offering kickbacks to doctors and by...

Verdicts & Settlements November 7, 2005: Heinz-Kerry settles wrongful death suit for $15M.(Brief Article)
November 7, 2005... Byline: Lawyers Weekly USA Staff A lawsuit filed by Teresa Heinz Kerry after her first husband, U.S. Sen. John Heinz, died in a midair collision in 1991 was settled for $15 million, according to newly unsealed court records. The 1997...

Verdicts & Settlements November 7, 2005: $1.6 Million for legal malpractice.(Brief Article)
November 7, 2005... Byline: Lawyers Weekly USA Staff Nebraska's second-largest law firm has been slammed with a $1.6 million malpractice verdict. A Douglas County jury voted 11 to 1 last month against McGrath North Mullin & Kratz, ruling that the firm...

Verdicts & Settlements November 7, 2005: City must pay $17.5M over fatal police chase.(Brief Article)
November 7, 2005... Byline: Lawyers Weekly USA Staff A Cook County jury in Illinois awarded $17.5 million on Oct. 25 to the husband of a pregnant woman killed when she was struck by a car during a police chase. After seven hours of deliberations on Oct....

Verdicts & Settlements November 7, 2005: $13.4M award for woman's death after childbirth.(Brief Article)
November 7, 2005... Byline: Lawyers Weekly USA Staff A New York jury awarded $13.1 million on Oct. 14 to the family of a woman who died after giving birth. Sabine Elias, 36, died of internal bleeding two days after giving birth to her fourth child in...

Verdicts & Settlements November 7, 2005: Moose Lodge ordered to pay $14M for drunk driving accident.(Brief Article)
November 7, 2005... Byline: Lawyers Weekly USA Staff A Washington jury ordered a Bellingham Moose Lodge to pay $14 million on Oct. 21 for a drunken driving accident that killed one person and injured four others, including an infant. In April 2000, Bianca...

Verdicts & Settlements November 7, 2005: $12M settlement reached in fatal billboard collapse.(Brief Article)
November 7, 2005... Byline: Lawyers Weekly USA Staff A lawsuit involving the deaths of three people crushed by a giant billboard that collapsed three years ago has been settled for $12 million. Joshua and Anthony Fowler died on Aug. 1, 2002, when a...

Verdicts & Settlements November 7, 2005: $1.3M settlement in death of motorcyclist.(Brief Article)
November 7, 2005... Byline: Lawyers Weekly USA Staff The widow of a man who was killed when a newspaper delivery truck collided with the motorcycle he was riding settled her wrongful death lawsuit on Oct. 7 for $1.34 million. John Charles Moarn was killed...

Verdicts & Settlements November 7, 2005: FedEx settles race discrimination suit for $500K.(Brief Article)
November 7, 2005... Byline: Lawyers Weekly USA Staff FedEx Freight East will pay $500,000 to settle a lawsuit filed by the EEOC over allegations that the company discriminated against black dockworkers in St. Louis. FedEx Freight East is a subsidiary of...

U.S. Supreme Court Decisions November 7, 2005.(Kane v. Espitia)(Eberhart v. U.S.)(Brief Article)
November 7, 2005... Byline: Lawyers Weekly USA Staff HABEAS CORPUS The right of a pro se defendant to law library access is not "clearly established," and therefore the violation of that right may be the basis for federal habeas corpus relief. Kane...

U.S. Supreme Court Certiorari Granted November 7, 2005.
November 7, 2005... Byline: Lawyers Weekly USA Staff CRIMINAL LAW Are an emergency 911 call and a victim's oral statements to a police officer testimonial statements inadmissible under the Confrontation Clause when the caller or speaker can't be found to...

Old legal tool may be put to work in New Orleans.
November 21, 2005... Byline: Reni Gertner Lawyers, legislators and housing authorities in New Orleans are evaluating an innovative plan for rebuilding the city that would give the government temporary control over residents' private property. In essence,...

New Jersey-based Merck & Co. scores victory in N.J. Vioxx trial.
November 21, 2005... Byline: Nora Lockwood Tooher The score is now tied 1 to 1 in the legal war between Merck & Co. and more than 6,000 plaintiffs who claim the pain medication Vioxx caused their heart attacks and strokes. But Merck's Nov. 3 victory in New...

Health care whistleblower suits are on the rise.
November 21, 2005... Byline: Correy E. Stephenson "Qui tam" - it may not sound like a billion-dollar industry, but it is. The Latin phrase for the federal False Claims Act provision allowing whistleblowers to bring suit on behalf of the U.S. government -...

Vioxx jurors hired to prep lawyers for future cases.
November 21, 2005... Byline: Sylvia Hsieh In a new twist on an old trial preparation strategy, lawyers have been paying jurors from the first Vioxx trial to find out what arguments worked and what didn't when they awarded a Texas plaintiff $253 million last...

Drexel University 's College of Law in Philadelphia unveils co-op program.
November 21, 2005... Byline: Correy E. Stephenson When Drexel University's College of Law opens its doors in the fall of 2006, its students will be required to complete more than just the typical law school curriculum. In addition to property, torts and...

Commentary: Reader examples of bad legal writing.
November 21, 2005... Byline: Judge Mark P. Painter Many readers have sent me grammar and usage questions - or examples of goofy legal writing. In this column, I set out some that might be of general interest. Problems With Civil Rule 38 This rule...

Commentary: Protecting yourself from the 'costs' of malpractice.
November 21, 2005... Byline: Nancy Byerly Jones Practicing attorneys are more likely than not to be slapped with at least three malpractice claims during the course of their careers. Many of these claims have no merit and are ultimately dismissed. Even the...

Ohio Supreme Court rules limitations period in auto insurance policy is enforceable.(Sarmiento v. Grange Mutual Casualty Co.)
November 21, 2005... Byline: Lawyers Weekly USA Staff A two-year contractual limitations period for uninsured/underinsured motorist claims in an auto insurance policy was enforceable regardless of whether the state in which the accident occurred provided a...

Pennsylvania court rules statements made after lawyer withdrew from case are still privileged.(re Investigating Grand Jury)
November 21, 2005... Byline: Lawyers Weekly USA Staff The attorney-client privilege protects statements a client made to a lawyer even after the lawyer withdrew from the case, a Pennsylvania appellate court has ruled. The attorney had represented a client...

1st Circuit Court rules debtor doesn't have absolute right to convert.(Marrama v. Citizens Bank of Massachusetts )
November 21, 2005... Byline: Lawyers Weekly USA Staff A Chapter 7 debtor did not have an absolute right to convert to a Chapter 13 bankruptcy, the 1st Circuit has ruled. Prior to filing for Chapter 7 bankruptcy, the debtor transferred real estate into a...

Indiana Supreme Court rules auto insurance policy doesn't cover diminution in value.(Allgood v. Meridian Security Insurance Co.)(Brief Article)
November 21, 2005... Byline: Lawyers Weekly USA Staff An insurance company need not compensate a policyholder for the diminished value of her car following post-accident repairs, the Indiana Supreme Court has ruled. The policy provided coverage for loss...

3rd Circuit rules company can seek injunction for ex-employee's hacking of computers.(P.C. Yonkers Inc. v. Celebrations the Party and Seasonal Superstore LLC)
November 21, 2005... Byline: Lawyers Weekly USA Staff A company could pursue injunctive relief against a former employee who allegedly violated a federal criminal statute by accessing company computers in order to set up a competing business, the 3rd Circuit...

Mississippi Supreme Court rules insurers can exclude coverage for punitives despite state law.(Shelter Mutual Insurance Co. v. Dale )(Brief Article)
November 21, 2005... Byline: Lawyers Weekly USA Staff Auto insurers can contractually exclude coverage for punitive damages despite a state law requiring minimum coverage for "all sums which the insured shall become legally obligated to pay," the Mississippi...

Ohio Supreme Court rules building project owner can't recover economic damages in tort.(Corporex Development & Construction Management, Inc. v. Shook, Inc.)
November 21, 2005... Byline: Lawyers Weekly USA Staff The economic-loss rule barred a building project owner from recovery of purely economic damages in tort against a subcontractor based upon an alleged breach of contractually-created duties, the Ohio Supreme...

Ohio Supreme Court rules FELA defendant can't set off settlement amounts.(Federal Employers' Liability Act)(Hess v. Norfolk Southern Railway Co.)(Brief Article)
November 21, 2005... Byline: Lawyers Weekly USA Staff An employer that a jury found responsible for its employees' lung cancer is not entitled to have the award reduced by the amounts the employees received as part of a settlement with third parties, the Ohio...

6th Circuit rules casino liable under Sect. 1983 for security guards' unlawful arrest.(Romanski v. Detroit Entertainment, L.L.C.)
November 21, 2005... Byline: Lawyers Weekly USA Staff Private security guards who unlawfully arrested a casino customer may be considered state actors for the purpose of holding the casino liable under Sect. 1983, the 6th Circuit has ruled in affirming in part...

9th Circuit Court rules that parents can't sue public school for allowing sex survey.(Fields v. Palmdale School District)
November 21, 2005... Byline: Lawyers Weekly USA Staff Parents can't sue a public elementary school for allowing their children to participate in a mental health survey that covered sexual topics, the 9th Circuit has ruled in affirming a dismissal. A mental...

U.S. Supreme Court says 'Booker' decision not retroactive.(U.S. v. Morris )
November 21, 2005... Byline: Lawyers Weekly USA Staff A U.S. Supreme Court decision invalidating the federal sentencing guidelines does not apply retroactively to cases on collateral review, the 4th Circuit has ruled. The defendant pled guilty to...

Indiana Supreme Court rules wife may testify against spouse.(Glover v. State )(Brief Article)
November 21, 2005... Byline: Lawyers Weekly USA Staff Although the marital privilege prevents a wife from being compelled to testify about to confidential communications between herself and her husband, it does not bar her voluntary testimony, the Indiana...

D.C. Circuit Court rules issuance of alternative sentence violates 'Booker'.(Circuit. U.S. v. Ayers )
November 21, 2005... Byline: Lawyers Weekly USA Staff A criminal defendant was entitled to resentencing even though a federal judge issued an identical alternative sentence in case the mandatory application of the sentencing guidelines was later deemed a...

New Hampshire Supreme Court rules there is no expectation of privacy in cellphone records.(State v. Gubitosi )
November 21, 2005... Byline: Lawyers Weekly USA Staff A defendant had no reasonable expectation of privacy in his cellular telephone records, the New Hampshire Supreme Court has ruled. After the victim broke up with her boyfriend of two years, she began...

NY Supreme Court rules destructive vehicle search exceeded scope of consent.(People v. Gomez )(Brief Article)
November 21, 2005... Byline: Lawyers Weekly USA Staff A "destructive" search of a vehicle violated the driver's Fourth Amendment rights even though he gave police a general consent to search, New York's highest court has ruled. The defendant was pulled...

Wyoming Supreme Court rules marijuana odor provides exigent circumstances for search.(Rideout v. State)(Brief Article)
November 21, 2005... Byline: Lawyers Weekly USA Staff A warrantless entry into the defendant's home was justified by police officers' detection of the smell of marijuana, the Wyoming Supreme Court has ruled. When two deputies exited their vehicle, they...

6th Circuit Court rules that employee entitled to reinstatement under FMLA.(Brumbalough v. Camelot Care Centers Inc.)(Brief Article)
November 21, 2005... Byline: Lawyers Weekly USA Staff An employer's duty to reinstate an employee under the Family and Medical Leave Act is triggered once the employee's physician certifies that she is fit for duty, the 6th Circuit has ruled. The employee,...

9th Circuit Court rules employer freed from duty to investigate hostile environment complaint.(Hardage v. CBS Broadcasting Inc.)
November 21, 2005... Byline: Lawyers Weekly USA Staff An employer was absolved from its duty to investigate a complaint that a supervisor's sexual advances had created a hostile work environment where the alleged victim refused to provide details of the...

11th Circuit Court rules unsigned arbitration policy is enforceable against employees.(Caley v. Gulfstream Aerospace Corp.)(Brief Article)
November 21, 2005... Byline: Lawyers Weekly USA Staff A dispute resolution policy implemented during the plaintiffs' employment is enforceable in a discrimination action even though it was not signed by the parties, the 11th Circuit has ruled in affirming an...