Lawyers Weekly USA articles from October 2005

Lawyers Weekly USA archives from October 2005

Judicial Conference approves new rules.
October 10, 2005... Byline: Correy E. Stephenson Proposed changes to the Federal Rules of Civil Procedure moved one step closer to passage last month when the Judicial Conference approved controversial new Rule 32.1, which would allow lawyers in all circuits...

Deluge of litigation expected over hurricane flood insurance.
October 10, 2005... Byline: Nora Lockwood Tooher A tidal wave of insurance litigation is building over flood damage during the recent Gulf Coast hurricanes. The insurance industry is refusing to pay for flood damage, which is typically excluded under...

Hurricanes leave family law in limbo.
October 10, 2005... Byline: Reni Gertner As hurricanes have blown through the Gulf Coast region, the displacement of families in search of safety has opened the door to a host of legal problems and unanswered questions for attorneys who specialize in family...

New wave of defibrillator suits arises.
October 10, 2005... Byline: Reni Gertner A new wave of defibrillator litigation is starting to attack businesses that have the devices but don't use them - or don't have plans in place to make sure they are used properly in a time of need. Automated...

Verdicts & Settlements October 10, 2005: $5.7M awarded t o man who fell off unsecured gurney.(St. Luke's Regional Medical Center vs. Nathan Ogden )(Brief Article)
October 10, 2005... Byline: Lawyers Weekly USA Staff An Idaho jury ordered St. Luke's Regional Medical Center to pay $5.7 million to a man whose broke his neck when he fell off a hospital gurney two years ago. On Sept. 24, the jury found the hospital...

Verdicts & Settlements October 10, 2005: Chicago to pay $6.2M for boy's wrongful conviction.(Brief Article)
October 10, 2005... Byline: Lawyers Weekly USA Staff City officials in Chicago agreed to pay $6.2 million on Sept. 19, to settle a wrongful arrest lawsuit filed by the family of one of two young boys wrongly accused in the murder of an 11-year-old girl seven...

Verdicts & Settlements October 10, 2005: $8M for misdiagnosis of woman's breast cancer.(Brief Article)
October 10, 2005... Byline: Lawyers Weekly USA Staff A New York Supreme Court jury awarded a woman nearly $8 million on Sept. 26 after a doctor allegedly misdiagnosed her breast cancer. Nancy McTiernan, 56, sued Dr. Asadolah Baradaran in 2001 after the...

Verdicts & Settlements October 10, 2005: Hospital to pay $2.1M in racial discrimination suit.(Brief Article)
October 10, 2005... Byline: Lawyers Weekly USA Staff A Michigan hospital has agreed to pay a $2.1 million settlement and revamp its work procedures in a federal lawsuit filed by its black employees alleging discrimination on the job. The class-action suit...

Verdicts & Settlements October 10, 2005: Bank of America settles class-action overtime suit.(Brief Article)
October 10, 2005... Byline: Lawyers Weekly USA Staff Bank of America Corp. has agreed to settle a lawsuit by loan department employees in California who claim the company failed to pay them overtime. Under the settlement, Bank of America will pay $6.68...

Verdicts & Settlements October 10, 2005: $5M awarded in sexual harassment suit.(Brief Article)
October 10, 2005... Byline: Lawyers Weekly USA Staff A former utility meter reader was awarded nearly $5 million on Sept. 24 by a Texas jury who found she was sexually harassed by a supervisor and that the company did little to help her. Yolanda Olivarri,...

U.S. Supreme Court Certiorari Granted: October 10, 2005.(Public Notice)
October 10, 2005... Byline: Lawyers Weekly USA Staff MEDICAID REIMBURSEMENT Is a state agency seeking reimbursement of Medicaid benefits paid to an accident victim entitled to recover the entire settlement, or limited to settlement expenses paid for...

Supreme Court Justice pick surprises court watchers.(Harriet E. Miers)
October 10, 2005... Byline: Correy E. Stephenson The nomination of President George W. Bush's private counsel, Harriet E. Miers, to the U.S. Supreme Court on Oct. 3 came as a surprise to many court watchers. Miers, who would fill the vacancy of the first...

Law firm, client may be sued for abuse of process in Idaho Supreme Court case.
October 10, 2005... Byline: Lawyers Weekly USA Staff A law firm and its client could be sued for abuse of process for engaging in obstructive and dilatory litigation tactics in a separate lawsuit over the sale of real estate, the Idaho Supreme Court has ruled...

Does 'probate exception' to federal court jurisdiction apply to bankruptcy proceedings?
October 10, 2005... Byline: Lawyers Weekly USA Staff Does the probate exception to federal court jurisdiction apply to bankruptcy proceedings? The U.S. Supreme Court has agreed to answer this question. It will review a 9th Circuit case holding that the...

Arizona Court of Appeals rules developer can enforce arbitration clause against home buyers.(Harrington v. Pulte Home Corp.)
October 10, 2005... Byline: Lawyers Weekly USA Staff A developer could enforce an arbitration clause in the purchase contracts of home buyers, even though the provision failed to explicitly state that the buyers were waiving the right to have a jury decide any...

Arizona Court of Appeals rules sender of unsolicited text message ads can be sued under federal law.(Joffe v. Acacia Mortgage Corp.)
October 10, 2005... Byline: Lawyers Weekly USA Staff A mortgage company that sent advertisements in the form of text messages to cellphone users could be sued under a federal consumer protection law prohibiting the making of unsolicited cellphone calls, the...

U.S. Court of Appeals, 7th Circuit rules denial of benefits subject to de novo review.(Diaz v. Prudential Insurance Co. of America)
October 10, 2005... Byline: Lawyers Weekly USA Staff An insurer's denial of long-term disability benefits is subject to de novo judicial review because the plan's terms did not adequately warn the applicant that his claims were subject to discretionary review...

Court erred in allowing evidence of product's safety record.
October 10, 2005... Byline: Lawyers Weekly USA Staff A defendant should not have been allowed to introduce evidence of the absence of prior accidents caused by machinery that crushed the plaintiff's arm, the 3rd Circuit has ruled in reversing a U.S. District...

Plaintiff can get treble damages under federal Odometer Act.(Brief Article)
October 10, 2005... Byline: Lawyers Weekly USA Staff A plaintiff need not show that a defendant specifically intended to defraud with respect to mileage in order to recover treble damages under the federal Odometer Act, the 11th Circuit has ruled. The...

Can state agency be reimbursed for entire Medicaid settlement?
October 10, 2005... Byline: Lawyers Weekly USA Staff Is a state agency seeking reimbursement of Medicaid benefits paid to an accident victim entitled to recover the entire settlement, or limited to settlement expenses paid for medical care? The U.S....

Muslim woman can be required to remove veil for license.
October 10, 2005... Byline: Lawyers Weekly USA Staff Requiring a Muslim woman to remove her veil for a driver's license photo doesn't violate her constitutional rights, the Florida Court of Appeal has ruled in affirming a trial court. The plaintiff...

Sentencing guidelines decision isn't retroactive.(Brief Article)
October 10, 2005... Byline: Lawyers Weekly USA Staff A U.S. Supreme Court decision that invalidated the federal sentencing guidelines is not retroactive when applied to defendants sentenced before the decision was published, the 9th Circuit has ruled. The...

Minimum sentence doesn't violate Sixth Amendment.
October 10, 2005... Byline: Lawyers Weekly USA Staff A mandatory minimum sentence didn't violate a defendant's Sixth Amendment rights, even though it was based on a judicial finding that the defendant had discharged a firearm in the course of a drug offense,...

Consent to search can be nonverbally withdrawn.
October 10, 2005... Byline: Lawyers Weekly USA Staff Evidence seized from a defendant is inadmissible where he nonverbally withdrew his consent to a police search, the 8th Circuit has ruled. The police, responding to a report of suspicious activity on the...

U.S Court of Appeals, 2nd Circuit, finds protective sweep of apartment unconstitutional.(Brief Article)
October 10, 2005... Byline: Lawyers Weekly USA Staff A protective sweep of a man's apartment after he allowed police to enter his kitchen was unconstitutional, the 2nd Circuit has ruled. The police responded to a radio report of a dispute between a...

WA Supreme Courts rules judicial fact-finding for restitution orders doesn't violate Constitution.(Washington)(Brief Article)
October 10, 2005... Byline: Lawyers Weekly USA Staff The Sixth Amendment doesn't prohibit judicial fact-finding with respect to restitution orders, the Washington Supreme Court has ruled. The defendant, an attorney, pled guilty to 67 counts of theft in...

Connecticut court rules can't revoke probation of man found with crack cocaine.(State v. Fermaint )
October 10, 2005... Byline: Lawyers Weekly USA Staff A state lacked sufficient evidence of constructive possession to revoke the probation of a defendant who was a passenger in a car in which police found crack cocaine, the Connecticut Court of Appeals has...

U.S. court finds that prior convictions can't be used to increase sentence.(U.S. v. Kortgaard )(Brief Article)
October 10, 2005... Byline: Lawyers Weekly USA Staff Even though a judge's use of a defendant's prior convictions to impose a harsher sentence generally does not violate the Sixth Amendment, a judge in a drug case could not make an upward departure after...

Indiana court approves weapons frisk of burglary suspect.(N.W. v. State )
October 10, 2005... Byline: Lawyers Weekly USA Staff A weapons frisk is justified when a suspect is stopped on suspicion of committing an inherently dangerous crime, such as burglary, the Indiana Court of Appeals has ruled. A deputy received a report of a...

North Carolina employer with fewer than 15 employees can't be sued for age discrimination.(Brief Article)
October 10, 2005... Byline: Lawyers Weekly USA Staff A claim for age discrimination in violation of public policy is not permitted against small employers who are not subject to the state's civil rights law, the North Carolina Court of Appeals has ruled. ...

Michigan employer may reduce statute of limitations for employees' claims.(Clark v. DaimlerChrysler Corp.)
October 10, 2005... Byline: Lawyers Weekly USA Staff An employment agreement reducing the time limit on employee claims from the statutory period of three years to six months doesn't violate public policy and isn't unconscionable, the Michigan Court of...

Virginia court rules company's non-compete is unenforceable.(Omniplex World Services Corp. v. U.S. Investigations Services Inc.)
October 10, 2005... Byline: Lawyers Weekly USA Staff A non-competition agreement is overbroad and unenforceable where it is not limited to employment that would be in direct competition with the former employer, the Virginia Supreme Court has ruled. The...

FMLA notice inadequate; employee can't sue.( Family and Medical Leave Act )(Brief Article)
October 10, 2005... Byline: Lawyers Weekly USA Staff An employee who notified his employer of a knee injury by contacting the security office didn't fulfill the notice requirements for obtaining FMLA leave, the 6th Circuit has ruled. The plaintiff worked...

Visitation plan altered to accommodate custodial parent's religion.(Brief Article)
October 10, 2005... Byline: Lawyers Weekly USA Staff A visitation plan can be altered to accommodate the religious practice of the custodial parent, the Oregon Court of Appeals has ruled in reversing a visitation order. The mother was the custodial...

Florida court rules S corporation income not attributed to husband.(Zold v. Zold)
October 10, 2005... Byline: Lawyers Weekly USA Staff Pass-through income from an S corporation that isn't actually distributed to a shareholder-spouse shouldn't be automatically attributed to him for the purposes of calculating alimony, child support or...

State may be liable for death caused by man on community supervision.
October 10, 2005... Byline: Lawyers Weekly USA Staff A state corrections department may be liable for negligently supervising a man who caused a fatal auto accident while serving a sentence of community supervision, the Washington Supreme Court has ruled. ...

Doctors can't be sued for failing to notify state patient was unfit to drive.(Hospodar v. Schick)(Brief Article)
October 10, 2005... Byline: Lawyers Weekly USA Staff The families of two women who were killed in a car crash can't sue the doctors of the other driver for failing to notify the state their patient was unfit to drive due to a seizure disorder, a Pennsylvania...

Indiana court rules that pharmacy doesn't have duty to warn.(Allberry v. Parkmor Drug Inc.)(Brief Article)
October 10, 2005... Byline: Lawyers Weekly USA Staff A pharmacy had no duty to warn a customer of the potential side effects of a drug, the Indiana Court of Appeals has ruled. The plaintiff purchased a prescription drug used to treat impotence from his...

Insurance doesn't cover claims against gun manufacturer.(Taurus Holdings Inc. v. U.S. Fidelity and Guaranty Co.)(Brief Article)
October 10, 2005... Byline: Lawyers Weekly USA Staff Commercial liability policies don't cover gun violence claims brought by various cities against a firearms manufacturer, the Florida Supreme Court has ruled in answering a certified question from the 11th...

Minister may sue for invasion of privacy, defamation.(Duncan v. Peterson)
October 10, 2005... Byline: Lawyers Weekly USA Staff The First Amendment doesn't bar invasion of privacy and defamation claims brought by a minister against the church that originally ordained him, the Illinois Appellate Court has ruled. The board of...

Defendant who hired detective not liable for trespass.(Keyser v. Amerlink Ltd.)
October 10, 2005... Byline: Lawyers Weekly USA Staff A defendant who hired detectives to determine if a plaintiff and his attorney had maintained the confidentiality of a settlement agreement was not liable for trespass or invasion of privacy, the North...

Resort can be sued by guest hurt on public beach.(Lienhart v. Caribbean Hospitality Services Inc.)
October 10, 2005... Byline: Lawyers Weekly USA Staff A resort can be sued by a guest who was struck by a vehicle on an adjacent public beach, the 11th Circuit has ruled in applying Florida law and reversing a summary judgment. The resort provided lounge...

Legal malpractice settlement may reduce insured's UIM limits.(Hartford Casualty Insurance Co. v. Farrish-Leduc)
October 10, 2005... Byline: Lawyers Weekly USA Staff An automobile insurer could reduce underinsured motorist limits by the amount that the insured received from a legal malpractice settlement for the mishandling of her underlying personal injury case, the...

Parent can sue minor child for negligent operation of auto.(Bentley v. Bentley)(Brief Article)
October 10, 2005... Byline: Lawyers Weekly USA Staff A parent can sue his minor child for negligently operating a family car, the Kentucky Supreme Court has ruled in reversing the Court of Appeals. The father was injured while riding as a passenger in his...

No emotional distress damages for dog's injuries, rules VA Supreme Court.(Kondaurov v. Kerdasha)(Brief Article)
October 10, 2005... Byline: Lawyers Weekly USA Staff A jury could not consider the mental anguish experienced by a hypersensitive auto accident victim over injuries sustained by her dog, which was with her at the time of the accident, the Virginia Supreme...

Parents who paid for son's car may be liable for negligence.(Perez-Melchor v. Balakhani)
October 10, 2005... Byline: Lawyers Weekly USA Staff Parents who provided funds for their son's purchase of an automobile knowing he had a drug and alcohol problem may be liable for negligent entrustment, even though they had no actual control over the...

Duplex insurer may sue renter for fire damage.(Brief Article)
October 10, 2005... Byline: Lawyers Weekly USA Staff The insurer for a duplex could enforce a subrogation clause and sue a tenant for fire damage to the property, the Connecticut Court of Appeals has ruled in reversing judgment for the tenant. The...

Wife of worker killed on errand can collect benefits.(Brief Article)
October 10, 2005... Byline: Lawyers Weekly USA Staff The wife of an electrician who was killed while riding his bike home after dropping off his boss's van for servicing was entitled to workers' comp death benefits, the Washington Court of Appeals has ruled....

Employee injured in company basketball game can get workers' comp.(Anderton v. Wasteaway Services LLC)(Brief Article)
October 10, 2005... Byline: Lawyers Weekly USA Staff An employee who was injured while participating in a basketball game during working hours at the request of his employers was entitled to workers' compensation benefits, the Connecticut Court of Appeals has...

Enforcement of indemnity contract not barred by workers' comp.(Safeway Inc. v. DPI MidAtlantic Inc.)
October 10, 2005... Byline: Lawyers Weekly USA Staff The workers' compensation exclusivity bar does not prohibit enforcement of an express indemnity agreement by a third party against an employer, the Virginia Supreme Court has ruled. An employee sued a...

Chicago personal injury lawyer melds love of law with zeal for comedy.(Jordan Margolis )
October 10, 2005... Byline: Nora Lockwood Tooher Jordan Margolis has always had two dreams. "I was always torn between writing and being a lawyer," he said. As a renowned personal injury lawyer in Chicago, Margolis, 50, has managed to keep one hand...

Divorce lawyers promote parenting plan.
October 10, 2005... Byline: Nora Lockwood Tooher When parents with children divorce, their relationship is rarely over. Until the children are old enough to live on their own, the parents will have to negotiate with one another over an enormous range of...

Kentucky jail pays $1.4 million for failing to protect teenager from sexual assault.(Doe v. Grant County Detention Center)
October 10, 2005... Byline: Natalie White In the seventh settlement this year against a Kentucky jail, the Grant County Detention Center recently agreed to pay $1.4 million to a teenager who was raped after being jailed with violent criminals, allegedly to...

DuPont to pay $15.5 million for cancer caused by dioxin emissions from its Mississippie plant.(Strong v. E.I. du Pont de Nemours and Co.)
October 10, 2005... Byline: Natalie White In the first of more than 2,000 lawsuits concerning environmental pollution from a DuPont plant in southern Mississippi, jurors returned a $15.5 million verdict in favor of a former deputy sheriff who claimed toxic...

Oil company pays $13 million for pollution-induced cancer.(Ryan v. BP Corp. of North America)
October 10, 2005... Byline: Natalie White A Missouri jury concluded that Nancy Ryan's death from a rare blood disease was caused by 24 years of exposure to toxic vapors from the Sugar Creek oil refinery, ordering oil giant BP Corporation of North America to...

Verdicts & Settlements October 10, 2005: $3M settlement for man twice wrongfully convicted.
October 10, 2005... Byline: Lawyers Weekly USA Staff The city of Phoenix, Ariz., has agreed to pay $3 million to settle a lawsuit filed by a man who was twice wrongfully convicted of murder and sentenced to death. It's the second settlement plaintiff Ray...

Commentary: How to improve legal writing.
October 10, 2005... Byline: Judge Mark P. Painter Though egregious examples abound, much legal writing is not terrible. But it can easily be improved. Let's take this example: * Before On April 26, 2001, claimant-appellant, Howard Ward, injured his...

Commentary: From the courtroom to the multiplex.(sexual harassment case on Paul Sprenger)
October 10, 2005... Byline: Tom Duffy Minnesota litigator Paul Sprenger has never played hockey in his life, so his colleagues may have been a bit perplexed when a handful of old law school chums recently started calling him "Slapshot." The mystery will...

Low 401(k) returns may lead to lawsuits.
October 24, 2005... Byline: Reni Gertner As baby boomers retire over the new few decades, a wave of lawsuits may develop against former employers and plan sponsors for failing to invest people's 401(k) money wisely. "I think there's going to be an influx...

States struggle with jury diversity.
October 24, 2005... Byline: Correy E. Stephenson States across the country are grappling with a familiar issue: juries and race. Judges and legislatures are trying some innovative approaches to increase the diversity of juries - from targeting specific...

Solo lawyer struggles to rebuild practice devastated by Hurricane Katrina.
October 24, 2005... Byline: Nora Lockwood Tooher A week after Hurricane Katrina hammered New Orleans, Glenn McGovern parked in front of his law office, waded through five inches of sludge for about 200 feet, and found four looters lurking in front of the...

When online love goes wrong.
October 24, 2005... Byline: Reni Gertner As more and more people turn to the Internet to find their soul mate, lawyers believe online dating sites could become breeding grounds for negligence claims. A pair of recent New York cases has drawn attention to...

Commentary: Should your next computer be a portable?
October 24, 2005... Byline: Bruce L. Dorner For years we have been purchasing desktop computers for the law office. Portable computers were just too expensive, except for the few who understood technology or who were willing to haul around a bag the weight of...

Debtor in poor mental health can discharge student loans.(Reynolds v. Pennsylvania Higher Education Assistance Agency)
October 24, 2005... Byline: Lawyers Weekly USA Staff A discharge of a debtor's student loans could be granted based on the detrimental effect the loans had on her precarious mental health, the 8th Circuit has ruled. The debtor suffered from depression...

Auto debt doesn't lose secured status after repossession.
October 24, 2005... Byline: Lawyers Weekly USA Staff The amount owed by a debtor for the purchase of an automobile didn't lose its secured status in bankruptcy after the creditor repossessed the vehicle, the 6th Circuit has ruled. The debtor's confirmed...

Season ticket holder can't sue for breach of contract.(Yarde Metals Inc. v. New England Patriots Limited Partnership)
October 24, 2005... Byline: Lawyers Weekly USA Staff A pro football season ticket holder whose tickets were revoked due to misbehavior can't sue for breach of implied contract, the Massachusetts Appeals Court has ruled. The plaintiff was a company that...

Mortgage insurer not entitled to arbitration of claim.
October 24, 2005... Byline: Lawyers Weekly USA Staff A mortgage insurer sued for violating the Fair Credit Reporting Act can't seek arbitration under a provision in the mortgage contract, the 4th Circuit has ruled. The plaintiffs bought a home in South...

Insurer's request for removal of case to federal court after nine months was timely.(Harris v. Bankers Life and Casualty Co.)
October 24, 2005... Byline: Lawyers Weekly USA Staff An insurer sued in state court for wrongfully denying disability payments could remove the case to federal court nine months after the complaint was filed, even though federal law generally provides a 30-day...

MS Supreme Court rules wrongful death claim against nursing home must be arbitrated.(Mississippi )
October 24, 2005... Byline: Lawyers Weekly USA Staff An arbitration clause in a nursing home admissions agreement wasn't unconscionable as applied to a claim for the wrongful death of a resident, the Mississippi Supreme Court has ruled in reversing the denial...

Delaware Supreme Court says Internet blogger's identity needn't be disclosed.(Doe v. Cahill)
October 24, 2005... Byline: Lawyers Weekly USA Staff A trial court erred in ordering the disclosure of an Internet blogger's identity, the Delaware Supreme Court has ruled in dismissing the complaint. The defendant posted allegedly defamatory statements...

WA Supreme Court rules 'Blakely' doesn't apply to consecutive sentences.(State v. Cubias )
October 24, 2005... Byline: Lawyers Weekly USA Staff A defendant's Sixth Amendment rights were not violated when a judge rather than a jury decided factors underlying the imposition of consecutive sentences for his attempted murder convictions, the Washington...

NM Supreme Court rules motorist may be questioned by police about travel plans.(State v. Duran )(Brief Article)
October 24, 2005... Byline: Lawyers Weekly USA Staff A police officer acted permissibly in questioning a motorist about her travel plans, the New Mexico Supreme Court has ruled. A state trooper stopped a vehicle with a missing license plate and asked the...

8th Circuit rule drugs found in search of bag are admissible.(U.S. v. Va Lerie )
October 24, 2005... Byline: Lawyers Weekly USA Staff Drugs found when police removed and searched a garment bag from a bus are admissible under the Fourth Amendment, the en banc 8th Circuit has ruled in overturning a panel decision from last year. The...

8th Circuit rules police couldn't conduct protective sweep.(U.S. v. Waldner)(Brief Article)
October 24, 2005... Byline: Lawyers Weekly USA Staff Police officers who went to the defendant's house to serve a protection order were not justified in conducting a protective sweep of a basement office, the 8th Circuit has ruled. The defendant's wife...

Illinois Appellate Court rules seizure of pills violated Fourth Amendment.(People v. Humphrey )(Brief Article)
October 24, 2005... Byline: Lawyers Weekly USA Staff A police officer's seizure of a container of pills in the wake of a traffic stop violated the Fourth Amendment, the Illinois Appellate Court has ruled. The defendant was stopped for driving 94 mph in a...

11th Circuit rules that age discrimination claim is time-barred.(Kerr v. McDonald's Corp.)
October 24, 2005... Byline: Lawyers Weekly USA Staff An age discrimination complaint was untimely even though the plaintiffs filed within 90 days of allegedly receiving right-to-sue letters from the EEOC, the 11th Circuit has ruled in affirming a dismissal....

7th Circuit rules stroke victim can sue for delay in health coverage.
October 24, 2005... Byline: Lawyers Weekly USA Staff An employee who suffered a catastrophic stroke can sue his employer for not activating his health insurance promptly, the 7th Circuit has ruled in reversing a U.S. District Court. At the time the...

Supervisor who refused to pressure subordinate sues for wrongful discharge.(Rothrock v. Rothrock Motor Sales Inc.)(Brief Article)
October 24, 2005... Byline: Lawyers Weekly USA Staff A supervisor at an automobile dealership could recover damages for wrongful discharge where he was fired after refusing to dissuade a subordinate from seeking workers' comp benefits, the Pennsylvania...

Ohio Supreme Court rules child visitation law is constitutional.(Harrold v. Collier )
October 24, 2005... Byline: Lawyers Weekly USA Staff A state's third-party visitation law does not violate a custodial parent's constitutional rights, the Ohio Supreme Court has ruled. After a mother died of cancer, her parents were granted temporary...

Pennsylvania court rules lesbian partner may be awarded custody.(Jones v. Jones )
October 24, 2005... Byline: Lawyers Weekly USA Staff A lesbian non-biological parent could be awarded child custody under a heightened "best interests" standard, a Pennsylvania appellate court has ruled. Two women lived together in a romantic relationship...

TN Supreme Court rules birth mother can seek custody despite use of egg donor.
October 24, 2005... Byline: Lawyers Weekly USA Staff An unmarried woman who became pregnant through in vitro fertilization using her partner's sperm and anonymous donor eggs has legal standing to seek custody of the children, even though she has no genetic...

11th Circuit rules auto maker entitled to dismissal where plaintiff's vehicle sold for salvage.
October 24, 2005... Byline: Lawyers Weekly USA Staff An auto manufacturer is entitled to dismissal of an airbag defect claim where the vehicle was sold for salvage years before the plaintiff filed his complaint, the 11th Circuit has ruled. The plaintiff...

Illinois Appellate Court rules parent company may be liable for subsidiary's negligence.
October 24, 2005... Byline: Lawyers Weekly USA Staff A parent company may be sued for its subsidiary's negligence where its cost-cutting policies allegedly created the dangerous condition that led to the deaths of two workers, the Illinois Appellate Court has...

PA Supreme Court rules children of uninsured driver entitled to full tort recovery.(Pennsylvania )(Brief Article)
October 24, 2005... Byline: Lawyers Weekly USA Staff An uninsured motorist's two children who were injured in a car accident are not subject to the tort limits in a state financial responsibility statute, the Pennsylvania Supreme Court has ruled. The...