Lawyers Weekly USA articles from September 2005

Lawyers Weekly USA archives from September 2005

Hours-of-service rules for long-haul trucks reinstated by Bush administration.(George W. Bush)
September 12, 2005... Byline: Nora Lockwood Tooher The Bush administration has reinstated rules extending the allowable driving hours for commercial, long-haul truckers, despite a D.C. Circuit decision last July finding the rules "arbitrary and capricious" and...

New consumer bankruptcy law goes into effect on Oct. 17.
September 12, 2005... Byline: Reni Gertner The sweeping new consumer bankruptcy law goes into effect in just over a month - and attorneys who represent debtors tell Lawyers Weekly USA they are expecting a rush of clients wanting to file up until the last...

Hurricane Katrina devastates federal justice system in New Orleans.
September 12, 2005... Byline: Nora Lockwood Tooher An initial review indicates that courthouses in New Orleans will be unusable for weeks or months, according to Dick Carelli, a spokesman for the federal courts. Three federal courthouses in New Orleans had...

Death of Chief Justice Rehnquist raises U.S. Supreme Court stakes.(John G. Roberts to replace William H. Rehnquist)
September 12, 2005... Byline: Reni Gertner President Bush's decision two days after the death of U.S. Supreme Court Chief Justice William H. Rehnquist to nominate John G. Roberts to replace him has raised the stakes on Roberts' confirmation hearings. Those...

Commentary: Writing for less sophisticated readers.(Column)
September 12, 2005... Byline: Judge Mark P. Painter Lawyers often write for other lawyers and judges, who are presumed to be sophisticated readers. That is, they can parse out difficult prose. (But why should they have to?) But we also frequently write for...

CA Court of Appeals rules lawyer not entitled to judicial immunity for assault.(Brief Article)
September 12, 2005... Byline: Lawyers Weekly USA Staff A lawyer who served as a court referee is not entitled to judicial immunity for an assault on a litigant, the California Court of Appeal has ruled. The defendant, a local attorney, was appointed to act...

Illinois Appellate Court rules attorney cannot recover in quantum meruit.
September 12, 2005... Byline: Lawyers Weekly USA Staff An attorney who accepted a libel case under a contingent fee agreement could not recover in quantum meruit when the client declined to pursue an appeal following an adverse judgment, the Illinois Appellate...

N.C. Court of Appeals rules insured's statements to attorney supplied by insurer not privileged.(Brief Article)
September 12, 2005... Byline: Lawyers Weekly USA Staff Where an insurance company retains counsel for the benefit of its insured, communications related to the representation and directed to the attorney by the insured are not privileged in later litigation...

5th Circuit rules automatic stay bars foreclosure on property that may belong to debtor.(Brief Article)
September 12, 2005... Byline: Lawyers Weekly USA Staff A creditor violated the automatic stay by foreclosing on property to which a debtor had an arguable claim of right, the 5th Circuit has ruled. The debtor's wife purchased a parcel of land in Texas but...

Cases involving transgender clients becoming increasingly common.
September 12, 2005... Byline: Correy E. Stephenson Cases involving transgender individuals are becoming increasingly common as courts begin to recognize their legal rights. "People in a wide variety of practice areas are starting to work with more and more...

4th Circuit rules Website critical of nationally known minister does not violate federal law.(Brief Article)
September 12, 2005... Byline: Lawyers Weekly USA Staff A nationally known minister is not entitled to an injunction shutting down a critic's "gripe" website, the 4th Circuit has ruled. When the plaintiff operator of the site, "www.fallwell.com," brought...

9th Circuit rules corporation not immune from suit under Federal Tort Claims Act.
September 12, 2005... Byline: Lawyers Weekly USA Staff A helicopter corporation is not a "person" and therefore the company is not immune from suit under the Federal Tort Claims Act, the 9th Circuit has ruled. The Bureau of Land Management hired a...

Illinois Appellate Court rules business insurers must defend junk fax suit.
September 12, 2005... Byline: Lawyers Weekly USA Staff Business insurers have a duty to defend a class-action claim that their policyholder violated federal law by sending unsolicited fax advertisements, the Illinois Appellate Court has ruled in affirming a...

N.C. Court of Appeals rules jurisdiction cannot be based on passive Website.(a case in between a furniture store and a trucking company)(Brief Article)
September 12, 2005... Byline: Lawyers Weekly USA Staff A furniture store's operation of a website was insufficient to subject to an out-of-state lawsuit, the North Carolina Court of Appeals has ruled. The store, which was located in Vermont, contracted with...

11th Circuit rules driver may seek liquidated damaged for disclosure of license information.
September 12, 2005... Byline: Lawyers Weekly USA Staff A plaintiff who contended that a bank violated federal law by disclosing personal information from his motor vehicle registration record could recover liquidated damages without having to show actual harm,...

9th Circuit rules plaintiff can bring qui tam action despite earlier case.(Brief Article)
September 12, 2005... Byline: Lawyers Weekly USA Staff If a qui tam action is defective because it wasn't brought by an "original source" of publicly disclosed information, then a subsequent related suit is not barred by the False Claims Act first-to-file rule,...

CO Court of Appeals rules state courts can handle junk fax suits.(Colorado)
September 12, 2005... Byline: Lawyers Weekly USA Staff Senders of unsolicited faxes can be sued in state court for violating the federal Telephone Consumer Protection Act, the Colorado Court of Appeals has ruled in reversing a trial court. The plaintiff was...

11th Circuit rules remote access to company files not enough for jurisdiction.(Horizon Aggressive Growth L.P. v. Rothstein-Kass)(Brief Article)
September 12, 2005... Byline: Lawyers Weekly USA Staff Remote electronic access to a company's files by an out-of-state auditing company isn't enough to create personal jurisdiction, the 11th Circuit has ruled. A California-based auditing company entered a...

7th Circuit rules parole agents can be sued for failure to 'knock and announce'.
September 12, 2005... Byline: Lawyers Weekly USA Staff Parole agents who entered a couple's home violated the Fourth Amendment by failing to "knock and announce" their presence, the 7th Circuit has ruled in reversing a U.S. District Court. The plaintiffs...

10th Circuit rules plaintiff had privacy right in pharmaceutical records.(Douglas v. Dobbs)
September 12, 2005... Byline: Lawyers Weekly USA Staff Individuals have a right to privacy in their prescription drug records, the 10th Circuit has ruled. A police sergeant was told by a doctor that he suspected a patient was abusing prescription medication...

MN Supreme Court rules state's sentencing scheme unconstitutional.(State v. Shattuck )
September 12, 2005... Byline: Lawyers Weekly USA Staff The state's presumptive sentencing statute is unconstitutional, the Minnesota Supreme Court has ruled. The defendant was convicted of kidnapping, criminal sexual conduct and aggravated robbery. A trial...

Defendant may withdraw guilty plea to drug charge.(U.S. v. Gonzalez)
September 12, 2005... Byline: Lawyers Weekly USA Staff A defendant should have been permitted to withdraw his guilty plea to a drug conspiracy charge where he wasn't advised of his right to have a jury decide the statutory quantity of drugs necessary to support...

Minnesota Supreme Court rules that 'Blakely' doesn't apply retroactively.(State v. Houston )(Brief Article)
September 12, 2005... Byline: Lawyers Weekly USA Staff A recent U.S. Supreme Court decision holding that a jury rather than a judge must decide factors increasing a criminal defendant's sentence does not apply retroactively to state court convictions that are...

Employee can sue for retaliation though she never testified.
September 12, 2005... Byline: Lawyers Weekly USA Staff An employee who was named as a voluntary witness in a Title VII case - but was never called to testify - can sue for retaliation, the 2nd Circuit has ruled. The case involved sexually disparaging flyers...

Employee can't sue for late notice of benefit plan cancellation.(Peralta v. Hispanic Business Inc.)
September 12, 2005... Byline: Lawyers Weekly USA Staff Even though an employer had a fiduciary duty to notify an employee of the cancellation of her long-term disability plan in a timely manner, the employee can't sue under ERISA for the employer's failure to...

Federal employee can't get review of ADA award.(Morris v. Rumsfeld )
September 12, 2005... Byline: Lawyers Weekly USA Staff A federal employee who was dissatisfied with an administrative award of damages for disability discrimination couldn't seek judicial review of the remedy alone - he must also reestablish his employer's...

Lawyer can be sued for violating employment contract's 'non- disparagement' clause.
September 12, 2005... Byline: Lawyers Weekly USA Staff A non-disparagement clause in an employment agreement doesn't violate public policy, and therefore a lawyer could be sued for allegedly disseminating information in violation of the provision, the 5th...

Employee denied flextime can sue under Title VII.(Washington v. Illinois Department of Revenue )
September 12, 2005... Byline: Lawyers Weekly USA Staff An employee whose flextime schedule was rescinded after she filed a discrimination charge can sue her employer for retaliation in violation of Title VII, the 7th Circuit has ruled in reversing a U.S....

California Supreme Court rules that lesbian egg donor is children's parent.
September 12, 2005... Byline: Lawyers Weekly USA Staff A lesbian who donated her egg to her partner is a parent of the children born as a result, the California Supreme Court has ruled. The plaintiff's eggs were fertilized with sperm from an anonymous donor...

S.C. Supreme Court rules social hosts who serve alcohol to minors are liable for injuries.(Marcum v. Bowden)(Barnes v. Cohen Dry Wall Inc.)
September 12, 2005... Byline: Lawyers Weekly USA Staff Social hosts that provide alcohol to underage guests are liable if the guest is injured or dies as a result, the South Carolina Supreme Court has ruled. In a companion case decided the same day, the...

Products liability claim preempted by federal law.(McMullen v. Medtronic Inc.)
September 12, 2005... Byline: Lawyers Weekly USA Staff Federal law preempts a state-law claim that a manufacturer breached a post-sale duty to warn of a dangerous condition in a tremor-controlling device implanted in a patient's brain, the 7th Circuit has...

Policy exclusion doesn't bar coverage for rape, kidnapping.(Guideone Elite Insurance Co. v. Old Cutler Presbyterian Church Inc.)
September 12, 2005... Byline: Lawyers Weekly USA Staff A "sexual misconduct" exclusion in a church's insurance policy doesn't bar coverage for kidnapping and robbery of a mother and her children as they left the church parking lot even though a rape occurred...

Golfer hit by lightning can't sue golf course.(Sall v. T's Inc.)
September 12, 2005... Byline: Lawyers Weekly USA Staff A golf course cannot be held liable for not warning golfers of an imminent storm and for failing to protect patrons from lightning injury, the Kansas Court of Appeals has ruled. The plaintiffs' son was...

Mother may be responsible for accident involving daughter's use of car.
September 12, 2005... Byline: Lawyers Weekly USA Staff A woman who offered to take care of her father's house while he was on vacation could be held liable for an accident that occurred when her underage daughter drove her grandfather's car, the South Dakota...

Multiple gunshots are single 'occurrence' for insurance purposes.(Bomba v. State Farm Fire and Casualty Co.)(Brief Article)
September 12, 2005... Byline: Lawyers Weekly USA Staff An episode in which police officers were shot multiple times constituted a single occurrence for insurance purposes, the New Jersey Appellate Division has ruled. The officers, who were responding to a...

Worker injured after golf tournament can get workers' comp.(Custer v. Hartford Insurance Co.)
September 12, 2005... Byline: Lawyers Weekly USA Staff An employee who was injured in an auto accident after leaving a company-sponsored golf tournament was entitled to workers' compensation, the Missouri Court of Appeals has ruled. The employee was a...

ADA changes loom on the horizon.(Americans with Disabilities Act)
September 12, 2005... Byline: Correy E. Stephenson Fifteen years after Congress passed the Americans with Disabilities Act, the first major revisions to the Act's accessibility guidelines are making their way through the regulatory system and generating plenty...

Young Texas trial lawyer draws inspiration from cartooning.(Chris Panatier)(Interview)
September 12, 2005... Byline: Nora Lockwood Tooher Chris Panatier is serious about the law. But he likes to poke fun at everything else. A plaintiffs' lawyer at Baron & Budd in Dallas, Panatier, 29, specializes in asbestos cases. But he's also been a...

Meeting the challenge of time-limited voir dire.
September 12, 2005... Byline: Eric Berkman In a trial-lawyer Utopia, no attorneys would ever have to deliver an opening statement in front of a jury they don't know as well as their own siblings. Instead, they'd have the time and resources to break down a jury...

Intoxicated driver wins millions in bus accident.(Melendez v. Los Angeles County Metropolitan Transit Authority)
September 12, 2005... Byline: Natalie White A California jury recently awarded $6 million to a man whose pickup truck was hit by a speeding bus, despite the fact that he had been drinking heavily and backed out of the driveway without being able to see oncoming...

'High-Low' limits recovery of $23 million verdict.(Antonelli v. Halladay)
September 12, 2005... Byline: Tony Wright What's it like to walk away from $23 million? Ask attorney Robert M. Higgins. Although the Boston lawyer was able to convince a Lowell jury that a doctor's inexperience led to the severe brain damage suffered by...

Box cutter attack on Greyhound bus yields $8 million verdict.(Surles v. Greyhound Corp)
September 12, 2005... Byline: Natalie White A Tennessee jury recently ordered Greyhound Lines to pay $8 million to a Michigan woman who was paralyzed in a crash after a fellow passenger slit the driver's throat with a box cutter. Her attorneys argued that...

Verdicts & Settlements September 12, 2005: $29M verdict in fatal dump truck collision.(Hardway Hauling Inc.)(Brief Article)
September 12, 2005... Byline: Lawyers Weekly USA Staff An Alabama jury awarded $29 million on Aug. 25 to the estate of a man killed in a 2002 head-on collision with a dump truck driven by a man with methamphetamines in his system. Timothy Douglas Robbins...

Verdicts & Settlements September 12, 2005: Special ed case settles for $6.7M.(cases)(Brief Article)
September 12, 2005... Byline: Lawyers Weekly USA Staff A California school district and the state will pay more than $6.7 million to an autistic boy to settle claims that the agencies failed to provide the child with an adequate education. The plaintiffs'...

Verdicts & Settlements September 12, 2005: $2.1M settlement over girl's radiation treatment.(cases)(Brief Article)
September 12, 2005... Byline: Lawyers Weekly USA Staff A cancer center in Texas and two of its associates have agreed to pay more than $2.1 million to the family of a girl who received radiation treatments to the wrong part of her body, making her sterile. ...

Verdicts & Settlements September 12, 2005: $350K verdict for wrongful arrest.(Brief Article)
September 12, 2005... Byline: Lawyers Weekly USA Staff An Ohio jury on Aug. 30 awarded $350,000 to a woman who was falsely arrested and jailed for two days for falsifying drivers' license records. Michelle Black-Hosang was a drivers' license examiner...

Verdicts & Settlements September 12, 2005: Drowning at Navy housing complex yields $2M settlement.(cases)(Brief Article)
September 12, 2005... Byline: Lawyers Weekly USA Staff The U.S. military and four private contractors have agreed to pay $2 million to the family of a 5-year-old girl who drowned in an unfenced drainage pond at a Navy housing complex in Hawaii last year. ...

Verdicts & Settlements September 12, 2005: Warrantless raid settled for $230K.(cases)(Brief Article)
September 12, 2005... Byline: Lawyers Weekly USA Staff A family in Pueblo, Colo., who said masked police officers burst into their home without a warrant, has accepted a $230,000 settlement from local, state and federal officials. Three Pueblo SWAT officers...

Verdicts & Settlements September 12, 2005: $10M settlement reached over fatal CA highway accident.(cases)(Brief Article)
September 12, 2005... Byline: Lawyers Weekly USA Staff California will pay $10 million to the family of a woman and her three children who were killed two years ago when the truck they were riding in careered off a 30-foot embankment because there was no...

Concerns over Ortho Evra birth control patch gather steam.
September 26, 2005... Byline: Nora Lockwood Tooher So far, there is only a smattering of lawsuits alleging that Ortho-McNeil Pharmaceutical failed to adequately warn women of the high risk of blood clots from its popular birth control patch - but plaintiffs'...

Lawyers with Herman, Herman, Katz & Cotlar determined to pick up the pieces in New Orleans.(Interview)
September 26, 2005... Byline: Nora Lockwood Tooher On Monday Aug. 29, attorney Russ Herman was in Memphis, taking a deposition for a major corporate client. During a break, his wife, Barbara, called him to let him know that New Orleans had been spared the worst...

A look at some of the important and controversial cases for U.S. Supreme Court's new term.
September 26, 2005... Byline: Correy E. Stephenson With a new justice in the line-up for the first time in 11 years, the U.S. Supreme Court will begin its new term on Oct. 3. After ending its last term with a bang, with controversial decisions in eminent...

A new litigation strategy for nursing homes.
September 26, 2005... Byline: John DeMoor and Bill Ibelle If you sue a nursing home these days, you're likely to receive a rather startling response: "Go ahead. If you win, you can have it." With increasing frequency, nursing home operators across the...

Class Action Fairness Act slow to impact court system.
September 26, 2005... Byline: Correy E. Stephenson Six months after the passage of the Class Action Fairness Act, the legislation, touted as significant tort reform that would decrease class abuses, has had little impact on the court system. The act, which...

Louisiana Trial Lawyers Association struggles to help in hurricane crisis.(Brief Article)
September 26, 2005... Byline: Reni Gertner In the aftermath of Hurricane Katrina, the Louisiana Trial Lawyers Association is struggling to help displaced members who have lost offices, homes and everything in them. The Baton Rouge-based organization's...

Commentary: Joint accounts are not adequate substitute for proper estate planning.
September 26, 2005... Byline: Jeffrey A. Baskies A client referral source called and left the following message: "I just met a client who had all of her assets in joint names with her children, so she doesn't need a will or trust, right?" And I've heard similar...

Commentary: Technology conundrums.(instant messaging )
September 26, 2005... Byline: Bruce L. Dorner When I was in law school, I hated the use of the Socratic Method of teaching. But now that I'm on the other side of the fence, I have a greater appreciation for this tool. So, permit me to don my Professor...

WA Court of Appeals rules claim for attorney fees is time-barred.(Washington)
September 26, 2005... Byline: Lawyers Weekly USA Staff A claim for attorney fees pursuant to an oral agreement is time-barred because it is subject to the shorter statute of limitations for oral contracts, not the longer one for accounts receivable, the...

6th Circuit Bankruptcy Appellate Panel rules trustee cannot reopen case to pursue potential asset.(Brief Article)
September 26, 2005... Byline: Lawyers Weekly USA Staff A U.S. trustee should not have been allowed to re-open a Chapter 7 debtor's case to pursue a purportedly unscheduled personal injury claim, the 6th Circuit Bankruptcy Appellate Panel has ruled. The...

Illinois Appellate Court rules online seller can enforce arbitration clause.(Brief Article)
September 26, 2005... Byline: Lawyers Weekly USA Staff An arbitration clause connected by hyperlink to an online contract for the purchase of computers is enforceable, the Illinois Appellate Court has ruled. The plaintiffs acquired their computers by...

S. Dakota Supreme Court rules insured cannot recover 'diminished value' of wrecked auto.
September 26, 2005... Byline: Lawyers Weekly USA Staff An automobile insurer was not required to pay for the diminished market value of a wrecked automobile in addition to paying for the cost of repair, the South Dakota Supreme Court has ruled in reversing a...

9th Circuit rules $108M punitive award for intimidating abortion doctors is excessive.
September 26, 2005... Byline: Lawyers Weekly USA Staff A $108 million punitive award for intimidating abortion doctors violated the defendant's due process rights in light of a $530,000 compensatory damages award, the 9th Circuit has ruled. Two clinics and...

OR Supreme Court rules state statute can ban uninsured drivers from collecting noneconomic damages.
September 26, 2005... Byline: Lawyers Weekly USA Staff A law banning uninsured motorists from collecting noneconomic damages for their injuries does not violate the state constitution, the Oregon Supreme Court has ruled. The plaintiff was involved in a car...

WY Supreme Court rules statute of limitations not tolled by imprisonment.
September 26, 2005... Byline: Lawyers Weekly USA Staff A plaintiff's imprisonment doesn't constitute a "legal disability" that under state law would toll the statute of limitations, the Wyoming Supreme Court has ruled. The plaintiff hired an attorney to...

TN Supreme Court rules dismissal of underlying case does not establish malicious prosecution claim.
September 26, 2005... Byline: Lawyers Weekly USA Staff The dismissal of a legal malpractice claim on procedural grounds does not constitute a "favorable termination" for purposes of establishing the elements of the attorney's claim of malicious prosecution, the...

Illinois Appellate Court rules no coverage for claim stemming from drunk driving.
September 26, 2005... Byline: Lawyers Weekly USA Staff A criminal acts exclusion in an "auto gap" insurance policy precluded any coverage of a claim arising out of the policyholder's drunk driving, the Illinois Appellate Court has ruled. The plaintiff's...

R.I. Supreme Court rules denial of insurance coverage may violate ADA.
September 26, 2005... Byline: Lawyers Weekly USA Staff A health insurer may have violated the ADA by refusing to give coverage to an applicant with Crohn's disease, the Rhode Island Supreme Court has ruled. After the plaintiff's Medicaid benefits were...

3rd Circuit rules injured foster child cannot sue state.(Brief Article)
September 26, 2005... Byline: Lawyers Weekly USA Staff Foster parents are not state actors for purposes of Sect. 1983, and therefore a child injured while in their custody cannot sue the state, the 3rd Circuit has ruled. The plaintiff was placed with her...

9th Circuit rules police can't search home pursuant to terms of defendant's pretrial release.(Brief Article)
September 26, 2005... Byline: Lawyers Weekly USA Staff Police violated the Fourth Amendment when they searched the home of a drug defendant without probable cause, even though he had consented to random searches as a condition of his pretrial release, the 9th...

MA Supreme Judicial Court rules dog sniff of stopped vehicle is not a search.(Brief Article)
September 26, 2005... Byline: Lawyers Weekly USA Staff The exterior sniff of a properly stopped vehicle by a dog trained in drug detection isn't a search under state law, Massachusetts' highest court has ruled in affirming a denial of a motion to suppress. ...

1st Circuit rules police request for ID was not a seizure.(Brief Article)
September 26, 2005... Byline: Lawyers Weekly USA Staff A man who was approached by police and asked to identify himself was not seized for purposes of the Fourth Amendment, the 1st Circuit has ruled. The police spotted the defendant sitting on a wall. They...

TN Supreme Court rules police search of motel room did not violate Fourth Amendment.
September 26, 2005... Byline: Lawyers Weekly USA Staff A request by police to search a motel room at another location as a result of a traffic stop where no citations were issued did not violate the defendant's Fourth Amendment rights, the Tennessee Supreme...

11th Circuit rules employee 'regarded as' disabled can get reasonable accommodation.
September 26, 2005... Byline: Lawyers Weekly USA Staff An employee who was merely regarded as disabled by her employer could seek a reasonable accommodation, the 11th Circuit has ruled in reversing summary judgment for the employer. The plaintiff, who...

6th Circuit rules state can't be sued by employee who took FMLA leave for back problems.
September 26, 2005... Byline: Lawyers Weekly USA Staff A state can't be sued by employee who sought leave under the Family Medical Leave "self-care" provision - the state is immune under the Eleventh Amendment, the 6th Circuit has ruled. A therapeutic...

CA Court of Appeals rules employee fired for using medical marijuana cannot sue.(California)
September 26, 2005... Byline: Lawyers Weekly USA Staff An employee who used marijuana for medical purposes - as authorized by state law - couldn't sue for wrongful discharge when he was fired for failing a company drug test, the California Court of Appeal has...

MN Court of Appeals rules jailed employee not entitled to unemployment pay.(Minnesota)
September 26, 2005... Byline: Lawyers Weekly USA Staff A jailed employee can be disqualified from receiving unemployment benefits even though her employer failed to cooperate in her efforts to participate in a work-release program, the Minnesota Court of Appeals...

9th Circuit rules plaintiffs can sue over gender-neutral harassment.(Brief Article)
September 26, 2005... Byline: Lawyers Weekly USA Staff Offensive workplace conduct that appears to be gender-neutral may nevertheless constitute sexual harassment if it has different effects on male and female employees, the 9th Circuit has ruled. Three...

Vermont Supreme Court rules employer can enforce noncompete agreement.(Brief Article)
September 26, 2005... Byline: Lawyers Weekly USA Staff An employer could enforce a noncompete agreement signed by an employee a year after she was hired - continued employment alone was sufficient consideration to create a binding contract, the Vermont Supreme...

3rd Circuit rules ex-wife's waiver of retiree benefits isn't enforceable under ERISA.(Employee Retirement Income Security Act)
September 26, 2005... Byline: Lawyers Weekly USA Staff A retiree couldn't make his present wife the beneficiary of his pension benefits, even though his former wife had agreed to waive her beneficiary status under the terms of their divorce, the 3rd Circuit has...

AK Supreme Court rules wife's products liability settlement isn't marital property.
September 26, 2005... Byline: Lawyers Weekly USA Staff A products liability settlement that a wife received for injuries suffered prior to her marriage is not marital property, even though she commingled the funds with the husband's assets, the Alaska Supreme...

D.C. Court of Appeals rules landlord can be liable for lead paint exposure.
September 26, 2005... Byline: Lawyers Weekly USA Staff A landlord without actual knowledge of flaking lead paint on its premises may nonetheless be liable for two children's exposure based on a violation of a local housing regulation, the D.C. Court of Appeals...

Two different state courts rule on whether owner of mobile home park can be sued.
September 26, 2005... Byline: Lawyers Weekly USA Staff The owner of a mobile home park could be sued for breaching its duty to protect a resident who was injured during a gang shooting on the premises, the California Court of Appeal has ruled in reversing a...

NJ Supreme Court rules fan hit by foul ball can sue ballpark for injury.(New Jersey )(Brief Article)
September 26, 2005... Byline: Lawyers Weekly USA Staff A fan who was hit in the eye while standing by a concession cart can sue for negligence, the New Jersey Supreme Court has ruled. The concession operator had placed its carts so that customers could face...

TN Supreme Court rules gas station can be sued for selling gas to intoxicated driver.
September 26, 2005... Byline: Lawyers Weekly USA Staff A convenience store can be sued for its employees' action in selling gasoline to an obviously intoxicated driver, the Tennessee Supreme Court has ruled. The driver, who allegedly staggered and smelled...