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August 19, 2008

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August 21, 2008

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Saying Goodbye to Your Cellphone Carrier Just Got Cheaper, Thanks to a California Ruling: Why the Court's Decision was Correct, but Is Only Part of a Longer Story

August 12, 2008

(FindLaw's Writ) - Saying Goodbye to Your Cellphone Carrier Just Got Cheaper, Thanks to a California Ruling: Why the Court's Decision was Correct, but Is Only Part of a Longer Story By ANITA RAMASASTRY Tuesday, Aug. 12, 2008 ...

If the Government Plans to Hold Salim Hamdan Indefinitely, Despite His Sixty-Six Month Sentence, What Was the Point of Putting Him on Trial?

August 11, 2008

(FindLaw's Writ) - If the Government Plans to Hold Salim Hamdan Indefinitely, Despite His Sixty-Six Month Sentence, What Was the Point of Putting Him on Trial? By MICHAEL C. DORF Monday, Aug. 11, 2008 ...

A Federal Appeals Court Invalidates the Federal Communications Commission's Massive Fine for the "Nipplegate" Super Bowl Incident: The Decision and Its Implications

August 04, 2008

(FindLaw's Writ) - A Federal Appeals Court Invalidates the Federal Communications Commission's Massive Fine for the "Nipplegate" Super Bowl Incident: The Decision and Its Implications By JULIE HILDEN Monday, Aug. 04, 2008 ...

Why A Federal Judge Was Right to Dismiss Former Congressman Gary Condit's Most Recent Defamation Suit Against Journalist Dominick Dunne For Comments Relating to Chandra Levy's Murder

July 18, 2008

(FindLaw's Writ) - Why A Federal Judge Was Right to Dismiss Former Congressman Gary Condit's Most Recent Defamation Suit Against Journalist Dominick Dunne For Comments Relating to Chandra Levy's Murder By JULIE HILDEN Friday, Jul. 17, 2008 ...

The U.S. Court of Appeals for the Eighth Circuit Approves An "Informed Consent" Requirement for Abortions: The Slippery Quality of Statutory Definitions

July 09, 2008

(FindLaw's Writ) - The U.S. Court of Appeals for the Eighth Circuit Approves An "Informed Consent" Requirement for Abortions: The Slippery Quality of Statutory Definitions By SHERRY F. COLB Wednesday, Jul. 9, 2008 ...

July 09, 2008

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Merrill Lynch Built $40B 'House of Cards,' Subprime Suit Says

June 12, 2008

(Andrews) - New York investment bank Merrill Lynch is facing a class-action lawsuit accusing it and top executives of deceiving investors last year by hiding a $40 billion exposure to risky subprime mortgage loans.The amended suit, filed by the Ohio State Teachers' Retirement System, consolidates seven securities fraud complaints pending in the U.S. District Court for the Southern District of New York. It alleges that thousands of investors, relying on Merrill Lynch's "false ...

The Southern Baptist Convention's Unconvincing Claims as to Why It Cannot Effectively Report or Prevent Clergy Child Abuse ï¿½ and How Insurance Companies Can Exert Pressure to Ensure Better Systems

June 12, 2008

(FindLaw's Writ) - The Southern Baptist Convention's Unconvincing Claims as to Why It Cannot Effectively Report or Prevent Clergy Child Abuse ï¿½ and How Insurance Companies Can Exert Pressure to Ensure Better Systems By MARCI HAMILTON Thursday, Jun. 12, 2008 ...

Last Phase of HP's $6.3M Settlement Over Spy Scandal OK'd

June 18, 2008

(Andrews) - A Delaware state court judge has approved the final phase of a $6.3 million settlement of shareholder suits over a boardroom spying scandal at Hewlett-Packard Co. following the ouster of CEO Carly Fiorina and the acquisition of Compaq Computer Co. Vice Chancellor John Noble dismissed the consolidated suits in the Delaware Chancery Court and awarded $2.5 million in attorney fees to the plaintiffs. Hewlett-Packard in April paid $3.8 million ...

No Probable Cause - No Bank Records, Wis. High Court Rules

June 18, 2008

(Andrews) - A divided Wisconsin Supreme Court has ruled that bank records the police obtained without probable cause and incriminating statements a woman made after being confronted with the documents cannot be used in court.In a 5-2 vote the high court said suppression was appropriate even though applicable state law does not expressly provide for exclusion of the evidence. According to the record, Michelle Popenhagen worked at a Wisconsin grocery store. While investigating ...

N.J. High Court Voids Vioxx Medical Monitoring Class

June 13, 2008

(Andrews) - The New Jersey Supreme Court has ruled that Merck & Co. is not required to finance a medical monitoring program for former Vioxx users who do not claim injury from taking the recalled pain drug.Restoring a trial court ruling that rejected certification of a medical monitoring class under the New Jersey Products Liability Act, the high court said the proceeding could not advance because the plaintiffs allege no "manifest injury." The ...

The Supreme Court's Term So Far: An Unusual Degree of Agreement, With Liberals Joining "Conservative" Rulings and Vice-Versa

June 06, 2008

(FindLaw's Writ) - The Supreme Court's Term So Far: An Unusual Degree of Agreement, With Liberals Joining "Conservative" Rulings and Vice-Versa By EDWARD LAZARUS Friday, Jun. 6, 2008 ...

Does the Constitution Permit Government to Favor Religion over Nonreligion? Justice Scalia Says Yes

June 04, 2008

(FindLaw's Writ) - Does the Constitution Permit Government to Favor Religion over Nonreligion? Justice Scalia Says Yes By MICHAEL C. DORF Wednesday, Jun. 4, 2008 ...

A Servicewoman Prevails in Her Bid to Reinstate Her Constitutional Challenge to the "Don't Ask, Don't Tell" Policy

June 05, 2008

(FindLaw's Writ) - A Servicewoman Prevails in Her Bid to Reinstate Her Constitutional Challenge to the "Don't Ask, Don't Tell" Policy: What Are the Implications of the Ninth Circuit's Ruling in Witt v. Secretary of the Air Force? By VIKRAM DAVID AMAR Thursday, ...

Diller's Five-Way Split Allowed in Media Moguls' Pact

May 29, 2008

(Andrews) - A recent legal settlement by feuding media giants allows Barry Diller to split his IAC/Interactive Corp. five ways and gives rival John Malone more board representation on those companies in return for dropping his Delaware state court lawsuit over the transaction.Malone's Liberty Media Corp. voluntarily dropped its appeal of a March 28 Delaware Chancery Court ruling that had cleared the way for Diller to spin off Ticketmaster, the Home Shopping Network, Lending Tree and timeshare program operator Interval International from IAC. ...

How the Supreme Court's Lethal Injection Ruling Elevates Appearances Over Reality

April 21, 2008

(FindLaw's Writ) - Last week, in Baze v. Rees, the U.S. Supreme Court rejected a constitutional challenge to Kentucky's administration of the death penalty via lethal injection. To say that the case divided the Justices would be a gross understatement. There was no opinion for the Court as a whole, and the nine Justices wrote a total of seven separate opinions. In the short term, the Baze decision will result in the resumption of executions, which had been subject to a de facto moratorium since the Court agreed to hear the case. In ...

Ford Explorer Class Action Settlement

April 17, 2008

(Common Law Blog) - The settlement of a Ford Explorer class action case has been approved by a California judge, awarding "discount certificates" to vehicle owners in four states. According to Reuters, under the settlement -- which applies to most new Explorers purchased or leased between 1991 and 2001 in California, Connecticut, Illinois, and Texas -- Ford will issue $500 "discount certificates" for the purchase or lease of a new ...

Why Congress Must Act to Protect Air Passengers A Lawsuit Brought by Passengers Trapped on the Tarmac Without Basic Necessities

April 18, 2008

(FindLaw's Writ) - This column is Part Two in a two-part series on this subject. Part One appeared recently on this site. - Ed. At the outset of the Summer 2008 travel season, as many readers will be well aware, airlines left countless thousands of passengers stranded. The delays and cancellations occurred because airlines had unconscionably failed to keep planes in compliance with safety regulations, and the Federal Aviation Administration (FAA) had finally been embarrassed by whistleblowers into taking action. ...

Nursing Home Residents Shouldn't Lose Right to Sue, Senators Say

April 18, 2008

(Andrews) - The Senate has introduced a bill that would prohibit nursing homes from having residents sign away their right to sue before any disputes arise.The Fairness in Nursing Home Arbitration Act would bar the facilities from asking prospective residents to sign arbitration agreements before being admitted. Herb Kohl, D-Wis., who chairs the Senate Special Committee on Aging, and committee member ...

3rd Cir. Rejects Suits Over Drugs' Lack of Suicide Warnings

April 15, 2008

(Andrews Publications) - The makers of two popular antidepressants cannot be sued for not including on the drugs' labels enhanced warnings about their alleged risk of suicide, the 3rd Circuit has ruled, saying the Food and Drug Administration did not mandate such disclosure.

National Geographic 'Zone' Book Infringes Trademark, Suit Says

April 15, 2008

(Andrews Publications) - The National Geographic Society is infringing trademarks held by the creator of the "Zone" diet and lifestyle program by publishing its own health-related book titled "The Blue Zone," a Massachusetts federal court suit alleges.

Texas Man Sues Doctor for Negligence, Fraudulent Billing

April 11, 2008

(Andrews Publications) - A Houston doctor's negligent treatment and fraudulent billing scheme left one of his patients with a permanently damaged right hand and wrist, according to a Texas state court lawsuit.

Bally Fitness Faces Pa. Class Suit Over Startup Fees

April 10, 2008

(Andrews Publications) - A Pennsylvania federal judge has approved a class of more than 140,000 Bally Total Fitness health club members who allegedly paid excessive startup fees over defense objections that membership costs were not common to the class.

Judge OKs Probe of Countrywide's Bankruptcy Tactics

April 10, 2008

(Andrews Publications) - A Justice Department official can pursue her investigation into whether mortgage lender Countrywide Home Loans has serially cheated bankrupt borrowers in their bankruptcy cases, a Pennsylvania federal judge has ruled.

Investors Learn How to Hold Prime Subprime Villains Accountable

April 10, 2008

(Andrews Publications) - Investors and attorneys left a "subprime crisis" seminar in New York armed with ways to hold officers, directors and advisers of troubled financial services giants accountable for losing more than $700 billion on risky mortgage-backed securities.

Muslim Worker Can Pursue Religious-Bias Case

April 9, 2008

(Andrews Publications) - A federal appeals court has reinstated a Muslim worker's lawsuit alleging he was subjected to a religiously hostile work environment that his employer knew about but ignored.

Students' Harassment Complaints Enjoy Absolute Privilege

April 8, 2008

(Andrews Publications) - Student complaints filed under a university's antiharassment policy are protected by an absolute privilege and cannot be the basis for a slander lawsuit by the alleged harasser, the Indiana Supreme Court has ruled.

Fla. Woman Wins $750K From Cooper Tire Over Husband's Death

April 7, 2008

(Andrews Publications) - A Florida state court jury has awarded the widow of a man killed in a minivan rollover accident $750,000 in damages, finding that a defective Cooper tire led to the crash.