azcentral.com: The Supreme Court is expected to rule on the constitutionality of some provisions of the “Affordable Care Act” (Obamacare). At this point, however, an article in azcentral.com explains why analysts expect that the ruling will not change the tide that will cause more employees in Arizona to pay more fees for health care. Employers [...]
findlaw.com: Have you been hurt in an accident that wasn’t your fault? No, we’re not hawking legal services on television. We just want to let you know that you may need to bring a serious claim if you’re hoping to collect on the pain and suffering. This article details the factors that jurors may consider:
Findlaw.com: Mitch Torbett was arrested in Tennessee for a crime committed by his identical – and deceased – twin brother. He’s suing authorities for the 36 hours he spent in jail and according to this article, he won’t likely win.
abajournal.com: According to this article, a landmark Florida case will be heard this week by the Florida Supreme Court. The Court weighed in on its reasoning for hearing a twice-dismissed action:
“The question certified to us by the Fourth District Court of Appeal in this case transcends the individual parties to this action because it [...]
thomsonreuters.com: Today in Missoula, Montana, a lawsuit against the author of Three Cups of Tea, Greg Mortenson, was thrown out today with the judge citing “flimsy” claims by the Plaintiff:
But U.S. District Judge Sam Haddon dismissed the case for what he said was the “imprecise, in part flimsy, and speculative nature of the claims [...]
thomsonreuters.com: The Supreme Court has agreed to decide the application of its two year-old ruling on immigrants have a constitutional right to effective assistance of counsel and must be told about possible deportation as a result of a guilty plea:
The justices said they would consider whether its March 31, 2010, ruling would apply retroactively [...]
huffingtonpost.com: A federal judge has halted plans to “de-fund” Planned Parenthood in Texas:
U.S. District Judge Lee Yeakel ruled that the law was unconstitutional because it bars eight Planned Parenthood clinics that don’t provide abortions from participating in the program based on their affiliation with legally and financially separate entities that offer abortions.
azcentral.com: According to this article, “[t]he Arizona Housing Alliance, made up of leaders in the housing industry, is considering legal action to stop a proposed $50 million sweep from the mortgage settlement fund to balance the state’s budget.”
kliv.com: A home depot worker has sued against the major chain store for denying the worker a chair to use as he greeted customers. The lawsuit is taking place in East Palo Alto, California. California has been home to several attorneys who have filed literally hundreds of lawsuits alleging ADA discrimination, according to this article in [...]
cnn.com: John Edwards’ trial began today in Greensboro, North Carolina. The prosecution claims that Mr. Edwards broke the law to hide the fact that he was going to have a baby with his mistress. According to cnn.com, Mr. Edwards faces prison time if convicted of the charges of filing false and misleading campaign disclosure reports.
It was big news last week when prosecutors charged George Zimmerman with second-degree murder in the shooting of Trayvon Martin. But Zimmerman could walk free if a judge decides his actions fall under Florida’s “stand your ground” law, which gives broad leeway to people to shoot in self-defense. There is no way to undo [...]
cnn.com: A ruling is expected in a race discrimination class-action in Iowa based on an update from cnn.com:
The plaintiffs’ attorneys say the discrimination is not necessarily a result of overt racism. They say the discriminatory hiring was often the result of implicit bias – an unconscious preference of the mostly white hiring officials for [...]
forbes.com: According to the latest from Forbes, Fox news employee who provided material to the Gawker to expose the “seedy underbelly” (not our choice of words) of Fox news may have more than a civil lawsuit on his hands. According to New York state law, he may have committed a crime. Fox News says he’s [...]
For the second time in the same number of weeks, the Court of Appeals for the Federal Circuit, the circuit that hears all patent infringement appeals, has found software claims indefinite because the claims used means-plus-function language, but the specification did not, in the court’s opinion, sufficiently describe an algorithm that operates to make the [...]
Selective serotonin re-uptake inhibitors (SSRIs) revolutionized the treatment of depression beginning about 25 years ago. But in recent years, these drugs have been linked to cardiac defects in babies born to mothers who took SSRIs during their first trimester of pregnancy. The drugs have also been linked to Persistent Pulmonary Hypertension of the Newborn (PPHN). [...]
Denver Post: “A federal court has thrown out a 2010 Colorado law meant to spur online retailers like Amazon to collect state sales tax. . . . ‘I conclude that the veil provided by the words of the act and the regulations is too thin to support the conclusion that the act and [...]
Reuters: “The Obama administration on Tuesday said it was preparing to sue Arizona county sheriff Joe Arpaio and his department for violating civil rights laws by improperly targeting Latinos in a bid to crack down on illegal immigrants.”
Could there be a link to the Obama administration’s investigation of Sheriff Joe [...]
Reuters: “AOL Inc on Friday won the dismissal of a lawsuit by unpaid bloggers who complained they were deprived of their fair share of the roughly $315 million that the company paid last March to buy The Huffington Post website. . . . “no one forced” the bloggers to repeatedly provide their work [...]
Estate of Denial: Here’s a tip for you: Listening to really, really loud sounds over long periods of time can damage your hearing.
Perhaps you already knew that. But a few years back, a group of clever trial lawyers decided they could make some serious money by arguing in court that you [...]
ABA Journal: A federal judge in Santa Ana, Calif., today nearly trebled the $88 million that Mattel Inc. was earlier ordered to pay a competitor in a hard-fought case over the rights to the popular Bratz doll line.
Mattel must pay MGA Entertainment Inc. $85 million in punitive damages and $2.5 [...]
ABA Journal: A company that sued a so-called Twittersquatter for using its name to post sarcastic tweets has dropped its legal effort.
Coventry First dropped the suit late Tuesday, according to Public Citizen’s Consumer Law & Policy Blog. Public Citizen had defended the anonymous person who used the @coventryfirst handle. (The author [...]
Scribd.com: When the former owner of the Dallas Mavericks sold the team, he retained 5% ownership. A few years after selling the team, he filed multiple lawsuits accusing the new owner of mismanaging the team and even doing illegal things with the money. Yesterday the owner of the Dallas Mavericks fired back with probably the [...]
Law.com: The Supreme Court on Monday handed a sweeping victory to Wal-Mart, the nation’s largest employer, in the company’s decade-long effort to thwart a discrimination class action filed on behalf of more than 1 million female current and former workers. The ruling is likely to hobble other large employment class actions as well.
ABA Journal: If litigation had more dramatic resolutions, fee-shifting litigation would be a lot easier, Justice Elena Kagan muses in a U.S. Supreme Court ruling today on attorney fee awards.
San Francisco Chronicle: “A female jail guard’s strip search of a male inmate was a ‘humiliating event’ that violated his rights, a divided federal appeals court in San Francisco ruled Wednesday.”
The Volokh Conspiracy: “Here’s the opinion, handed down today, in Williams v. State. The court interprets Heller and McDonald as focused on home possession of guns, arguing that ‘it is clear that prohibition of firearms in the home was the gravamen of the certiorari questions in both Heller and McDonald and their answers. [...]
Arizona Republic: “Defendants in a high-profile real-estate investment fraud lawsuit stemming from the sale of apartment-conversion condos in Phoenix said they would consider settling the case while continuing to deny any wrongdoing . . . . The former principals of Right Place Properties and Red Door Group [Earl Ricker, Drew Grunwald, Rob Porter [...]
Philadelphia Inquirer: “A federal jury will be asked to decide whether it is acceptable for an African American person, but not a white person, to use the “n” word in a workplace.”
Business Law Alert: “It is clear that business people need to have at least a cursory understanding of what constitutes a SLAPP action before pursuing litigation, since it is equally clear that many attorneys are not conversant with this area of the law. . . . A ‘SLAPP suit’ is a lawsuit that [...]
Investors Business Daily: “Congress has OK’d nearly $5 billion for black and Native American farmers who claim they were discriminated against. This is redistribution of wealth in the name of environmental and social justice. Reparations have begun. . . . Pigford v. Glickman was a class action lawsuit against the Department of Agriculture [...]