November 30th, 2012
A Wisconsin man claimed that a former employer hurt his job prospects by spreading the word that he suffered from debilitating migraines. If true, did the former employer expose itself to liability by violating the Americans with Disabilities Act’s medical confidentiality requirement?
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Posted by Pat Murphy
November 29th, 2012
A federal judge has ordered the nation’s top cigarette makers to issue public statements to correct decades of “false and misleading” claims about the dangers and addictiveness of smoking.
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Posted by Pat Murphy
November 21st, 2012
An automobile club may be liable for catastrophic injuries suffered by a club member who was struck by a hit-and-run driver while receiving roadside assistance for a flat tire, a California court decided yesterday.
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Posted by Pat Murphy
November 20th, 2012
A West Virginia man can sue for the wrongful disclosure of his mental health records to his estranged wife and her divorce attorney as a result of last week’s decision by the state’s highest court that HIPAA does not preempt such claims.
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Posted by Pat Murphy
November 19th, 2012
An Oklahoma power plant worker has overcome the typically insurmountable hurdle of workers’ comp exclusivity, getting the green light to pursue an intentional tort claim against his employer for exposure to toxic fly ash.
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Posted by Pat Murphy
November 16th, 2012
A Pennsylvania court on Wednesday struck down a state law prohibiting claims for wrongful birth, reviving the lawsuit of a Jewish couple who alleged they were misinformed of the risk their son would be born with a rare genetic disorder.
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Posted by Pat Murphy
November 15th, 2012
Does state law prohibiting sexual orientation discrimination protect a heterosexual employee who claimed he suffered from a hostile work environment because he was perceived to be a homosexual?
One state court just answered that question in the negative.
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Posted by Pat Murphy
November 14th, 2012
An Indiana lawyer thought he had a case against State Farm when he failed to receive his fair share of a former client’s personal injury settlement.
But a state court just rejected the notion that the auto insurer had any duty to protect the attorney fee lien filed by the discharged lawyer.
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Posted by Pat Murphy
November 13th, 2012
An Illinois court ruled Friday that a lawyer didn’t forfeit his malpractice coverage by admitting he had made a mistake in drafting a will.
In reaching its decision, the court held that a “voluntary payments” clause in his policy was unenforceable as against public policy.
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Posted by Pat Murphy
November 9th, 2012
As young drivers, we are taught to keep our wheels straight when waiting to make a left-hand turn. That’s to prevent us from being propelled into oncoming traffic should we suffer the misfortune of being rear-ended.
But does a driver breach a duty of care to oncoming drivers by failing to follow this simple rule?
Click here to read the full article, and visit the Lawyers USA home page at lawyersusaonline.com for the latest legal news.
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Posted by Pat Murphy