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Monthly Archives: November 2012

7th Circuit takes narrow view of medical confidentiality

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?

Click here to read the full article, and visit the Lawyers USA home page  at lawyersusaonline.com for the latest legal news.

HIPAA doesn’t preempt wrongful disclosure suit

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.

Click here to read the full article, and visit the Lawyers USA home page  at lawyersusaonline.com for the latest legal news.

Pa. court tosses ban on wrongful birth suits

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.

Click here to read the full article, and visit the Lawyers USA home page  at lawyersusaonline.com for the latest legal news.

Can ‘perceived homosexual’ bring job-bias suit?

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.

Click here to read the full article, and visit the Lawyers USA home page  at lawyersusaonline.com for the latest legal news.

Auto insurer had no duty to protect lawyer’s fee

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.

Click here to read the full article, and visit the Lawyers USA home page  at lawyersusaonline.com for the latest legal news.

Lawyer’s admission of mistake didn’t void insurance

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.

Click here to read the full article, and visit the Lawyers USA home page  at lawyersusaonline.com for the latest legal news.

Court limits duty of left-turning drivers

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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