Lawyers USA Your Business Partner

As the year comes to a close, here’s a look back at 10 of the most ground-breaking decisions issued by federal and state courts in 2009.

The list includes a couple of key decisions that opens the door for certain product liability plaintiffs.

Also, keeping pocket-book issues at the forefront, a 9th Circuit decision helps lawyers who represent Social Security claimants, while a decision in a closely watched U.S. District Court case sends a shot across the bow of law firms in the debt collection business.

Two California Supreme Court decisions make our Top Ten list, one that helps employers who want to keep an eye on their employees, and another that adds a weapon to the arsenal of lawyers in the defense of drunk drivers.

The California Supreme Court’s decision upholding the state’s ban on gay marriage didn’t make the list, being trumped by the Iowa Supreme Court’s less predictable ruling that that state’s ban on gay marriage is unconstitutional.

There’s also the landmark federal decision allowing victims of Hurricane Katrina to recover damages from the U.S. Army Corps of Engineers, a ruling that will likely have broader implications for the liability of the federal government in natural disasters.

Smokers can sue for medical monitoring

Long-term cigarette smokers can sue a tobacco company for the cost of medical monitoring required due to their increased risk of lung cancer, Massachusetts’ highest court ruled in answering questions certified by a U.S. District Court.

Cell phone claims not completely preempted

Federal law does not completely preempt product liability claims alleging that radiation from cell phones causes brain cancer, the D.C. Court of Appeals ruled.

Social Security attorneys entitled to contingency fees

Lawyers who successfully represented Social Security claimants are entitled to their contingency-based fees, the en banc 9th Circuit ruled.

Law firm violated Fair Debt Act

A law firm violated federal debt collection law by sending out a debt collection letter without undertaking a “meaningful review” of the debtor’s case, a U.S. District Court in New York ruled in entering a verdict following a bench trial.

In-house lawyers can bring Sarbanes-Oxley suit

An attorney’s duty to protect client confidences does not necessarily prevent two in-house lawyers from bringing a federal whistleblower suit against their former employer, the 9th Circuit ruled in reversing a summary judgment.

Fiancé can’t sue for retaliation under Title VII

A man who was fired after his co-worker and fiancée filed a discrimination charge with the EEOC can’t sue for retaliation under Title VII, the en banc 6th Circuit ruled.

Government liable for Hurricane Katrina damage

The federal government is liable for damage suffered by five property owners when a system of levees failed during Hurricane Katrina, a U.S. District Court in Louisiana ruled in rendering a $720,000 verdict.

Employer may use hidden cameras

An employer’s limited use of hidden cameras in the workplace didn’t violate its employees’ privacy, the California Supreme Court has ruled in reversing a summary judgment.

Expert can testify on variability in breath tests

A drunk driving defendant should have been allowed to introduce expert testimony that the blood-alcohol content indicated by his breath test overstated the actual amount of alcohol in his blood, the California Supreme Court has ruled.

Iowa statute prohibiting same-sex marriage is void

A state statute limiting civil marriage to a union between one man and one woman violates the state constitution, the Iowa Supreme Court has ruled.

–Patrick M. Murphy

Close this Window Bookmark and Share This Page

Save to Browser Favorites / Bookmarks

Print RSS Feed Ask backflip blinklist BlogBookmark Bloglines BlogMarks Blogsvine BuddyMarks BUMPzee! CiteULike co.mments

Connotea del.icio.us Digg diigo DotNetKicks DropJack dzone Facebook Fark Faves Feed Me Links Friendsite folkd.com

Furl Google Hugg Jeqq Kaboodle kirtsy linkaGoGo linkedin LinksMarker Ma.gnolia Mister Wong Mixx MySpace

MyWeb Netvouz Newsvine oneview OnlyWire PlugIM Propeller Reddit Rojo Segnalo Shoutwire Simpy Slashdot

Sphere Sphinn Spurl Squidoo StumbleUpon Technorati ThisNext Tumblr Twitter Webride Windows Live Yahoo!

Email This to a Friend

Copy HTML: 

 If you like this then please subscribe to the RSS Feed.

More »