Lawyers USA Online » Pat Murphy

Business owner can’t be sued for fatal shooting

Pat Murphy — Fri, 24 May 2013 20:04:41 +0000

A business owner could not be sued for the death of a neighbor who was shot in an attempt to stop a robbery of his business, the New Jersey Supreme Court has ruled.

The decision reverses a ruling from a state appellate court. (See “» Continue Reading.

Constitution mandates reduction of crack cocaine sentences

Pat Murphy — Fri, 24 May 2013 16:35:08 +0000

Equal protection requires granting two crack cocaine defendants retroactive relief from racially discriminatory mandatory minimum sentences imposed on them in 2005, the 6th U.S. Circuit Court of Appeals has ruled in reversing judgment.

The Fair Sentencing Act was passed in 2010 to “restore fairness to Federal cocaine sentencing” laws that
» Continue Reading.

Mortgage servicing isn’t ‘consumer transaction’

Pat Murphy — Fri, 24 May 2013 16:32:35 +0000

The servicing of a borrower’s residential mortgage loan is not a “consumer transaction” under state consumer protection law, the Ohio Supreme Court has ruled in answering a certified question from a U.S. District Court.

The defendant is in the business of servicing residential mortgages. As a mortgage servicer, the defendant
» Continue Reading.

Toxic contamination suit not removable under CAFA

Pat Murphy — Fri, 24 May 2013 16:29:31 +0000

An environmental contamination suit brought by more than 500 homeowners was not a removable “mass action” under the Class Action Fairness Act, the 3rd U.S. Circuit Court of Appeals has ruled in affirming judgment.

The plaintiffs are more than 500 citizens of the Virgin Islands who claimed that toxic dust
» Continue Reading.

Suspect’s wife validly consented to warrantless search

Pat Murphy — Fri, 24 May 2013 14:26:11 +0000

A suspect’s decision to remain silent behind a locked bedroom door did not amount to an objection that would override his wife’s consent to a warrantless search of the premises by police, the Colorado Supreme Court has ruled in reversing a suppression order.

Police arrived at the defendant’s home in
» Continue Reading.

Trustee’s mistake voided California foreclosure sale

Pat Murphy — Thu, 23 May 2013 18:10:11 +0000

A trustee could void a nonjudicial foreclosure sale based on its mistake in communicating the lender’s opening bid to the auctioneer, the California Supreme Court has ruled in reversing judgment.

The plaintiff submitted a bid of $22,000 in a nonjudicial foreclosure sale of a home. The lender, which was owed
» Continue Reading.

Check-cashing firm’s arbitration clause enforceable

Pat Murphy — Wed, 22 May 2013 20:39:49 +0000

A check-cashing business could enforce an updated version of an arbitration clause included in its delayed-deposit customer agreements, the Mississippi Court of Appeals has ruled.

The defendant is in the business of delayed-deposit check cashing. Essentially, the business involves cashing the personal checks of customers for up to $500 plus
» Continue Reading.

Medicare statute doesn’t preempt state comp law

Pat Murphy — Wed, 22 May 2013 20:08:43 +0000

The Medicare Secondary Payer Statute does not preempt a state law requiring a workers’ compensation claimant to obtain preauthorization before incurring certain medical expenses, the 5th U.S. Circuit Court of Appeals has ruled in affirming judgment.

The plaintiff injured his back at work and began receiving workers’ compensation benefits from
» Continue Reading.

FTC briefs Senate committee on credit reporting accuracy

Pat Murphy — Wed, 22 May 2013 18:13:44 +0000

Errors in credit reports can cause businesses to deny credit to potentially valuable customers, a director of the Federal Trade Commission warned a U.S. Senate subcommittee earlier this month.

“The Commission recognizes the importance of accurate and complete credit reports, both to businesses that use them to make decisions and
» Continue Reading.

Benchmarks: Ex-NCAA quarterback can pursue publicity claim against EA Sports

Pat Murphy — Wed, 22 May 2013 13:23:53 +0000

The First Amendment does not bar the lawsuit of a former Rutgers quarterback who claims that EA Sports used his likeness without permission in the immensely popular “NCAA Football” series of video games.

That’s the conclusion reached Tuesday by the 3rd U.S. Circuit Court of Appeals.

In reviving the lawsuit
» Continue Reading.