NLRB reversed again due to ‘invalid’ Obama recess appointment 
Published: May 17, 2013
Tags: National Labor Relations Board, NLRB, recess appointments
A second federal appeals court has ruled that an order issued by the National Labor Relations Board cannot be enforced because of an “invalid” recess appointment by President Barack Obama.
Court nixes $1.5M fee award in coupon-based class settlement
Published: May 17, 2013
Tags: attorney fees, class action fairness act, consumer protection
A $1.5 million award of attorney fees in a coupon-based settlement of a consumer class action violated the Class Action Fairness Act, the 9th U.S. Circuit Court of Appeals has ruled in reversing judgment.
State cap on punitive damages constitutional
Published: May 17, 2013
Tags: clergy sex abuse, damages cap, punitive damages
A state law that places a $50,000 cap on a personal injury plaintiff’s punitive damages does not violate the state constitution, the Indiana Supreme Court has ruled in reversing judgment.
Lien-stripping allowed in ‘Chapter 20’ bankruptcy
Published: May 17, 2013
Tags: "Chapter 20", CHAPTER 13, lien-stripping
The Bankruptcy Abuse Prevention and Consumer Protection Act did not create a per se rule barring lien-stripping in so-called “Chapter 20″ cases, the 4th U.S. Circuit Court of Appeals has ruled in affirming judgment.
Vendor could be liable for crash caused by improperly loaded cargo
Published: May 17, 2013
Tags: automobile accident, distracted driving, superseding cause, vendor liability
A vendor could be liable for a motor vehicle accident that was allegedly caused by the distraction created by cargo that was improperly loaded onto a customer’s vehicle, the California Court of Appeal has ruled in reversing judgment.
HHS proposes tougher child care safety measures
Published: May 17, 2013
Tags: child care, Department of Health and Human Services, federal agencies, safety
WASHINGTON – New proposed regulations would impose stricter safety requirements on child care providers who receive federal funding.
Landowners may have duty to fix ‘open and obvious’ hazards
Published: May 16, 2013
Tags: landlord-tenant, negligence, premises liability, “open and obvious danger” doctrine
The “open and obvious danger” rule does not apply to preclude a finding of negligence in a premises liability action filed by a tenant who was injured when he unsuccessfully attempted to flip into an inflatable pool from a trampoline, Massachusetts’ highest court has ruled in reversing a defense verdict.
Homeowners association had implied authority to regulate common area
Published: May 16, 2013
Tags: homeowners association, real property, restrictive covenants
A homeowners association was not required to have express rulemaking authority in order to limit the types of watercraft that residents could use in an adjoining lake, the Illinois Appellate Court has ruled in affirming judgment.
Probation term allowed search of girlfriend’s purse
Published: May 16, 2013
Tags: Fourth Amendment, probation, search and seizure
Police conducting a probation search of an apartment could examine the contents of a purse belonging to the probationer’s girlfriend, the California Court of Appeal has ruled in affirming a drug conviction.
Benchmarks: Indiana Supremes restore cap on punitive damages
By:
Pat Murphy
Published: May 16, 2013
Tags: clergy sex abuse, damage caps, punitive damages, right to jury trial, separation of powers
The Indiana Supreme Court has overturned a lower court ruling that the state’s $50,000 cap on punitive damages violated a personal injury plaintiff’s right to a jury trial.
