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Med-mal damages cap violates state constitution 

Published: February 8, 2010
Tags: medical malpractice, non-economic damages, separation of powers

A cap on non-economic damages in medical malpractice cases violates the state constitution, the Illinois Supreme Court has ruled.

Store can be liable for security guard's actions 

Published: January 28, 2008

A grocery store can be held vicariously liable for the intentional torts of a security guard employed by an independent contractor, even in the absence of its own negligence, the Arizona Court of Appeals has ruled in reversing summary judgment for the store.

A store manager had informed the guard of what he perceived as a [...]

Taxpayer can't make offer of compromise 

Published: January 28, 2008

Taxpayers can't make an "offer of compromise" to settle the amount of liability owed to the IRS after they have received a notice of deficiency, the U.S. Tax Court has ruled.

The Commissioner of the IRS sent a notice to a married couple that they owed over $100,000 in income tax and penalties. Under Sect. [...]

Fees for advising trust aren't fully deductible 

Published: January 28, 2008

Investment advisory fees incurred by a trust are generally subject to the same two percent floor applied to individuals for the deduction of itemized expenses from adjusted gross income, except where those fees would not have been incurred if the property were not held in a trust, a unanimous U.S. Supreme Court has ruled.

A testamentary [...]

Statutory damages caps are constitutional 

Published: January 28, 2008

State tort reform statutes capping non-economic and punitive damage awards in certain tort actions do not violate the Ohio Constitution, the Ohio Supreme Court has ruled in answering certified questions from a U.S. District Court.

The plaintiff claimed she suffered serious side effects after using a pharmaceutical manufacturer’s hormonal birth control patch. She argued the state [...]

Post-hire non-compete agreement invalid 

Published: January 28, 2008

A non-compete agreement is unenforceable because it was signed after hiring and the only consideration was continued employment, the Montana Supreme Court has ruled.

The employer originally hired the employee as a salesman for an organic produce business. Three months later he was promoted to sales manager. A month after that, he signed a non-compete agreement [...]

Fingerprint expert can't testify about peer's review 

Published: January 28, 2008

A fingerprint expert’s testimony about a peer’s review of his findings is hearsay, the New Hampshire Supreme Court has ruled.

The defendant was convicted on three counts of arson. At trial, a state fingerprint expert testified he conducted a forensic analysis, known as “ACE-V,” which included four steps: analysis, comparison, evaluation and verification. However, the final [...]

Plaintiff can sue for malicious prosecution under Sect. 1983 

Published: January 28, 2008

A civil rights plaintiff could sue for malicious prosecution after being acquitted of committing battery upon two police officers, even though the defendant had probable cause that a battery had been committed against his fellow officer, the 7th Circuit has ruled in reversing a summary judgment.

A police officer stopped the plaintiff after concluding that he [...]

Homestead cap doesn't apply in bankruptcy case 

Published: January 28, 2008

The homestead exemption cap enacted as part of bankruptcy reform legislation doesn’t apply to a homestead interest established within the applicable statutory period because the debtor acquired title to the property prior to that time, the 5th Circuit has ruled.

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 included a provision that limits the [...]

$8M punitives award against insurer upheld 

Published: January 28, 2008

An $8 million punitive damages award against an insurer that maliciously prosecuted its insured and her friend for fraud was not excessive, even though a jury awarded only $410,000 in compensatory damages, the Missouri Court of Appeals has ruled.
The insurer suspected its insured has conspired with a friend to burn her vehicle and submit a [...]