RESPA claims required showing of fee split 
Published: May 24, 2012
Tags: consumer protection, real estate, Real Estate Settlement Procedures Act, RESPA
Home borrowers suing Quicken Loans for violating the Real Estate Settlement Procedures Act were required to show that the lender split an allegedly unearned fee with another party, the U.S. Supreme Court has ruled in a unanimous decision.
Ford isn’t liable for ‘take-home’ asbestos
Published: May 24, 2012
Tags: mesothelioma, product liability, take-home asbestos
Ford Motor Co. isn’t liable for injury allegedly caused by exposure to asbestos carried home on the clothes of independent contractors who worked at one of the auto maker’s plants, the California Court of Appeal has ruled in reversing a $40,000 jury verdict.
Title VII suit isn’t governed by ‘sole reason’ standard
Published: May 24, 2012
Tags: Title VII, workplace discrimination
A Title VII plaintiff was not required to show that unlawful discrimination was the sole reason why he was passed over for a job, the D.C. Circuit has ruled.
Indirect purchasers can’t get homebuyer tax credit
Published: May 24, 2012
Tags: S corporation, taxation
Taxpayers who purchased their home through their subchapter S corporation could not claim a first-time homebuyer credit when they filed their federal income taxes, the U.S. Tax Court has ruled in upholding a deficiency determination.
Doctor can’t share in fault without proof of malpractice
Published: May 24, 2012
Tags: comparative fault, medical malpractice, negligence
A personal injury defendant was required prove all the elements of medical malpractice before a non-party doctor could be found comparatively at fault for the plaintiff’s injuries, the California Court of Appeal has ruled in reversing judgment.
ADA doesn’t protect medical marijuana users
Published: May 23, 2012
Tags: ADA, AMERICANS WITH DISABILITIES ACT, civil rights, disability discrimination, medical marijuana
Federal disability discrimination law does not protect medical marijuana users who claimed their civil rights were violated by local municipalities that interfered with the lawful distribution of the drug, the 9th Circuit has ruled in affirming judgment.
Stryker isn’t liable for pain-pump injury
Published: May 23, 2012
Tags: failure to warn, pain pump, product liability
A medical device manufacturer didn’t violate a duty to warn a patient who allegedly suffered the destruction of cartilage as a result of a pain pump used following shoulder surgery, the 6th Circuit has ruled in affirming a summary judgment.
Employee can’t sue for anti-immigrant bias
Published: May 23, 2012
Tags: employment discrimination, Title VII
Federal employment discrimination law does not provide a remedy for a bank employee who claims she was fired because of her marriage to a Mexican citizen who had entered the U.S. illegally, the 7th Circuit has ruled in affirming a summary judgment.
Md. court must hear same-sex divorce case
Published: May 22, 2012
Tags: comity, same-sex marriage
A state court should have heard a complaint for divorce filed by a woman who entered into a same-sex marriage in another state, Maryland’s highest court has ruled in reversing judgment.
Class claims against Owens Corning weren’t discharged
Published: May 22, 2012
Tags: breach of warranty, Chapter 11, class action, fraud, negligence, strict liability
A class claims seeking damages for alleged defects in Owens Corning roofing shingles were not discharged by the company’s Chapter 11 bankruptcy case, the 3rd Circuit has ruled in reversing a summary judgment.
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