Hostile environment suit needn’t include ‘sex’ claims 
Published: May 22, 2012
Tags: hostile work environment, sexual harassment
A female public employee could sue for hostile work environment under state law – even if the alleged offending conduct fell outside the definition of “sexual harassment,” the Minnesota Supreme Court has ruled.
Party may depose opposing counsel
Published: May 21, 2012
Tags: attorney-client privilege, deposition, work product
State law did not absolutely prohibit a party in a business dispute from deposing the opposing party’s former trial lawyer, the Nevada Supreme Court has ruled.
ERISA plan could offset other disability payments
Published: May 21, 2012
Tags: disability benefits, ERISA, offset
An ERISA plan could reduce an insured’s monthly long-term disability benefits by the amount of disability payments that he received from a separate insurance policy, the 3rd Circuit has ruled in affirming judgment.
Confession shouldn’t have been suppressed
Published: May 21, 2012
Tags: confession, Miranda, Missouri v. Seibert
A criminal defendant’s station house confession was not the product of an impermissible “two-stage” interrogation technique employed by police, the 2nd Circuit has ruled in reversing a suppression order.
Partner can sue partnership for retaliation
Published: May 18, 2012
Tags: retaliation, sexual harassment
A partner in a professional medical practice could sue the partnership for retaliating against her based on her opposing the sexual harassment of employees, the California Court of Appeal has ruled in reversing judgment.
Community property includes military service credit
Published: May 18, 2012
Tags: community property, divorce
Military service credit that a husband purchased during his marriage constituted community property subject to division when he divorced, the California Court of Appeal has ruled in reversing judgment.
Drug maker can’t be sued for off-label marketing
Published: May 18, 2012
Tags: class action, off-label marketing, product liability
A patient and a union health and welfare fund lacked standing to sue Schering Plough for allegedly engaging in illegal marketing campaigns to persuade physicians to prescribe certain drugs for off-label uses, the 3rd Circuit has ruled in affirming a dismissal.
Bankruptcy estate doesn’t include inherited IRA
Published: March 15, 2012
Tags: CHAPTER 13, Individual Retirement Account
Chapter 13 debtors could exempt from their bankruptcy estate an individual retirement account inherited from a relative, the 5th Circuit has ruled in affirming judgment.
New rule on right to counsel retroactive
Published: November 1, 2011
Tags: deportation, immigration, ineffective assistance of counsel, Padilla v. Kentucky, Sixth Amendment
A defendant who pleaded guilty in 2006 could have his conviction overturned because his lawyer failed to advise him of the deportation consequences of his plea, Maryland’s highest court has ruled in reinstating an order granting a new trial.
Developers can be sued for risky home sales
Published: September 23, 2011
Tags: foreclosures, fraud, misrepresentation, real property
Developers could be sued for allegedly injuring homeowners by causing a drop in property values through sales to individuals with a high risk of foreclosure, the 9th Circuit has ruled in reversing a dismissal.
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