Successive vehicle collisions may be a single ‘accident’ 
Published: March 11, 2010
Tags: automobile insurance, “accident” coverage
A driver who in succession struck two bicyclists along a highway may have been involved in a single “accident” for the purpose of determining her automobile insurance coverage, the Georgia Supreme Court has ruled in answering a certified question from a U.S. District Court.
Police don’t need warrant to search trailer
Published: March 11, 2010
Tags: Fourth Amendment, search and seizure, warrantless search
Police could search a detached trailer for drugs without first obtaining a warrant, the 2nd Circuit has ruled in reversing a suppression order.
Unsolicited fax claim can go forward
Published: March 10, 2010
Tags: junk fax, jurisdiction, Telephone Consumer Protection Act
A lawsuit in state court over unsolicited faxes can go forward under the federal Telephone Consumer Protection Act even though the state legislature didn’t enact enabling legislation, the Illinois Appellate Court has ruled.
Law associate can sue for wrongful discharge
Published: March 10, 2010
Tags: disability discrimination, reasonable accommodation, wrongful discharge
A law associate’s wrongful discharge suit wasn’t time-barred, because she filed in a timely manner with respect to when she first received “unequivocal” notice that she would lose her job, the D.C. Court of Appeals has ruled in reversing a dismissal.
Witness statements are discoverable
Published: March 10, 2010
Tags: work-product privilege
A wrongful death plaintiff is entitled to obtain witness statements taken and recorded at the behest of defense attorneys, the California Court of Appeal has ruled.
Murder victim’s text message admissible
Published: March 9, 2010
Tags: Confrontation Clause, Crawford v. Washington
A murder defendant’s constitutional right to confront witnesses was not violated by the admission at trial of the victim’s last text message to a friend, the Arizona Court of Appeals has ruled in affirming a conviction.
Law firm can’t block bankruptcy dismissal
Published: March 8, 2010
Tags: Chapter 11
A law firm that acted as counsel for the creditors’ committee in a Chapter 11 bankruptcy lacked standing to challenge dismissal of the case, the 7th Circuit has ruled.
Learned intermediary doctrine bars Paxil suit
Published: March 8, 2010
Tags: drug litigation, learned intermediary doctrine, Paxil, product liability
The “learned intermediary” doctrine applies to preclude liability in a wrongful death suit brought by a woman whose husband committed suicide while taking an anti-depressant manufactured by the defendant, the 11th Circuit has ruled in affirming judgment.
Doctor can’t misrepresent ‘track record’
Published: March 8, 2010
Tags: medical malpractice
A medical malpractice plaintiff may pursue an informed consent claim based on her doctor’s alleged misrepresentation of his “track record” with a particular procedure, experience and litigation history, the 10th Circuit has ruled in reversing a summary judgment.
Justices to hear case on employees’ rights
Published: March 8, 2010
Tags: privacy rights
Would the government violate the privacy rights of federal contract employees by conducting a background investigation into whether they had received treatment or counseling for illegal drug use, as well as asking references for any adverse information about the employees on a variety of topics, ranging from mental stability to financial integrity?
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