Mayor entitled to qualified immunity in employment suit (access required)

Published: March 17, 2010
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A town mayor was entitled to qualified immunity in a suit brought by a former employee he had fired, the 2nd Circuit has ruled in reversing a U.S. District Court.

Charge for unpaid child support not time-barred

Published: March 17, 2010
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Because a violation of the Deadbeat Parents Punishment Act is a continuing offense, a charge against the defendant for more than $65,000 in unpaid child support was not time-barred, the 7th Circuit has ruled.

Use of ‘suggested retail price’ may constitute fraud (access required)

Published: March 16, 2010
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A store that claimed its prices were discounted from an inflated, made-up “suggested retail price” may have violated a state consumer fraud statute, the 7th Circuit has ruled.

Zometa claims can go forward (access required)

Published: March 13, 2010
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A state presumption in favor of manufacturers does not apply to defeat product liability claims brought by plaintiffs who alleged they suffered severe jaw deterioration after taking the defendant’s bone-strengthening drugs, a U.S. District Court in Tennessee has ruled in denying a motion for summary judgment.

Tobacco firm can litigate ‘light’ cigarette claims (access required)

Published: March 13, 2010
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Prior decisions in a civil RICO suit against the tobacco industry do not preclude a tobacco company from litigating certain issues in a new lawsuit alleging that the company fraudulently marketed and advertised light cigarettes, a U.S. District Court in Maine has ruled.

Bankruptcy court can’t decide student loan costs (access required)

Published: March 13, 2010
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A bankruptcy court lacked jurisdiction to determine the interest and collection costs resulting from a default on student loan that occurred after a Chapter 13 estate was closed and the debtor discharged, the 4th Circuit has ruled in reversing judgment.

Reduced benefits for Mexican family constitutional (access required)

Published: March 12, 2010
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A state law requiring a reduction in benefits for nonresident aliens is constitutional, the Iowa Supreme Court has ruled.

Doctor can give expert opinion (access required)

Published: March 12, 2010
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A doctor’s expert opinion on the reasons for the failure of an artificial elbow joint is admissible, the 9th Circuit has ruled in reversing a U.S. District Court.

Nationwide settlement doesn’t bar state class action (access required)

Published: March 12, 2010
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The terms of a nationwide consumer settlement over cell phone billing practices did not bar a class action challenging the cell phone company’s practice of passing on the cost of certain state taxes to its customers, the 9th Circuit has ruled in reversing a summary judgment.

ERISA plan could use federal job description (access required)

Published: March 12, 2010
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An ERISA plan could use a federal job description for a plaintiff’s occupation - rather than his actual job description - in deciding whether he was eligible for long-term disability benefits, the 8th Circuit has ruled in affirming judgment.

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