Lawyers USA Your Business Partner

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.

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.

Benchmarks: 11th Circuit upholds identity theft conviction 

Published: May 22, 2012

Tags: identity theft

A Mexican woman stands convicted in the U.S. of aggravated identity theft, but contends there is a loophole in the federal statute that should allow her to get out of prison. Yesterday, the 11th Circuit dashed her hopes of freedom.

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.

Benchmarks: Should court have suppressed penile swab? 

Published: May 21, 2012

Tags: exigent circumstances, Fourth Amendment, penile swab, search and seizure

Does the potential loss or destruction of DNA evidence justify the warrantless collection of such evidence from a rape suspect’s private parts following his arrest?

A panel of California judges answered that question on Friday. If you were hoping for a straight yes or no answer, you’ll be disappointed.

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.