School must accommodate parent’s latex allergy 
Published: February 3, 2012
Tags: AMERICANS WITH DISABILITIES ACT, civil rights, disability discrimination, handicap
A parent with a latex allergy was “handicapped” under a local civil rights law and, therefore, entitled to a reasonable accommodation by her child’s school, Maryland’s highest court has ruled.
Gov’t supervisor may be liable for FMLA violation 
Published: February 3, 2012
Tags: fair labor standards act, Family and Medical Leave Act, FLSA, FMLA, supervisor liability
A supervisor at a public agency may be individually liable for alleged violations of a subordinate’s right to medical leave under federal law, the 3rd Circuit has ruled in reversing a summary judgment.
Foreclosing bank can’t set aside bankruptcy stay 
Published: February 3, 2012
Tags: automatic stay, CHAPTER 13, foreclosure, mortgage
A bank seeking to proceed with a home foreclosure lacked standing to obtain relief from the automatic stay entered in the homeowner’s bankruptcy case, the 10th Circuit has ruled in reversing judgment.
Deceived husband can recover child-rearing costs 
Published: February 2, 2012
Tags: paternity
A man who was deceived as to the paternity of a child born during his marriage could sue the girl’s biological father to recover his child-rearing expenditures, the Connecticut Supreme Court has ruled in reversing judgment.
Lawyer’s fee has priority over hospital’s lien 
Published: February 2, 2012
Tags: attorney fees, lien
A hospital’s lien against a personal injury settlement did not attach until after the plaintiff’s lawyer had taken his fee, the Delaware Supreme Court has ruled in reversing judgment.
State court can’t modify child support order 
Published: February 2, 2012
Tags: child support, Uniform Interstate Family Support Act
A state court lacked jurisdiction to modify a child support order after the parties and their children had left the state, the Nevada Supreme Court has ruled in reversing judgment.
Stolen Valor Act constitutional 
Published: February 1, 2012
Tags: First Amendment, Stolen Valor Act
A defendant could be convicted for misrepresenting himself as a decorated veteran without violating his First Amendment right of free speech, the 10th Circuit has ruled in reversing judgment.
State can recover Medicaid costs from annuity 
Published: February 1, 2012
Tags: estate planning, Medicaid, Medicaid planning
Federal law permits a state to recover against a community spouse’s annuity for an institutionalized spouse’s Medicaid costs, the 9th Circuit has ruled in affirming judgment.
Juror’s Internet research triggers new trial 
Published: February 1, 2012
Tags: juror misconduct
A criminal defendant who was an immigrant from Somalia was entitled to a new trial when it was revealed that a juror had conducted Internet research regarding his culture, the Vermont Supreme Court has ruled in reversing a sexual assault conviction.
Lawyers may market services on ‘discount’ websites 
Published: January 31, 2012
Tags: ethics, Groupon, Rules of Professional Conduct
Lawyers may market legal services on “deal of the day” or “group coupon” websites without violating the rules of professional conduct, a New York ethics panel has concluded.
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