Ex-spouse’s disability pay counts for income tax purposes 
Published: May 16, 2012
Tags: disability pay, divorce, taxation
A divorced taxpayer was required to report as income her share of her former husband’s disability pay, the U.S. Tax Court has ruled in upholding a $3,587 deficiency assessment.
Driver can sue utility for negligent pole placement
Published: May 16, 2012
Tags: immunity, negligence
A driver could sue an electric utility for the negligent placement of a pole that he struck when he lost control of his vehicle on a snow-covered road, the New Jersey Supreme Court has ruled in reversing judgment.
Debt collector sued for autodialed cell phone calls
Published: May 15, 2012
Tags: cell phone, consumer protection, debt collection, Telephone Consumer Protection Act
A debt collector may have violated the Telephone Consumer Protection Act when its automated dialing system contacted cell phone users with reassigned numbers, the 7th Circuit has ruled in affirming judgment.
Doctor had broad duty to recommend further testing
Published: May 15, 2012
Tags: informed consent, medical malpractice, negligence
A doctor who made a non-negligent misdiagnosis regarding an emergency room patient with stroke-like symptoms could be liable for failing to inform the patient about the availability of a non-invasive diagnostic test that would have definitively identified his condition, the Wisconsin Supreme Court has ruled in affirming judgment.
Insurance doesn’t cover $1.7M junk fax settlement
Published: May 15, 2012
Tags: class action, consumer protection, insurance, junk fax, Telephone Consumer Protection Act
A commercial liability policy does not cover a $1.7 million class settlement against an insured that violated federal consumer protection law by authorizing unsolicited fax advertisements, the Illinois Appellate Court has ruled in affirming judgment.
Satellite monitoring violated sex offender’s rights
Published: May 15, 2012
Tags: due process, sex offender
A convicted sex offender’s due process rights were violated when she was subjected to lifetime satellite monitoring for a probation violation without a finding that she was likely to reoffend, the South Carolina Supreme Court has ruled in reversing judgment.
Starbucks can enforce ‘one button’ dress code
Published: May 14, 2012
Tags: labor law, NLRB
Starbucks didn’t commit an unfair labor practice when it implemented a dress code limiting employees to wearing only one pro-union button on their work uniforms, the 2nd Circuit has ruled.
Walgreens not liable for disability discrimination
Published: May 14, 2012
Tags: ADA, AMERICANS WITH DISABILITIES ACT, disability discrimination
Walgreens didn’t violate federal disability discrimination law when it fired a store manager whose knee injury prevented her from working extended hours and helping subordinates stock shelves, the 1st Circuit has ruled in affirming summary judgment.
State expert could testify on delayed DUI test
Published: May 14, 2012
Tags: drunk driving, expert testimony
The state should be permitted to offer expert testimony explaining retrograde extrapolation to establish that a DUI defendant’s blood alcohol content was over .08 at the time he was driving, the Oregon Supreme Court has ruled in reversing a pretrial order.
Employee can’t get ‘convenient’ commute under ADA
Published: May 14, 2012
Tags: ADA, AMERICANS WITH DISABILITIES ACT, disability discrimination
An employee who suffered from narcolepsy was not entitled to a more convenient commute time as a reasonable accommodation under the Americans with Disabilities Act, the 6th Circuit has ruled in affirming a summary judgment.
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