Employees at-will despite requirement of ‘just cause’ for firing 
Published: May 4, 2012
Tags: at-will, collective bargaining agreement
Former DuPont employees cannot sue the company for fraud because they were at-will, even though they were covered by a collective bargaining agreement that said they could not be fired “except for just cause,” the 5th Circuit has ruled.
Landlord subject to strict liability for pit bull attack
Published: May 4, 2012
Tags: dog bite, strict liability
A landlord may be liable for injuries sustained by a boy in an attack by a tenant’s pit bull, even in the absence of proof that the animal had dangerous propensities, Maryland’s highest court has ruled in reversing a directed verdict.
Snowmobiler didn’t assume risk of injury
Published: May 4, 2012
Tags: assumption of risk, negligence
The primary assumption of the risk doctrine did not apply to bar liability for negligence in a crash of two snowmobiles, the Minnesota Supreme Court has ruled.
Law firm can be sued for threatening foreclosure
Published: May 3, 2012
Tags: debt collection, Fair Debt Collection Practices Act
A law firm may have violated the Fair Debt Collection Practices Act when it sent a letter demanding that homeowners make their past due mortgage payments or face foreclosure, the 11th Circuit has ruled in reversing a dismissal.
Asbestos policies can be assigned in bankruptcy
Published: May 3, 2012
Tags: Chapter 11, product liability
Liability insurers could not enforce anti-assignment clauses in their policies when their policyholder sought relief in bankruptcy from asbestos claims, the 3rd Circuit has ruled in affirming judgment.
Intoxilyzer certificates admissible without testimony
Published: May 3, 2012
Tags: Confrontation Clause, Crawford v. Washington, drunk driving
A drunk driving defendant’s Confrontation Clause rights were not violated by the admission of Intoxilyzer 5000 certificates without the testimony of the technician who prepared them, the Idaho Court of Appeals has ruled in affirming a conviction.
Wal-Mart agrees to pay $4.8M in back wages, damages
Published: May 3, 2012
Tags: Department of Labor, employee misclassification, Wal-Mart
WASHINGTON – A Department of Labor investigation of Wal-Mart Stores has ended with the company agreeing to pay $4,828,442 in back wages and damages to more than 4,500 employees nationwide.
1st Circuit: Law firm can’t sue Citibank over fake check
Published: May 2, 2012
Tags: Expedited Funds Availability Act, fraud, IOLTA
A law firm could not sue Citibank to recover lost funds from a fraudulent check deposited into the firm’s IOLTA account, the 1st Circuit has ruled in affirming a dismissal.
Mortgage purchaser can be sued under Fair Debt Act
Published: May 2, 2012
Tags: debt collection, Fair Debt Collection Practices Act
A mortgage purchaser may be a “debt collector” liable for violations of the federal Fair Debt Collection Practices Act, the 6th Circuit has ruled in reversing a dismissal.
Officer isn’t immune for wrongful arrest
Published: May 2, 2012
Tags: Fourth Amendment, immunity, §1983
A police officer was not immune from liability when sued for making an arrest without probable cause, the 4th Circuit has ruled in affirming judgment.
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