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Cell phone image may justify search

February 22, 2010 4:47 PM

A search warrant may be based in part on an incriminating photo on the defendant’s cell phone viewed in plain view by a police officer during an investigative stop, the Wisconsin Supreme Court has ruled in reversing a suppression order.

Defense expert can't rely on breath test: A defense expert in a drunk driving case could not base his testimony on a preliminary breath test administered by police just prior to the defendant’s arrest, the Wisconsin Supreme Court has ruled in affirming judgment.

Click here for the Lawyers USA Criminal Law page.

Negligent architect isn't liable for economic loss

February 22, 2010 4:07 PM

An architectural firm could not be sued for economic losses allegedly resulting from its negligent design of an apartment complex, the Arizona Supreme Court has ruled.

In other news…

Nursing home arbitration clause unenforceable: A provision in a nursing home contract requiring mandatory pre-dispute arbitration is unenforceable, the Montana Supreme Court has ruled in denying a motion to compel arbitration.

New HIPAA rule to be enforced next week: WASHINGTON - New rules covering HIPAA-covered entities - and carrying heightened penalties for failure to comply - will begin to be enforced on Feb. 22.

Government liable for Fair Credit Act violations: A government lender isn’t immune from a claim for damages based on an inaccurate report of a borrower’s payment history, the 7th Circuit has ruled in affirming a $30,000 award of compensatory damages and attorney fees.

Federal tolling provision suspends state time-bar: A federal tolling provision suspends the limitations period on a state law claim while it is pending in federal court and for 30 days after dismissal, the Minnesota Supreme Court has ruled on an issue that has split appellate courts.

Class counsel receive reduced fees in civil rights suit: Class counsel in a civil rights case were not entitled to fees based on a percentage of the common fund established under the terms of a settlement, the 2nd Circuit has ruled in affirming judgment.

Click here for the Lawyers USA Business and Civil Practice page.

Anatomy for Litigators

January 11, 2010 3:52 PM

Here’s a complete, profusely illustrated introduction to anatomy for the non-scientist, plus explanations throughout of how injuries affect body functioning, the legal significance of injuries, how they are described in medical records, the use (and limits) of diagnostic and orthopedic tests, and the strengths and weaknesses of independent medical exams. This easy-to-read book will allow you to understand personal injuries, evaluate medical records and cross-examine experts as never before. Click here to learn more.

Justices to rule on NLRB issue

November 9, 2009 2:43 PM

The U.S. Supreme Court has agreed to decide whether the National Labor Relations Board is authorized to decide cases with only two of its five members seated - something it has been doing for nearly two years in over 400 cases.

In other employment law news...

Disapproval of insurance not preempted by ERISA: Montana’s insurance commissioner’s practice of disapproving any insurance contract if it contains a “discretionary clause” isn’t preempted by ERISA, the 9th Circuit has ruled.

Employer can enforce forfeiture clause: State wage law does not prohibit an employer’s enforcement of a forfeiture provision in an employee stock purchase program, the California Supreme Court has ruled.

Lawmakers urge passage of sexual orientation bill: WASHINGTON - The chairman of a key Senate committee urged passage of the Employment Non-Discrimination Act, which would bar adverse employment actions based on sexual orientation or gender identity.

Bill would guarantee 5 paid sick days: Emergency temporary federal legislation has been introduced that would guarantee five paid sick days per year for a worker sent home for a contagious illness, such as the H1N1 flu.

ERISA plaintiff may be entitled to benefits: A plaintiff who suffered a severe brain injury in a car accident may be entitled to paralysis and rehabilitation benefits because of an ambiguity in his ERISA plan, the 10th Circuit has ruled in reversing a summary judgment.

More employment law news and features...

Obama’s loan modification program reports success

October 12, 2009 2:47 PM

The Obama administration’s mortgage relief effort has been dubbed a success after helping 500,000 homeowners and officials maintain that the program is on track despite its disappointing launch.

In other bankruptcy news:

Bankruptcy filings continue to rise: Consumer bankruptcy filings surpassed 1 million - reaching a total of 1,046,449 filings - in the first nine months of 2009, according to the America Bankruptcy Institute in Washington.

Report: Subprime lender ‘abuses’ found in reverse mortgage market: The types of consumer abuses that occur in the subprime mortgage market are also happening in the reverse mortgage market, according to a new report released by the National Consumer Law Center in Boston.