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Report: Durbin wants cramdown measure in financial bill

WASHINGTON – Six months after a bill that would have allowed bankruptcy judges to rewrite the terms of mortgage contracts to help homeowners avoid foreclosure failed in Congress, Sen. Dick Durbin, D-Ill., is considering an amendment to the financial regulatory reform bill that would have a similar effect, according to a Huffington Post report.

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Taser case settles for $325,000

The estate of a North Carolina man who was allegedly tased 38 times during a chaotic encounter with sheriff’s officers has settled a wrongful death suit for $325,000.

Father can’t sue ex-girlfriend for emotional distress

A father couldn’t sue his ex-girlfriend for causing him emotional distress by disrupting his relationship with their children, the New Jersey Appellate Division has ruled.

Pitfalls abound for Gulf oil spill plaintiffs

As coastal businesses and governments brace for the full effects of the massive petroleum spill off the Gulf Coast, the legal landscape for those seeking civil damages from oil company BP may be as slippery as the oil slick itself.

Justices rule civil rights claim against gov’t doctors preempted

Federally-employed doctors and hospital staff members are immune from Bivens civil rights claims arising from their duties, the U.S. Supreme Court has ruled.

Plaintiffs’ winning streak continues in tobacco litigation

The winning streak for Florida tobacco plaintiffs continues, with a jury awarding $20 million to the children of a pack-a-day smoker who died of lung cancer in 1995.

Click here for the Lawyers USA Personal Injury page.

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Divorced wife’s health insurance is modifiable

A divorced husband’s obligation to pay for his wife’s health insurance is in the nature of modifiable spousal support rather than a non-modifiable aspect of the parties’ division of marital property, the Iowa Supreme Court has ruled.

Same-sex partner may be entitled to visitation

A woman may be entitled to visitation with the child of her former same-sex partner by virtue of the parties’ civil union in another state, New York’s highest court has ruled.

Father may assert defense in paternity case

A father in a paternity case may be able to avoid paying child support by arguing that there was an existing father figure in his child’s life, New York’s highest court has ruled in reversing judgment.

Wife’s infidelity doesn’t factor in property division

A husband who filed for divorce couldn’t use his wife’s alleged extramarital affairs as a ground for increasing his share of marital property, New York’s highest court has ruled.

Child support obligation overturned

A high-income father should not have been ordered to pay 20 percent of his fluctuating annual bonus as child support, the Connecticut Supreme Court has ruled in reversing a trial court.

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Employee may sue for marital status discrimination

An employee who was fired after her husband, an executive at the same company, was forced to resign may sue for marital status discrimination, the Minnesota Court of Appeals has ruled in reversing a summary judgment.

Conn. considers law on employee misclassification

The Connecticut legislature is considering a bill that would increase the penalties for employers who misclassify their workers as independent contractors, with greater civil penalties and criminal liability.

Plaintiff can sue for Title VII attorney fees

A federal court had jurisdiction to hear a claim solely to recover attorney fees incurred in a Title VII administrative proceeding, the 9th Circuit has ruled in reversing a dismissal.

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Defendant can show suggestiveness of child interviews

A defendant charged with sexually abusing a child can introduce expert testimony to show that the victim’s accusations were the product of a suggestive interview process conducted by police and social workers, the Kentucky Supreme Court has ruled in reversing a conviction.

Sentencing Commission releases amended guidelines

WASHINGTON – Federal judges may consider a wider range of factors in determining criminal sentences under amended guidelines released by the U.S. Sentencing Commission.

Police couldn’t enter backyard based on 911 call

Police violated the Fourth Amendment when they entered a defendant’s fenced-in backyard based upon a 911 report of suspicious activity, the 9th Circuit has ruled in reversing a conviction.

Consent for computer’s seizure can’t be overridden

Police could seize a computer pursuant to the consent of one resident of a home – even though another resident present at the time objected to the seizure, the 3rd Circuit has ruled in affirming a conviction.

Court rejects Double Jeopardy claim

A defendant claiming a Double Jeopardy violation is not entitled to federal habeas relief where a state court’s application of federal law was not unreasonable, the U.S. Supreme Court has ruled.

Click here for the Lawyers USA Criminal Law page.

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Consumer arbitration award can’t be overturned

A consumer could not seek to overturn an arbitration award against her on the basis of non-statutory, judicially-created grounds, the 11th Circuit has ruled in affirming judgment.

Federal statute preempts state law on uninsured motorists

The federal Graves Amendment preempts a state law imposing vicarious liability on the lessor of an uninsured motor vehicle for damages caused by the negligent acts of the lessee, the Connecticut Supreme Court has ruled.

Outside counsel not liable for securities fraud

A corporation’s outside counsel could not be held secondarily liable for false statements attributed to the client that investors relied upon, the 2nd Circuit has ruled in affirming a dismissal.

Music pirates not entitled to anonymity

The First Amendment does not protect the anonymity of a defendant who allegedly illegally downloaded copyrighted music, the 2nd Circuit has ruled.

Solo forced out of lawsuit can sue for conversion

A solo practitioner who was allegedly forced out of a personal injury lawsuit could sue for conversion once the matter was settled, the California Court of Appeal has ruled in reversing judgment.

Click here for the Lawyers USA Business law page.

After taking a year off in 2009, required minimum distributions are back.

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Taxpayer can’t establish dependency exemptions: A father could not establish his entitlement to dependency exemptions for his federal income tax based on an initialed copy of the separation agreement from his divorce, the U.S. Tax Court has ruled in upholding a $3,600 deficiency assessment.

Inheritance claim is time-barred: The discovery rule did not toll the statute of limitations for the reopening of probate proceedings to establish the inheritance rights of a woman who claimed that she was the non-marital child of a man who died in 1948, the Texas Supreme Court has ruled in reinstating a dismissal.

Beneficiary can’t sue lawyer for estate advice: A testamentary beneficiary can’t sue an attorney for malpractice in allegedly giving bad advice to the estate, the Virginia Supreme Court has ruled.

Annuity income doesn’t count for Medicaid eligibility: A community spouse’s income from a commercial annuity can’t be considered an available resource in determining an institutionalized spouse’s eligibility for Medicaid, the Missouri Court of Appeals has ruled in reversing denials of benefits.

‘Trial within a trial’ allowed in malpractice suit: A law firm may use the trial-within-a-trial doctrine to avoid liability for depriving a client of her rightful share of her husband’s estate – even though the parties had already engaged in the underlying litigation, Maryland’s highest court has ruled in reversing a summary judgment.

Click here for the Lawyers USA Taxation law page.

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City may be liable for fall from walkway: A state recreational use law did not immunize a city from negligence claims relating to a tourist’s fall from a scenic walkway, the Rhode Island Supreme Court has ruled in reversing a summary judgment.

Faulty hip replacement systems spark complaints: Plaintiffs’ lawyers who investigate faulty medical devices are starting to hear complaints about DePuy ASR hip replacement systems. DePuy Orthopaedics, an Indiana-based orthopedics division of Johnson & Johnson, recently announced that it was withdrawing its ASR hip implant from the market after reports about the device failing soon after implantation.

Aircraft crash suit time-barred: The statute of repose in the federal General Aviation Revitalization Act bars a suit over an aircraft manufacturer’s alleged failure to warn about the potential for ice in the fuel system, the New Jersey Appellate Division has ruled in reversing a trial court.

Student injured during cheerleader tryouts can sue: Assumption of the risk is not a complete defense in a lawsuit brought on behalf of a student injured during cheerleader tryouts, the New York Appellate Division has ruled.

Fla. jury awards $46.3 million to smoker’s widow: Last Wednesday, a Florida jury ordered R.J. Reynolds Tobacco Co. to pay $46.3 million to the wife of a longtime smoker who died of lung cancer.

Click here for the Lawyers USA Personal Injury page.

In other news…

Estate can’t be party to annulment action: An annulment action abates with the death of a party, and therefore the estate of one of the spouses can’t be substituted as a party, the Arkansas Supreme Court has ruled.

Taxpayer can’t establish dependency exemptions: A father could not establish his entitlement to dependency exemptions for his federal income tax based on an initialed copy of the separation agreement from his divorce, the U.S. Tax Court has ruled in upholding a $3,600 deficiency assessment.

Father can’t be required to pay for college: A divorced father could not be required to pay his son’s college expenses under a state law that provided for only support-paying parents to assume such obligations, the South Carolina Supreme Court has ruled.

Inheritance claim is time-barred: The discovery rule did not toll the statute of limitations for the reopening of probate proceedings to establish the inheritance rights of a woman who claimed that she was the non-marital child of a man who died in 1948, the Texas Supreme Court has ruled in reinstating a dismissal.

Court must consider parents’ decision on grandparent visitation: A trial court violated due process by ordering grandparent visitation over the objections of both parents, the South Dakota Supreme Court has ruled.

Click here for the Lawyers USA Family law page.