A plaintiff’s expert had a sufficiently reliable scientific basis to render the opinion that benzene in paints was a substantial cause of a form of leukemia that claimed a painter’s life, the 7th U.S. Circuit Court of Appeals has ruled in reversing judgment.
Read More »Author Archives: Pat Murphy, BridgeTower Media Newswires
Defense lawyers celebrate high court win on supervisor liability
Defense lawyers are touting the U.S. Supreme Court’s ruling this week on Title VII supervisor liability as a significant win for employers, providing a welcome clarification to the law while dealing a blow to the Equal Employment Opportunity Commission.
Read More »7th Circuit: Attorney can’t enforce lien against former client
A lawyer could not enforce an attorney lien against a former client who negotiated a whistleblower settlement on his own, the 7th U.S. Circuit Court of Appeals has ruled in affirming judgment.
Read More »Analysis: Employees must keep beneficiary designations updated
It’s fair to assume Warren Hillman never intended that the proceeds of his federal employee life insurance policy would go to his ex-wife when he died unexpectedly in 2008.
Read More »US high court: Ex, not current wife, keeps life insurance proceeds
The U.S. Supreme Court has ruled that a divorced Virginia woman could not be forced to surrender the proceeds of a federal employee life insurance policy that she received as her ex-husband’s named beneficiary.
Read More »Procedural default not a bar to ineffective assistance claim, justices rule
A deeply divided U.S. Supreme Court has ruled that a procedural default in state court did not bar a Texas death row inmate from seeking relief in federal court based on the assertion that he was denied the effective assistance of counsel at sentencing.
Read More »Wage, hour suits hit record high, firm study finds
Wage-and-hour lawsuits filed under the Fair Labor Standards Act have hit an all-time high, according to a new study of federal court caseloads.
Read More »High court won’t let defendant reargue diminished capacity
The U.S. Supreme Court ruled Monday that a Michigan murder defendant’s due process rights were not violated when a change in state law following his 1994 conviction prevented him from reasserting a diminished-capacity defense when he later won a new trial.
Read More »US Supreme Court clarifies bankruptcy discharge standard
The U.S. Supreme Court has clarified that proof of malicious intent is not required to prevent the bankruptcy discharge of a debt that arose from a trustee’s self-dealing.
Read More »Health club can’t enforce injury waiver, rules Wis. Court of Appeals
A health and fitness club could not enforce an exculpatory waiver that a member signed when he joined the club, the Wisconsin Court of Appeals has ruled in reversing a dismissal.
Read More »7th Circuit says inherited IRA isn’t exempt in bankruptcy
An IRA that a debtor inherited from her mother was not exempt from creditors’ claims in her bankruptcy case, the 7th U.S. Circuit Court of Appeals has ruled in reversing judgment.
Read More »7th Circuit: Long-term unemployment justified discharge of student loans
A debtor who was unable to find a job after a decade-long search met the Bankruptcy Code’s standard for discharge of her student loan debt, the 7th U.S. Circuit Court of Appeals has ruled in reversing judgment.
Read More »7th Circuit says law firm forfeited malpractice coverage
A law firm failed to provide the notice necessary to ensure coverage of a legal malpractice claim under its professional liability policy, the 7th U.S. Circuit Court of Appeals has ruled in affirming a summary judgment.
Read More »DOL touts benefits of accommodating aging workers
Employers can preserve “institutional knowledge” by providing accommodations to aging workers who might otherwise leave the workforce prematurely due to disabilities or chronic health problems, according to two new briefs issued by the U.S. Department of Labor.
Read More »It doesn’t always help to have friends in high places, says 7th Circuit
An Illinois police officer claimed he lost his job because he complained that his department had a bad habit of looking the other way when politically connected drivers were caught committing traffic violations.
Read More »Judicial ethics code applies to social networking, ABA panel says
Judges must follow the ethics rules governing social relationships and contacts when engaged in electronic social networking, an American Bar Association committee has made clear in a new ethics opinion.
Read More »Keyword ‘piracy’ doesn’t violate ethics rules, experts say
A couple of Wisconsin personal injury lawyers had the chutzpah to use the last names of rival attorneys for keyword advertising on the Internet.
Read More »Commentary: Wisconsin appeals decision on Cannon vs. Habush sure to create nationwide stir
A couple of enterprising Wisconsin lawyers set it up so that a link to their firm’s website would appear whenever a prospective client entered their competitors’ last names in Internet search engines.
Read More »Injury claims pile up in Skechers toning shoe MDL
More than 50 product liability suits consolidated in Kentucky federal court claim that Skechers toning shoes cause leg, ankle and foot injuries.
Read More »Lawyer gets slap on wrist for public indecency
You’d think that a lawyer who gets caught soliciting sex from a stranger in a public park should, at the very least, have to worry about having his license suspended.
Read More »Bank of America settles LGBT discrimination claim
Bank of America will pay $7,500 to settle the first action to enforce the U.S. Department of Housing and Urban Development’s new rule prohibiting home lenders from discriminating based on sexual orientation or gender identity.
Read More »Repeated Taser use may have been excessive, rules 7th Circuit
Police may have violated a woman’s civil rights when they shot her twice with a Taser for allegedly interfering with the arrest of her son, the 7th Circuit has ruled in reversing judgment.
Read More »Federal appeals court says witness can testify wearing wig, fake mustache
A federal appeals court decided Wednesday that a confidential informant could wear a wig and fake mustache when he testified against an alleged member of a Mexican drug cartel.
Read More »Wis. Court of Appeals: Arbitration clause unenforceable due to loss of forum
A nursing home could not demand arbitration of a wrongful death claim when the service designated in its admissions contract had exited the consumer-arbitration business, the Wisconsin Court of Appeals has ruled in affirming judgment.
Read More »Class action alleges deceptive marketing of Monster Energy drinks
Monster-brand energy drinks are marketed as being conventional carbonated beverages despite containing “dangerously high” amounts of caffeine, according to a new consumer class action filed in California federal court.
Read More »Illinois conceal-carry law unconstitutional, says 7th Circuit
An Illinois law prohibiting individuals from carrying loaded guns outside the home violates the Second Amendment right to bear arms, the 7th Circuit has ruled in reversing judgment.
Read More »The 5 hottest practice areas for 2013
While a stagnant economy means a tough job market for many lawyers, legal staffing experts predict that attorneys with specialized skills will continue to find themselves in high demand in 2013.
Read More »US Supreme Court to decide on preemption of claims against towing co.
The U.S. Supreme Court will decide whether federal law deregulating the trucking industry preempts state consumer protection and tort claims alleging the wrongful disposal of a towed vehicle.
Read More »Does broad arbitration clause encompass class actions? US Supreme Court to decide
The U.S. Supreme Court will decide whether a broad arbitration clause can implicitly authorize class arbitration.
Read More »Asbestos manufacturer may have immunity, says 7th Circuit
A manufacturer that supplied turbines to the U.S. Navy may be immune from a former seaman’s asbestos claims, the 7th Circuit has ruled in reversing judgment.
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