Civil Procedure

Home-Demolition Derby in New Orleans

Chanel Debose has spent $90,000 to fix up her New Orleans home since Hurricane Katrina’s devastation. But it is now reportedly on the list of homes to be demolished as the city rushes to meet a deadline for qualifying for federal aid to do so. At least she knows about…

Aug 9, 2007 8:19 PM CDT

Tobacco Rulings Conflict

A New York judge has allowed a lawsuit seeking damages for defects in the design of cigarettes, setting up a conflict that may be destined to reach the state state’s highest court. Judge Charles Ramos refused to dismiss a case filed against Philip Morris and other tobacco companies, the New…

Aug 8, 2007 10:45 AM CDT

Lawyer Defends Qualcomm Representation

U.S. District Judge Rudi Brewster didn’t name the lawyers who represented Qualcomm when he issued an opinion chastising the company for failing to turn over evidence in its patent infringement suit against rival microchip maker Broadcom. But the Recorder says the lawyers representing Qualcomm included Stanley Young of Heller Ehrman…

Aug 8, 2007 10:29 AM CDT

Qualcomm ‘Litigation Abuse’ Cited

A judge has ruled that Qualcomm Inc. waived its rights to enforce two patents for video compression and engaged in “aggravated litigation abuse.” The judge said Qualcomm had deliberately concealed patents from a standard-setting body and failed to turn over thousands of discovery documents in its patent infringement suit against…

Aug 7, 2007 7:16 PM CDT

Mom’s Murder Leads to New Maine Laws

Over the years, William Bruce had reportedly attempted suicide, attacked both of his siblings, resulting in broken limbs, and threatened friends with an AK-47 automatic rifle, among other incidents. So no one who knew him well was amazed when the then 25-year-old paranoid schizophrenic, apparently in the throes of a…

Aug 3, 2007 11:31 PM CDT

Teen Smoking Suit Extinguished

Joe Camel has made it through the eye of a needle. The California Supreme Court has dismissed a lawsuit against four tobacco companies targeting ads that appeal to youths, the Recorder reports. The suit claimed the companies encouraged youths to start smoking through ads that featured icons such as Joe…

Aug 3, 2007 11:42 AM CDT

401(k) Class Action Reinstated

A federal appeals court has ruled a former employee who cashed out of his 401(k) plan has standing to sue for mismanagement. The July 31 ruling (PDF) by the 3rd U.S. Circuit Court of Appeals reinstates a class action that claims the plan administrator should not have offered an option…

Aug 3, 2007 11:14 AM CDT

Punitives Barred in Smoking Suit

Res judicata has been the bane of many a law student’s existence. Now it’s causing problems for the widow of a smoker suing Philip Morris in New York. The question: Does a state’s participation in the $208 billion global tobacco settlement bar smokers’ individual punitive damage claims? A New York…

Jul 31, 2007 10:47 AM CDT

More Suits Target Gangs

Cities are fighting gangs with lawsuits, raising the ire of critics who say minority youths are being singled out. The latest cities to file suit include Fort Worth and San Francisco, the Associated Press reports. The complaints often seek injunctions that bar specific youths or targeted gangs from congregating, displaying…

Jul 30, 2007 2:46 PM CDT

Pot Misinformation Suit Tossed

A federal judge has tossed out a lawsuit claiming the federal government is lying about marijuana. Americans for Safe Access had claimed the federal Information Quality Act requires the Drug Enforcement Administration to refute claims that the drug has no accepted medical use. (See this ABAJournal.com post for more details.)…

Jul 30, 2007 1:49 PM CDT

$107 Million Award Overturned

Ernst & Young has dodged a $102.7 million bullet. The appellate-level Pennsylvania Superior Court has overturned an award of that amount, imposed because of procedural legal gaffes by the accounting firm, the Legal Intelligencer reports. “The sanction was extremely disproportionate to the noncompliance at issue,” the court ruled in a…

Jul 27, 2007 1:45 PM CDT

Nev. Judge Suspended, Poses ‘Substantial Threat,’ Commission Finds

A controversial Nevada judge was suspended today by the state Commission on Judicial Discipline, which found that Elizabeth Halverson “poses a substantial threat of serious harm” to the public and the administration of justice. In a final order of interim suspension filed today, the commission suspended the judge with pay,…

Jul 26, 2007 12:55 AM CDT

Deposition Caused Distress, Suit Says

A lawsuit filed last month claims a lawyer caused grievous emotional distress by asking upsetting questions during a deposition. The lawyer, Judith Wahrenberger, asked a medical malpractice plaintiff whether he thought his wife had helped cause their baby’s death by handling her roughly, the New Jersey Law Journal reports. The…

Jul 25, 2007 12:56 PM CDT

Kangaroo Shoe Ban Upheld

The California Supreme Court has upheld a state law banning the sale of products made with kangaroo skin. Federal law does not pre-empt the state ban, the court ruled yesterday. The San Francisco Chronicle reports that the ruling could have a big impact on the makers of high-end soccer shoes,…

Jul 24, 2007 8:08 PM CDT

Will U.S. Class Actions Invade Europe?

American lawyers and European politicians have discovered they have a common interest in opening the door to class action litigation. Such mass tort suits require changes in the law, to permit plaintiffs with similar claims to band together. But some politicians are interested in enacting legislation to allow European class…

Jul 24, 2007 6:30 PM CDT