July 27, 2001 | Law.com
Boss Liable for Biased EvaluationA Missouri social services agency supervisor is personally liable for discriminating against a subordinate whose religious beliefs prevented him from approving homosexuals as foster parents, the 8th U.S. Circuit Court of Appeals ruled July 19. The court affirmed a federal jury's damage award to Larry Phillips, the former social worker who filed the civil rights claim.
By Gary Young
3 minute read
March 06, 2003 | New York Law Journal
50 law firms subpoenaed in Enron bankruptcyBy Gary Young
4 minute read
August 21, 2002 | Law.com
Asleep at the TrialImagine you're the defendant in a trial. Millions of dollars, or your freedom or your life, is at stake. But what if your lawyer or the jurors who will decide your fate are napping away? While the issue may be keeping some litigants, and Arthur Andersen's attorneys, awake at night, Vanderbilt University Law Professor Nancy J. King says that judges generally do not see sleeping jurors as a serious threat to the fairness of trials.
By Gary Young
8 minute read
September 07, 2004 | The Legal Intelligencer
Demise of 9th Circuit May Be Greatly ExaggeratedIt's been going on for so long, it's become something of a ritual. The 9th U.S. Circuit Court of Appeals issues a controversial decision, causing much gnashing of teeth and pulling of hair among members of Congress, who rush to declare that they've finally had it and are going to split up the circuit.
By Gary Young
6 minute read
November 29, 2001 | Law.com
Jury Selection Starts Today in Malpractice Trial Against Duane MorrisA Philadelphia jury will have to wend its way through a complex series of financial transactions to determine whether the law firm Duane, Morris & Heckscher betrayed one client to benefit another in an acquisition deal, and owes more than $400 million in damages. Jury selection is set to start today in the suit, filed in 1999.
By Gary Young
4 minute read
September 20, 2001 | Law.com
Carpal Tunnel Pre-Job Physical OK'dA business need not stand trial for violating the Americans With Disabilities Act because it withdrew job offers to workers who failed a test for susceptibility to repetitive stress injury. The 8th U.S. Circuit Court of Appeals dismissed a suit that claimed Woodbridge Corp. violated Title I of the ADA by denying assembly line jobs to workers thought to be susceptible to carpal tunnel syndrome.
By Gary Young
3 minute read
July 09, 2004 | Law.com
Forging a New Use for Civil RICODespite a string of defeats before trial judges, Howard W. Foster has doggedly pressed on with a type of litigation he pioneered: using RICO to target companies that allegedly hire undocumented workers to drive down wages. Foster's persistence may now be paying off, as federal courts have recently green-lighted a number of his suits against major corporations.
By Gary Young
4 minute read
October 12, 2001 | Law.com
North Carolina Nixes Med-Mal Expert RuleA tort-reform measure designed to weed out frivolous medical malpractice claims is unconstitutional, the North Carolina Court of Appeals declared. The court found the rule, which requires malpractice complainants to attest that a medical expert has reviewed and found merit in their claims, violates the state constitutional right of access to the courts.
By Gary Young
3 minute read
September 27, 2002 | Law.com
Court Dissension Over Thresholds of InjuryCritics of affirmative action programs who seek relief in court must show that they have personally suffered an injury. A recent 1st Circuit ruling highlights a disagreement over what sort of injury a putative victim of reverse discrimination must prove. The case, Donahue v. City of Boston, involves a police academy waiting list and the consent decree mandating alternation of minority and nonminority candidates on the list.
By Gary Young
4 minute read