Lawyers USA

N.J. Law Governs Out-of-State Accutane Claim

A failure-to-warn claim over the acne drug Accutane was governed by a plaintiff-friendly New Jersey law, even though the drug was prescribed, purchased and taken in Michigan, the New Jersey Appellate Division has ruled in reversing a summary judgment. The plaintiff, a Michigan resident, sued New Jersey drug maker Hoffman-La Roche in New Jersey state court, alleging that as a teenager he suffered depression and attempted suicide after taking Accutane, a prescription drug that is used to treat ...

N. J. Appellate Court Rules Accident Photo Showing 'Minimal Damage' Should Not Have Been Admitted

An auto accident defendant should not have been allowed to introduce a photograph into evidence showing minimal damage to the plaintiff's car in the absence of expert evidence and a limiting jury instruction, the New Jersey Appellate Division has ruled. The plaintiff's vehicle was rear-ended in stop and go traffic by the defendant. Although by all accounts the plaintiff's vehicle sustained only minimal damage, she contended that her injuries led to significant neck and shoulder pain.

7th Circuit Court Rules False Arrest Claim Accrues On Date of Arrest

A false arrest claim accrues on the date of the arrest, rather than on date the resulting conviction was overturned, the 7th Circuit has ruled. The plaintiff served eight years in prison for his alleged participation in a murder.

5th Circuit Court Rules Private Right of Action Exists Under Federal Housing Act

Public housing tenants may sue under Sect. 1983 over their utility allowances, the 5th Circuit has ruled in reversing a dismissal. The court held that participants in the federal Housing Act voucher program may bring a private right of action under 42 U.S.C. Sect. 1983 to challenge the calculation of their utility allowances by public housing authorities under Sect. 1437f(o)(2) of the United States Housing Act and implementing regulations.

1st Circuit Court Rules Federal Sentencing Guidelines Not Presumptively Reasonable

A criminal sentence applying the federal sentencing guidelines does not enjoy a presumption of reasonableness after the U.S. Supreme Court's decision in U.S. v. Booker, the en banc 1st Circuit has ruled. The defendant pled guilty to drug trafficking charges within 1,000 feet of a school zone and was deported after serving 2 years in prison. After unlawfully re-entering the country, he was arrested on drug charges and for illegal re-entry, and convicted.

10th Circuit Court Rules Stop Based On Past Auto Offense Is Improper

A traffic stop was unconstitutional where it was based solely on an officer's knowledge that the motorist had been caught driving months earlier with a suspended license, the 10th Circuit had ruled. A New Mexico police officer recognized the defendant buying gas at a convenience store and followed his vehicle for about half a mile. Even though the officer did not observe any traffic violations, the officer stopped the vehicle anyway because of the defendant's driving record, which included, a...

9th Circuit Court Rules Police Can Search Home Computer for Child Porn

A defendant's two-month subscription to a website that offered child pornography provided probable cause to justify the search of his home computer, the en banc 9th Circuit has ruled in affirming the denial of a motion to suppress. Police discovered the defendant's name on a list of subscribers during an investigation that resulted in the shutting down of a child pornography website. The officers used this information to obtain a search warrant for the defendant's home computer. In executing ...

Maryland's High Court Rules 30-Minute Traffic Stop Didn't Violate Constitution

The detention of a driver and passenger for 30 minutes after a traffic stop did not violate the Fourth Amendment where a computer malfunction delayed a check for identification and outstanding warrants, Maryland's highest court has ruled in affirming the denial of a motion to suppress. A police officer stopped an automobile in which the defendant was a passenger after observing that the license plate was partially obscured by a plastic cover, in violation of state law. The officer decided to ...

Georgia Supreme Court Rules Admission of 911 Tape Didn't Violate Confrontation Clause

The Confrontation Clause of the U.S. Constitution was not violated when the tape of a 911 emergency phone call made during the commission of a crime was admitted as evidence even though the caller didn't testify, the Georgia Supreme Court has ruled. The wife of the defendant phoned 911 when her husband broke into her home and attacked her. During the call, the woman described the situation and said that her husband was violating his parole by being in the house.

Tn Supreme Court Rules Activation of Patrol Car Lights Constituted Seizure of Defendant

A seizure for purposes of the Fourth Amendment occurred when a police officer pulled up behind a car idling in the street and turned on the blue lights on his squad car, the Tennessee Supreme Court has ruled. The officer testified that he observed the defendant's vehicle stopped, with the engine running, on one lane of a two lane road. He activated his blue emergency lights and approached the car. After allegedly smelling alcohol, the officer administered a sobriety test and arrested the defe...

2nd Circuit Rules Filing of Eeoc Questionnaire Satisfied Adea Exhaustion Requirement

An employee satisfied the Age Discrimination in Employment Act's exhaustion requirement by filing an intake questionnaire with the EEOC, the 2nd Circuit has ruled. The employee, along with 11 other plaintiffs, brought suit alleging that her employer engaged in a pattern and practice of employment procedures that discriminated on the basis of age. A judge dismissed the complaint on the ground that the plaintiffs did not satisfy the ADEA's time limit requirements.

9th Circuit Rules Retirees Cannot Sue for Past Pregnancy Discrimination

An employer didn't violate the federal Pregnancy Discrimination Act when, in calculating service time for current retirement benefits, it failed to award full credit for pregnancy leave taken by female employees before the effective date of the Act, the 9th Circuit has ruled in reversing a summary judgment. The federal Pregnancy Discrimination Act which amends Title VII, became effective in 1979. The four plaintiffs took pregnancy leave before 1979 while working for AT&T. They subsequently su...

New Jersey Supreme Court Rules Indigent Parents Facing Risk of Jail Have Right to Counsel

Indigent parents who face possible jail time for their failure to pay child support have a right to court-appointed counsel, the New Jersey Supreme Court has ruled. A group of parents were incarcerated after they failed to pay their child support obligations. At enforcement hearings to determine their ability to pay support, none of the parents were represented by counsel, advised of their right to counsel, or, if indigent, of their right to appointed counsel.

New Jersey Appellate Division Rules Child Support Obligation Not Reduced by Ssi Benefits

A non-custodial parent paying child support is not entitled to credit for SSI benefits received by a disabled child, the New Jersey Appellate Division has ruled. An incarcerated father was ordered to pay child support of $84 a week. Two years later, in anticipation of his release from prison, he filed a motion seeking to modify his support obligation based on the fact that his daughter received SSI benefits due to her disability and her mother's minimal income.

Ohio Court of Appeals Rules Surrogate Mother Who Kept Children Can Be Liable for Breach of Contract

A surrogate mother can be liable for breach of contract when she decides to keep the children, the Ohio Court of Appeals has ruled. The surrogate and her husband, a man and an egg donor signed a surrogacy contract agreeing that the surrogate would be implanted with the fertilized embryos of the donor in exchange for $20,000 plus expenses.

Nebraska Supreme Court Rules Auto Maker Can't Use Contributory Negligence to Reduce Damages

An auto maker found strictly liable for a defectively designed motor vehicle roof could not have its damages reduced by evidence of the plaintiff's drunk driving and seatbelt misuse, the Nebraska Supreme Court has ruled in affirming an $18.6 million award. The plaintiff was rendered a quadriplegic when a Chevy S-10 Blazer in which she was a passenger rolled over four times. She sued the driver for negligence and General Motors for strict liability under Nebraska law, alleging that her injurie...

Az Court of Appeals Rules Oxycontin User Can Be Sued for Sharing Pills

An Oxycontin user can be sued for sharing his prescription with another person, the Arizona Court of Appeals has ruled in reversing summary judgment for the defendant. At an employee Christmas party, the defendant gave the girlfriend of a co-worker eight Oxycontin pills, which she later gave to her boyfriend. The defendant had given his pills to fellow employees before. During the party, the boyfriend consumed alcohol after he had taken the pills. He died in his sleep that night.

New Jersey Appellate Division Rules Tenant's Complaints to Concierge Not Actionable As Defamation

A landlord can't sue a tenant for defamation based on the tenant's complaints of wrongdoing to a building concierge, the New Jersey Appellate Division has ruled. The tenant often called the front desk of her building to make known her dissatisfaction with conditions there. On one occasion, in the midst of complaining to the concierge that snow had not been properly removed from a road and sidewalks, the tenant stated that she was aware the landlord had been going through her mail and had also...

N.C. Court of Appeals Rules Emt Injured While Riding Go-Cart Entitled to Workers' Comp

A volunteer EMT who was injured while riding a go-cart at an employer-sponsored outing is entitled to workers' compensation, the North Carolina Court of Appeals has ruled. The plaintiff was injured in a go-cart accident during a Fun Day event sponsored by the emergency rescue service. The plaintiff's boss encouraged her to go in her capacity as captain of the EMTs. The plaintiff planned to give a pep talk to volunteers during the event, but was injured in a go-cart accident.

As Technology Continues to Advance, Tech-Related Lawsuits Continue to Proliferate

As technology continues to advance, tech-related lawsuits continue to proliferate. In 2005, the U.S. Supreme Court decided MGM v. Grokster, holding that peer-to-peer file sharing companies may be liable for the distribution of copyrighted material by their consumers. (125 S.Ct. 2764)