Lawyers USA

Pilot Program Puts Audio Case Recordings On Pacer

A pilot program in seven states is evaluating whether making digital recordings of case proceedings available online is useful for the public. The committee on court administration and case management of the U.S. Judicial Conference recently voted in support of the program, meaning that it may soon be approved for use in all 50 states. The Judicial Conference is set to vote on the matter on March 16.

Florida Supreme Court Says Hospital Not Protected by Tort Reform Caps

A hospital sued for med-mal is not protected by damage caps because it failed to give the patient notice as required by the state tort reform statute, the Florida Supreme Court has ruled. The state legislature established a no-fault compensation fund capping damages for birth-related neurological injuries. The plaintiffs sued for a birth-related injury in court, alleging that their damages were not capped because they didn't receive notice from both the doctor and hospital.

Plaintiffs' Lawyers Investigating Contraceptive-Gallbladder Link

In addition to blood clotting injuries related to the contraceptive Yaz/Yasmin, plaintiffs' attorneys are investigating claims that the fourth generation birth control pills also cause gallbladder problems. The litigation has been consolidated in multi-district litigation in the U.S. District Court for the Southern District of Ohio under Judge David Herndon.

U.S. Tax Court Says Taxpayer May Exclude Part of Job Settlement

A taxpayer whose multiple sclerosis was exacerbated by job stress could exclude from her gross income a portion of the settlement for her hostile work environment claim, the U.S. Tax Court has ruled in reversing a $9,500 deficiency assessment. The taxpayer was fired from her job shortly after her doctor informed her employer that she needed time off because work-related stress had aggravated her multiple sclerosis.

1st Circuit Says Erisa Plan Can Recoup Social Security Benefits

An ERISA plan could sue to recover a retroactive award of Social Security Disability Income benefits that compensated an insured for a period that she received plan disability benefits, the 1st Circuit has ruled in affirming judgment. The insured sued Liberty Life Assurance for violating ERISA by terminating her long term disability benefits.

Justice Dept. Joins Risperdal Whistleblower Suits

The U.S. Attorney's office in Boston announced that the Justice Department has filed a False Claims Act complaint against Johnson & Johnson and two subsidiaries for allegedly paying millions of dollars in kickbacks to nursing homes to prescribe its anti- psychotic drug Risperdal. New Jersey-based Johnson & Johnson allegedly paid the kickbacks to Omnicare, the nation's largest pharmacy, which specializes in dispensing drugs to nursing home patients.

U.S. Supreme Court to Hear Case On Washington Ballot Measure Names

The U.S. Supreme Court granted certiorari late last week in a case involving Washington's recent ballot measure on same-sex marriage. State legislators passed a bill known as the "everything but marriage" law and it was signed by the governor. The new law expanded rights for same-sex couples under the state's domestic partnership law, such as child support, greater adoption rights and even public employment benefits.

U.S. Supreme Court Takes Erisa Attorney Fees Case

The U.S. Supreme Court has agreed to decide whether attorneys for a "prevailing party" under ERISA can be awarded fees after a district court remands a case rather than rendering a judgment on the merits. The plaintiff sought long-term disability benefits from her employer's insurer after having surgery on her wrists for carpel tunnel syndrome. The insurer denied the claim, granting the plaintiff only short-term disability benefits despite the fact that she was considered disabled by the Soci...

U.S. Supreme Court to Rule in 'Relation Back' Case

The U.S. Supreme Court has agreed to decide whether the Federal Rules of Civil Procedure allow a plaintiff to amend a complaint to add a party and have the amendment relate back to the date of the original pleading. The Court will review an 11th Circuit ruling that addressed Rule 15(c) of the Federal Rules of Civil Procedure, which allows an amended complaint to "relate back" to the original pleading for statute of limitations purposes.

U.S. Supreme Court Agrees to Hear Employment Arbitration Case

The U.S. Supreme Court will decide whether an employer can bring a claim of racial discrimination in federal court when his employment contract contains a mandatory arbitration clause, even where the plaintiff claims the contract is unconscionable. The plaintiff filed a discrimination claim against his employer in U.S. District Court.