| | The Supreme Court heard arguments Tuesday in an employment bias case that hinges on the type of document an employee must file to initiate a charge of job-related age discrimination. In the case, Federal Express is appealing a lower court ruling that reinstated a lawsuit, previously dismissed because the plaintiff failed to file the proper form. Attorneys for Federal Express have argued that an Equal Opportunity Employment Commission policy that accepts the wrong form deprives employers of the opportunity to address and resolve the complaint before going to court. Linda Greenhouse, The New York Times 11/07/2007 | |
| | A transportation company that has been the subject of several asbestos-related lawsuits claims they cannot locate a doctor the company accuses of falsifying medical reports. According to CSX Transportation Corporation, Dr. Ray A. Harron fraudulently produced evidence that CSX had contributed to thousands of cases of the disease asbestosis. The lawsuits against CSX involve plaintiffs who claim they developed lung ailments after inhaling silica. Lynnley Browning, The New York Times 11/07/2007 | |
| | A case currently before the Supreme Court could change the face of the arbitration process. Justices will hear arguments Wednesday to determine whether parties participating in arbitration can file for judicial review of arbitration awards. The American Arbitration Association has argued that such a review would undermine the core principles of arbitration. Pete Yost,Houston Chronicle 11/07/2007 | |
| | A federal judge ruled Tuesday that a lawsuit, filed on behalf of Iraqi nationals who were allegedly tortured at Abu Ghraib, can go forward. In the lawsuit, plaintiffs claim that contractor CACI International Inc. provided interrogators that participated in torture. Attorneys for CACI had argued that the firm was acting on commands from the government and cannot be held liable. Reuters, Reuters 11/06/2007 | |
| | Kaiser Foundation Health Plan Inc. has agreed to settle a pregnancy discrimination lawsuit brought on behalf of a labor and delivery nurse. According to the Equal Employment Opportunity Commission complaint, Kaiser rescinded a promotional transfer after learning that the nurse was pregnant. As part of the settlement, Kaiser has agreed to pay $180,000 and overhaul its pregnancy policies and training programs. Jaymes Song, Forbes 11/07/2007 | |
| | A Los Angeles jury heard arguments Tuesday on whether to award punitive damages against Dole Food Co. for exposing banana workers to a dangerous pesticide. Jurors handed down $3 million in compensatory damages Monday to workers who claim they were made sterile by the chemical. If jurors decide to assess punitive damages they will reconvene to determine the amount warranted. John Spano, LA Times 11/06/2007 | |
| | The Senate Judiciary Committee gave approval Tuesday for the attorney general nomination of Michael Mukasey to move to a full Senate vote. The Mukasey nomination has drawn fire because of the retired federal judge’s controversial views on the definition of illegal torture. Mukasey, who served for 18 years on the federal bench, could be confirmed as early as next week as the nation’s next attorney general. Marisa Taylor, Miami Herald 11/07/2007 | |
TEXAS LAWYER CASE SUMMARIES | | |
| | Kristina Beathard failed to file an expert report as required by Texas Civil Practice & Remedies Code §74.351(b). Therefore, the trial court erred in denying the chiropractor's motion to dismiss Beathard's suit. Eric Vanderwerff DC v. Beathard, Dallas Court of Appeals, No. 05-07-00128-CV, 11-1-2007. ,Texas Lawyer Opinions (TTLA Members Only) 11/07/2007 | |
| | The trial court did not err in denying Dr. Andrew Palafox's motion to dismiss the medical malpractice suit due to alleged inadequacy of expert reports. Palafox v. Silvey, El Paso Court of Appeals, No. 08-06-00313-CV, 11-1-2007. , Texas Lawyer Opinions (TTLA Members Only) 11/07/2007 | |
| | The trial court improperly concluded that its finding of no duty to defend negated any duty to indemnify, because the duty to indemnify was not ripe for determination. Gomez v. Allstate Texas Lloyds Insurance Co., Fort Worth Court of Appeals, No. 2-06-233-CV, 11-1-2007. , Texas Lawyer Opinions (TTLA Members Only) 11/07/2007 | |
| | Workers' Compensation -- The trial court did not err reversibly in directing Esther Ward to appear for an independent medical examination pursuant to Texas Rule of Civil Procedure 204. In Re: Ward, Houston's 1st Court of Appeals, No. 01-07-00558-CV, 11-1-2007. , Texas Lawyer Opinions (TTLA Members Only) 11/07/2007 | |
| | The public and private interest factors clearly and overwhelmingly favored a Mexican forum for resolution of the dispute. Thus, the trial court erred in dismissing Pirelli Tire LLC's motion to dismiss on the ground of forum non conveniens. In Re: Pirelli Tire LLC, Texas Supreme Court, No. 04-1129, 11-2-2007. , Texas Lawyer Opinions (TTLA Members Only) 11/07/2007 | |
| | Because Knapp Medical Center's alleged agreement to contribute an additional $200,000 to settle De La Garza's suit was neither in writing nor made in open court and entered into the record, the court found that it was not enforceable. Knapp Medical Center v. De La Garza, et al., Texas Supreme Court, No. 06-0575, 11-2-2007. , Texas Lawyer Opinions (TTLA Members Only) 11/07/2007 | |
| | Police officer Steven Bazany, facing a grave threat to personal safety and with only seconds to make a decision, acted reasonably under the circumstances in shooting the teenage driver who struck him. Thus, he met the requirements for qualified immunity. Hathaway v. Bazany, 5th U.S. Circuit Court of Appeals, No. 06-50602, 11-1-2007. , Texas Lawyer Opinions (TTLA Members Only) 11/07/2007 | |
| | New data has shown that operating room fires are more common and more dangerous than previously thought. Statistics gathered by the ECRI Institute inPennsylvania, a nonprofit healthcare research organization, suggest that hundreds of operating room fires likely occur each year. Officials note that fires that occur during certain procedures can disfigure and even kill patients. Liz Kowalczyk, Boston Globe 11/07/2007 | |
| |
| |
