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| Monday 21st of May 2012 04:42:59 AM Consumer Credit Case Appeals Grow A wave of Fair Credit Reporting Act lawsuits concerning whether lenders unlawfully accessed consumer credit reports before mailing preapproved credit offers is jamming appeals courts. The cases, which claim that the lenders are not making a "firm offer of credit" after accessing the credit reports without consumers' consent, have also generated conflicting district court decisions. Lawyers say a 7th Circuit ruling opened the floodgates, but defense lawyers believe they have found a safe harbor. Click here to read this news article. |
| Monday 21st of May 2012 04:42:59 AM Former Wal-Mart Executive Attended Gala While on House Arrest Former top Wal-Mart executive Tom Coughlin, who is serving 27 months of house arrest for embezzling, recently attended a fundraising party and to two earlier organizing meetings near his home. The gala's host said Coughlin attended as part of his court-ordered community service. U.S. Attorney Robert Balfe said he was "stunned," since defense lawyers successfully argued that Coughlin's health was too fragile for time in prison. The government is now weighing a renewed appeal of Coughlin's sentence. Click here to read this news article. |
| Monday 21st of May 2012 04:42:59 AM Court Rejects Bid to Oust Lawyers' Counsel in Legal Malpractice Suit It took Texas' 3rd Court of Appeals about a week to deny a petition for writ of mandamus sought by a physician-owned partnership to disqualify law firm McGinnis, Lochridge & Kilgore from defending firm Brown McCarroll, which the partnership has sued for legal malpractice. The court rejected claims that the doctrines of joint defense or subagency barred the representation. The 3rd Court's rapid response is somewhat surprising, given recent statistics on its backlog. Click here to read this news article. |
| Monday 21st of May 2012 04:42:59 AM Pa. Judge Rules Paxil Labeling Suit Not Pre-empted A Philadelphia judge ruled this week that federal law can't pre-empt a state product liability claim centering around the alleged failure of the makers of Paxil to warn about increased risk of suicide. The judge denied a defense motion for summary judgment Tuesday, ruling that the doctrine of federal pre-emption does not preclude the plaintiffs from arguing that GlaxoSmithKline failed to fulfill its duty to warn users of Paxil of an alleged association between the use of the drug and suicidality. Click here to read this news article. |
| Monday 21st of May 2012 04:42:59 AM Class Certification Rescinded in Securities Suit Over Analyst Reports Citing a 2nd Circuit clarification of standards for class certification, a federal judge has decertified the class in a securities action against Credit Suisse First Boston over allegedly deceptive analyst reports. Southern District of New York Judge Loretta A. Preska ruled that there was no evidence that the analyst opinions had, in fact, affected the price of the company stock at issue in a way that would justify application of the fraud-on-the-market presumption of reliance. Click here to read this news article. |
| Monday 21st of May 2012 04:42:59 AM New Whistleblower Liability for International Employers Until recently, courts have interpreted SOX's anti-retaliation provisions as not applicable to employees working overseas. But attorney Philip M. Berkowitz writes that a federal district court in New York recently expanded SOX protection in an unprecedented manner to a non-U.S. citizen, working in France, for a French company. Berkowitz says the case starkly illustrates the increasingly international reach of U.S. anti-bias and anti-retaliation laws and the ever increasing risk to employers. Click here to read this news article. |
| Monday 21st of May 2012 04:42:59 AM Fairbrook Leasing, Inc. v. Mesaba Aviation, Inc. Under New York law, "term sheet proposal" for acquisition of aircraft was "Type II" preliminary agreement for which leasing company could not obtain expectancy damages after customer's breach. Click here to read this news article. |
| Monday 21st of May 2012 04:42:59 AM Kistner v. Law Offices of Margelefsky, LLC Individual member of LLC, in this instance law firm, engaged in debt collection may be held liable under Fair Debt Collection Practices Act without piercing corporate veil so long as proof exists that individual acted as "debt collector" (resolving issue of first impression on which split of authority has emerged). Click here to read this news article. |
| Monday 21st of May 2012 04:42:59 AM In re Haberman Bankruptcy trustee who successfully avoids lien pursuant to Bankruptcy Code §§ 544 and 551 preserves for bankruptcy estate value of avoided lien, but does not automatically assume other rights original lienholder may have against debtor. Click here to read this news article. |
| Monday 21st of May 2012 04:42:59 AM FHSA: Limits on Preemption of Warning Defect Claims Plaintiffs asserting warning defect claims against manufacturers and distributors of injury-producing chemical products often face limitations on their right to sue due to preemption under the Federal Hazardous Substances Act. Since its enactment, however, the FHSA has been invoked as both sword and shield by both plaintiffs and defendants. Attorneys Monroe Weiss and Alan C. Kelhoffer examine the lasting effects that the FHSA has had on product liability litigation. Click here to read this news article. |
| Monday 21st of May 2012 04:42:59 AM 'Good Cause' May Be Open to a Jury's Interpretation Most standard employment agreements and personnel policies include provisions that condition the receipt of certain benefits or trigger certain disciplinary actions on the basis of "good cause" or "cause." Many employers believe that since they make the first call as to whether cause exists, theirs is the final call. However, attorney Kevin C. McCormick notes a jury verdict in a recent Maryland trial that serves as a reminder that it could be the jury that gets to make the final decision. Click here to read this news article. |
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