Lawyers USA Online

Justices rule in Double Jeopardy case

Kimberly Atkins — Thu, 24 May 2012 19:18:09 +0000

An informal vote taken by jurors before deliberations conclude and later reported to a judge in court does not amount to an acquittal, and therefore a retrial does not violate a defendant’s Double Jeopardy rights, the U.S. Supreme Court has ruled.

The case involved a defendant who was charged with
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RESPA claims required showing of fee split

Pat Murphy — Thu, 24 May 2012 19:02:13 +0000

Home borrowers suing Quicken Loans for violating the Real Estate Settlement Procedures Act were required to show that the lender split an allegedly unearned fee with another party, the U.S. Supreme Court has ruled in a unanimous decision.

The ruling affirms a decision from the 5th Circuit.

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CONSUMER PROTECTION

Pat Murphy — Thu, 24 May 2012 18:58:36 +0000

Home borrowers suing Quicken Loans for violating the Real Estate Settlement Procedures Act were required to show that the lender split an allegedly unearned fee with another party.

See “RESPA claims required showing of fee split”

U.S. Supreme Court. » Continue Reading.

Ford isn’t liable for ‘take-home’ asbestos

Pat Murphy — Thu, 24 May 2012 15:57:51 +0000

Ford Motor Co. isn’t liable for injury allegedly caused by exposure to asbestos carried home on the clothes of independent contractors who worked at one of the auto maker’s plants, the California Court of Appeal has ruled in reversing a $40,000 jury verdict.

The plaintiff was diagnosed with mesothelioma in
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Title VII suit isn’t governed by ‘sole reason’ standard

Pat Murphy — Thu, 24 May 2012 15:54:06 +0000

A Title VII plaintiff was not required to show that unlawful discrimination was the sole reason why he was passed over for a job, the D.C. Circuit has ruled.

The plaintiff is a Cuban-American male who received the highest interview scores among the 16 finalists for a director of workplace
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Indirect purchasers can’t get homebuyer tax credit

Pat Murphy — Thu, 24 May 2012 15:50:46 +0000

Taxpayers who purchased their home through their subchapter S corporation could not claim a first-time homebuyer credit when they filed their federal income taxes, the U.S. Tax Court has ruled in upholding a deficiency determination.

The taxpayers are a married couple and the only shareholders of a subchapter S corporation.
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Doctor can’t share in fault without proof of malpractice

Pat Murphy — Thu, 24 May 2012 15:47:41 +0000

A personal injury defendant was required prove all the elements of medical malpractice before a non-party doctor could be found comparatively at fault for the plaintiff’s injuries, the California Court of Appeal has ruled in reversing judgment.

The plaintiff was injured when the elevator in her apartment building malfunctioned and
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NLRB to rule if university faculty fall under NLRA

Kimberly Atkins — Thu, 24 May 2012 15:07:33 +0000

WASHINGTON – The National Labor Relations Board is accepting briefs in a case considering whether university faculty members seeking to unionize are considered employees and thus covered by the National Labor Relations Act, or whether they are managerial and thus excluded from the law.

An NLRB regional director held that
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DOUBLE JEOPARDY

Kimberly Atkins — Thu, 24 May 2012 15:00:28 +0000

An informal vote taken by jurors before deliberations conclude does not amount to an acquittal, and therefore a retrial does not violate a defendant’s Double Jeopardy rights.

See “Justices rule in Double Jeopardy case.”

U.S. Supreme Court. Blueford v. Arizona, No. 10-1320. May 24, 2012. Lawyers USA
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Man receives $4 million settlement in police confrontation case

Tony Ogden — Thu, 24 May 2012 14:59:40 +0000

A 61-year-old Vallejo, Calif. man was awarded more than $4 million in a settlement with the Vallejo Police Department over a five-year-old confrontation that left him with a broken neck, lawyers for both sides said.

Read the full article from the Vallejo Times Herald: Vallejo man receives $4 million settlement
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