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Last update: Mar 20, 2007
Blank Rome: Consumer Lending / Retail Banking Update Oct 01, 2005
Now, with plaintiffs’ attorneys having greater access to statistical data through HMDA data collection, clearing the hurdle of assembling a prima facie case will be easier than ever before. Once a plaintiff’s attorney has used statistical analyses of new HMDA data to present a prima facie case of discrimination, the burden of defense falls to the lender, who will have to show that there was a valid business necessity for the questioned lending practices
Gibbons: Complex Litigation - Class Litigants Face Tougher Forum... Apr 25, 2005
In addition, CAFA seeks to curb perceived abuses involving "coupon settlements" and attorney fee awards to class counsel. For example, plaintiff's initial complaint could have restricted the class definition to citizens of a single state, only to be amended to a nationwide class a year later, thus defeating removal
Seyfarth Shaw: One Minute Memo - U.S. Supreme Court Weighs in on Issue... Feb 08, 2005
Sills Cummis: December 2004.pdf Dec 01, 2004
The Sixth Circuit rejected the plaintiff's claim under ACPA. First, it noted that the underlying goal of ACPA is consumer protection, and a "gripe" site that conveys information that may be useful to other consumers furthered, rather than hindered, this statutory goal. Me Tarzan, You Sanctioned In Estate of Hogarth v. Edgar Rice Burroughs, Inc., 2004 WL 2480437 (S.D.N.Y., Nov. 4, 2004), Judge Denise Cote sanctioned a plaintiff's attorney for a bad faith copyright claim
Troutman Sanders: Gray v. Rhoads: Doing Indirectly What You Can't Do... Dec 01, 2004
01-404 does not preclude the introduction of a law enforcement officer's prior written statement as a party admission in a plaintiff's case-in-chief. During plaintiff's opening statement at trial, defendants objected to the use of certain prior statements made by the officers
O'Melveny & Myers: Employment News - December 2004 (PDF) Dec 01, 2004
O'Melveny ' Labor and Employment Law attorneys regularly conduct sexual harassment training seminars, and have created an effective and interesting training presentation that fully satisfies these new legal requirements. Please contact one of our attorneys for more information
Lane Powell: Long Term Care and Senior Housing Industry is on P Nov 23, 2004
However, this litigation is now squarely on the radar screens of thousands of plaintiff attorneys nationwide. A Perfect Storm for Plaintiff's Attorneys The confluence of the population demographics and increased legislative and regulatory activity has brought about the "perfect storm" for plaintiffs' attorneys to target elder care health and service providers
Lowenstein Sandler: "Burden for Sexual Harassment Plaintiffs to Obtain... Nov 01, 2004
Burden For Sexual Harassment Plaintiffs To Obtain Emotional Distress Damages, Impose Individual Liability, And Have Plaintiff's Attorney's Fees Awarded. other employee himself will be held individually liable; and (3) when attorney's fees will be awarded to a prevailing employee
Seyfarth Shaw: California Labor & Employment Law Update Nov 01, 2004
In addition, the appellate court affirmed the trial court's imposition of a $300,000 sanction and $42,787 in attorney fees and expenses for experts Creative had to hire due to Getloaded's dishonesty during discovery. The appellate court agreed and affirmed the dismissal of plaintiff's complaint
Seyfarth Shaw: Breaking Employment Developments from D.C. Oct 22, 2004
Double Taxation of Attorney's Fees Awards Grabs Attention of Both Congress and the Supreme Court President Bush today signed the American Jobs Creation Act of 2004, which includes the Civil Rights Tax Relief Act (the "CRTRA"). The CRTRA ends the "double taxation" of settlement or judgment amounts attributable to attorney's fees in employment discrimination cases
Gibbons: Reducing Frivolous Litigation (Part 2) Sep 01, 2004
In either type of litigation, affidavit-of-merit statutes require both the plaintiff and the attorney to invest time prior to or at the onset of the litigation (instead of years later) and make a frank determination regarding the merits of the suit. The Illinois statute required an attorney certification to be filed simultaneously with the initial
Greenberg Traurig: Corporate Litigation - Arbitration Clause Risks Jun 14, 2004
2002), continued for almost three years, involved 59 witnesses, generated more than 24,000 pages of hearing transcripts and more than 700 pages of post-hearing memoranda, and resulted in a plaintiff's attorney fee of $747,000. Sawtelle and Engel may not be typical, but they are not rare, and they illustrate that there is nothing inherent in arbitration that ensures a shorter and less costly process
Hogan & Hartson: "Keeping Your Executives Out of Hot Water: Protect... May 01, 2004
2d 459 (N.D. N.Y. 2003) (holding that statements made by GE's CEO Jack Welch and other managers constituted admissions by the company that could be used to support the plaintiff's age claim). It is important to remember that while employees may treat e-mails as an informal method of communication, courts and juries do not make this important distinction; rather courts and juries (and for that matter a plaintiff's attorney) see e-mails no differently than a letter, a fax, or a memorandum
Gibbons: Employment & Labor Law Alert Feb 13, 2004
4, No. 2 Table of Contents New Jersey Domestic Partnership Act When May A Plaintiff's Attorney Contact the Employer's Past or Present Employees. Our second article concerns a recent New Jersey Appellate Division decision addressing the thorny ethical issue of whether an attorney for a client suing his former employer should be disqualified for contacting another employee who had been assisting the defendant in the litigation
Cohen & Wolf: Maximizing and Securing your Judgment by Effective Use ... Nov 01, 2003
Ballard Spahr: Download a PDF version of this newsletter Nov 01, 2003
No monetary damages are available in such suits; however, reasonable attorney's fees may be awarded. 2 The Attorney General also may bring suit under Title III in cases of general public importance or when a "pattern or practice" of discrimination is claimed
Faegre & Benson: Why Choice of Counsel Matters in Your Insurance Policy Aug 01, 2003
Many companies, anticipating the need for specialized counsel, negotiate the right to choose their attorneys into their liability policies, particularly for certain types of litigation. Insurance brokers are very familiar with choice-of-counsel provisions and are accustomed to negotiating their terms
Beveridge & Diamond: A Groundswell for Reform Aug 01, 2003
Mark Lanier, plaintiff attorney and founder of The Lanier Law Firm, confirmed that, in addition to a rise in company versus company asbestos litigation such as where one. issue five · summer 2003
Sedgwick: Applying the Litigation Privilege Before Trial Jun 01, 2003
...display = 'inline'; } } var div_body_scroll_overflowY = 'visible'; var td_body_width = '100%'; var bw=new lib_bwcheck() OUR FIRM PRACTICE GROUPS ATTORNEYS SEDGWICK UPDATES CAREERS SEARCH CONTACT US News@Sedgwick Articles Newsletters Events Publications function launchCareersWindow() { var searchterm; var srchEl = document. The plaintiff’s attorney may use Civil Code Section 47 as a shield to protect the privileged prelitigation communications, while swords are available in the form of a motion
Lowenstein Sandler: "Top Ten Reasons Why New Jersey Businesses Should ... Apr 01, 2003
The NJDEP has apparently taken a page from the tobacco litigation book by retaining private counsel, the New Orleans-based plaintiff's attorney Allan Kanner, and the New Jersey plaintiff's firm, Lynch Martin, to review NJDEP files and evaluate the relative merits of NRD cases in New Jersey. In either event, the potential for fees to private counsel provides economic incentives for pursuit of NRD claims that did not exist when the Attorney General's office was responsible for such claims and
Haynes and Boone: 3/24/2003 - Update On Employment Related Legislation in... Mar 24, 2003
The plaintiff would receive 15% and plaintiff's attorney 10%, notwithstanding any other contractual agreement. This is the first employment related bill offered by Representative Pena, who in his day job, is the leading plaintiff's employment lawyer in the Valley
Haynes and Boone: 3/24/2003 - Update On Employment Related Legislation in... Mar 24, 2003
The plaintiff would receive 15% and plaintiff's attorney 10%, notwithstanding any other contractual agreement. This is the first employment related bill offered by Representative Pena, who in his day job, is the leading plaintiff's employment lawyer in the Valley
Faegre & Benson: The Effect of Sarbanes-Oxley on Private Companies Mar 01, 2003
State securities regulators and attorneys general may adopt requirements similar to those associated with Sarbanes-Oxley that may extend to private companies. Litigation Avoidance
Bricker & Eckler: Tort Reform Legislation Passes Jan 01, 2003
Thus, prior to Senate Bill 120, each and every defendant in a tort lawsuit could separately be held responsible for the entire amount of plaintiff's damages, regardless of the defendants' relative degrees of fault or responsibility. Under Senate Bill 120, where there are multiple tortfeasors and each is found to be 50% or less responsible for plaintiff's harm, each is liable only for his proportionate share of plaintiff's compensatory damage award
Howard Nations: PERSUASION IN SETTLEMENT NEGOTIATIONS Jan 01, 2003
II. HOW TO EVALUATE A CASE - PLAINTIFF'S PERSPECTIVE A. WHO GOES FIRST. Plaintiff's testimony 2
Howard Nations: OVERCOMING JURY BIAS Jan 01, 2003
This is probably the area in which juries are most disappointed by trial attorneys. One of the purposes of this paper is to discuss how to get jurors to confront the plaintiff's physical pain and suffering and mental anguish and how to involve the jury viscerally in the trial
Proskauer Rose: Fall 2002 Oct 01, 2002
Foley Lardner: Design and Evaluation of Disclosure Controls and Proced... Sep 17, 2002
For example, documenting every question raised every step of the way in evaluating information for a report is too time consuming and may clutter the files with unnecessary detail that could be misconstrued by a plaintiff's attorney. If you have any questions concerning the matters discussed in this Foley er Update, please contact your Foley er attorney, or contact
McKenna Long & Aldridge: International Environmental Monitor Sep 01, 2002
PROPOSITION 65 DEVELOPMENTS Attorney General Revises Bounty-Hunter Regulations The California Attorney General has published a revised proposed regulation to implement the new statutory requirements for private enforcer actions under Proposition 65. The copy of the Certificate served on the Attorney General must identify the persons consulted and relied upon, and the facts, studies, or other data reviewed by those persons
Cohen & Wolf: Have New Rules Changed The Boundaries of Discovery Aug 01, 2002
McGlinchey Stafford: 2002 ADA Adjustments (ADA decisions) Jul 01, 2002
Strasburger: Landlords: Beware of Vicious Pets on Your Premises Jun 01, 2002
The lease file of the dog's owner would be reviewed by plaintiff's attorney for relevant evidence. Also, the plaintiff's attorney would ask to review the property rules as well as the lease files of other tenants who had complained about the vicious dog
Weil: Standing To Appeal A Class Action Settlement Jun 01, 2002
In seeking court approval of their settlement proposal, plaintiffs attorneys and defendants interests coalesce and mutual interest may result in mutual indulgence. See John C. Coffee, Jr., Understanding The Plaintiff s Attorney: The Implications of Economic Theory for Private Enforcement of Law Through Class and Derivative Actions, 86 Col. L. Rev. 669, 677-78 (1986) (in derivative and class actions, the class representative generally has only a minimal stake in the outcome of litigation and
Manatt: E-Mail Service Has Arrived and Soon May Be Readily Acce... May 24, 2002
Applying these rules, the Rio court found that "trial courts have authorized a wide variety of alternative methods of service, including publication, ordinary mail, mail to the defendant's last known address, delivery to the defendant's attorney, telex, and, most recently email."It was perhaps just a matter of time before federal courts would consider the issue of e-mail service of process on a nomadic defendant. The plaintiff's efforts to serve the defendant by ordinary means failed
McGlinchey Stafford: Hemlock Jobs (exposure to injury) May 01, 2002
The company attorney conceded that, “it’s hard to say he’s not qualified when he worked there for 20 years,” but maintained that the company may run afoul of OSHA or criminal laws, endanger its business relations, or create bad publicity by hiring an applicant for a job it knows might endanger him. He contended that Congress did not intend for employers to compromise their own safety standards to comply with the ADA. The plaintiff’s attorney responded that Congress did not authorize employers to
Arent Fox: Seemingly Simple Malpractice Action Has Broad Legal Imp... Mar 05, 2002
The patient is irate and tells the practice that she is filing suit, in part, because she had been promised "perfect vision." Possible Legal Consequences: The plaintiff's attorney will file a suit against both the operating surgeon and the co-managing professional. Although by no means a small amount, a smart plaintiff's lawyer will look for ways to pump up the value of the case and to pressure the surgeon (and the co-manager) into a quick and costly settlement
Marshall Dennehey: DEFENDING THE DESIGN PROFESSIONAL IN WRONGFUL TERMINATI... Mar 02, 2002
Marshall Dennehey: IS MOLD THE NEXT GOLD FOR THE PLAINTIFFS'' BA... Mar 02, 2002
Blank Rome: Restrict Employee Cell Phone Use to Limit Liability Mar 01, 2002
In 2000, an attorney making a business-related call on her cell phone while driving struck and killed a teenage pedestrian. Believing she had struck a deer, the attorney continued to drive home
Hinshaw & Culbertson: Florida Lawyers' Malpractice & Ethics Update Mar 01, 2002
Marshall Dennehey: INDEMNITY CONTRACTS: MACE MACED BY PA. SUPREME COURT Mar 01, 2002
Marshall Dennehey: THE POLLUTION EXCLUSION AS RECENTLY INTERPRETED BY THE ... Mar 01, 2002
Marshall Dennehey: THE SUPREME COURT OF PENNSYLVANIA?S DECISION IN ROHM AN... Mar 01, 2002
Marshall Dennehey: THE ANATOMY OF A CIVIL RIGHTS MALICIOUS PROSECUTION CLA... Mar 01, 2002
Marshall Dennehey: NEW JERSEY APPELLATE DIVISION EXTENDS COMMERCIAL LANDOW... Mar 01, 2002
Marshall Dennehey: IS EVERY WORKER WITH A PHYSICAL IMPAIRMENT AFFORDED PRO... Mar 01, 2002
Gordon & Rees: PLAINTIFF''S CLAIM BARRED BY STATUTE OF LIMIT... Jan 24, 2002
January 24, 2002 PLAINTIFF'S CLAIM BARRED BY STATUTE OF LIMITATIONS WHERE COUNSEL DISMISSED AND REFILED ACTION TO AVOID CONFLICT IN TRIAL SCHEDULE Thomas v. Gilliland (02 C.D.O.S. 616) January 22, 2002 Second Appellate District, Division Four The California Court of Appeal has held that a plaintiff's medical malpractice case was barred by the statute of limitations where the plaintiff's attorney unilaterally dismissed and then refiled the action to avoid a trial scheduling conflict. On that same
Marshall Dennehey: A Judgment That Doesn't Bear Repeating Dec 01, 2001
Hinshaw & Culbertson: The Report Card Dec 01, 2001
Dorsey: Employment Law Update Dec 01, 2001
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Dorsey & Whitney: Employment Law Update Dec 01, 2001
How would you respond to that plaintiff's attorney at your deposition when you were asked when you first learned that Mr. X had engaged in harassing behaviors at your worksite. 2000), the court upheld a $260,000 punitive damages award where the employer minimized the plaintiff's sexual harassment complaints, performed only a cursory investigation that focused on the plaintiff's rather than the harasser's conduct, and forced the plaintiff to resign while imposing no discipline on the harasser
Weil: WGM Internet Law Bulletin Nov 20, 2001
The court held that posting the code on the Internet was constitutionally protected free speech, and that this First Amendment right outweighed any interest plaintiff's had in protecting their trade secrets. (Domain Names, Trademark) Pennar Software Corp. v. Fortune 500 Systems Ltd., No. 01-01734 EDL (N.D.Cal., 10/25/01) Court imposes sanctions of payment of plaintiff's attorney's fees based upon finding that defendants deleted Web pages and altered log files, in violation of a court order to
McGlinchey Stafford: In the Courts (training; privacy) Nov 01, 2001
The plaintiff’s attorney argued that even if the investigation were legitimate, the questioning was designed to intimidate the plaintiff. One of the questioners was a former head agent of the Philadelphia FBI who now operates the company’s security department
Hinshaw & Culbertson: Lawyers' Professional Liability Update Nov 01, 2001
Paul Weiss: Judiciary Debates Software That Monitors Employee Inter... Aug 29, 2001
A divided Tenth Circuit panel upheld the trial court's decision to award plaintiff attorney's fees, but no part of Equinox's profits. Gart held that a letter to Logitech that identified one of plaintiff's patents and a particular Logitech product and stated that Logitech may "wish to have [its] patent counsel examine" the patent "to determine whether a nonexclusive license is needed" supplied sufficient notice
Laughlin: The Employee's Strategies And Ploys To Defeat The ... Aug 01, 2001
THE EMPLOYEE'S STRATEGIES AND PLOYS TO DEFEAT THE EMPLOYER'S SUBROGATION RECOVERY David W. Boston In certain cases, the compensation claimsperson will deal directly with the defendant's liability insurer or the injured employee's civil attorney concerning resolution of the subrogation claim. There are specific strategies, arguments and "ploys" that are utilized by the plaintiff's attorney and the defense liability claims adjuster in an effort to reduce or defeat the employer's subrogation
Gibbons: Supreme Court Rejects ?Catalyst Theory? as Basis for Aw... Jul 03, 2001
Gibbons, Del Deo, Dolan, Griffinger ione Articles Supreme Court Rejects "Catalyst Theory" as Basis for Award of Attorneys Fees By Douglas E. Arone On May 29, 2001, a sharply divided Supreme Court interpreted the term "prevailing party" for purposes of federal fee-shifting statutes. In its 5-4 decision, the Court resolved a split in the Circuits by rejecting the widely-accepted "catalyst theory" as a viable basis for an award of attorneys' fees and ruling that a party must obtain a judgment on
Frost Brown Todd: Media Law Advisory Jul 01, 2001
Akin Gump: New Regulations Will Require Substantial Changes to the... Jul 01, 2001
The provisions of these new regulations allowing states to enact stricter requirements and, as the DOL believes, permitting trial de novo in the event of a failure to comply with even a minor requirement of the new regulations are the new Plaintiff Attorney Relief Act--especially in light of the fact that perfect compliance with all of the provisions of these regulations will be extremely difficult if not impossible to accomplish. Akin, Gump, Strauss, Hauer L.L.P. Page 3
Hinshaw & Culbertson: Lawyers' Malpractice Prevention Update Jun 01, 2001
Gordon & Rees: Attorney Plaintiff May Not Prosecute a Lawsuit if Doing... May 30, 2001
Solin v. O'Melveny (2001) 01 CDOS 4245 Attorney Plaintiff May Not Prosecute a Lawsuit if Doing So Would Disclose Client Confidences Summary of Holding: The California Court of Appeal recently issued an important decision which establishes that a legal malpractice lawsuit brought by an attorney against a law firm that the attorney had consulted for advice could not go forward where the law firm could not defend the suit without revealing client confidences disclosed during the consultation. Their
Laughlin: Workers' Compensation - ADA Interaction: Troubled ... Feb 01, 2001
Well those troubled waters have recently turned more turbulent, and that red flag waved for years by employment law attorneys just turned a deeper shade of red. Thirdly, workers' compensation applicant attorneys finally have started to realize the potential civil litigation gold mine that may exist when their workers' compensation clients are disabled
Morgan Lewis: Electronic Communications in the Workplace Can Raise Hi... Feb 01, 2001
2 million plus attorneys' fees and court costs. Her complaint seemed unlikely to succeed -- at least initially -- as the company's termination letter was "picture perfect by human resource standards."14/ During the discovery process, however, plaintiff's attorney hired a computer consultant specializing in e-mail retrieval
Marshall Dennehey: Kachinski Remains the Standard in Pre-Act 57 Cases Dec 18, 2000
Laughlin: Luque v. Herrera : Another Attorneys' Fee Horror ... Dec 01, 2000
LUQUE V. HERRERA: ANOTHER ATTORNEYS' FEE HORROR STORY. Clark W. Patten As subrogation attorneys we are constantly faced with the argument from counsel for claimant about the entitlement to attorneys' fees in the civil case
Marshall Dennehey: SUPERIOR COURT AGREES THAT "U" CARRIERS NOT O... Dec 01, 2000
Marshall Dennehey: RECENT DEVELOPMENTS IN INSURANCE COVERAGE AND BAD FAITH... Dec 01, 2000
Marshall Dennehey: PENNSYLVANIA INSURANCE COVERAGE/BAD FAITH LAW UPDATE Dec 01, 2000
Marshall Dennehey: COLOR AND SHAPE: MORE TRADEMARK LITIGATION Dec 01, 2000
Shaw Pittman: Employment Laws: Expensive Penalties for Unwary Associa... Nov 01, 2000
In addition, the employer may end up paying civil penalties, interest, and the plaintiff s attorney s fees. Associations that to date have not paid much attention to wage and hour issues would be well advised to audit their payroll practices and correct any problems that otherwise may lead to substantial legal liability
Quinn Emanuel: Trial Attorney of the Month: Fred Bennett Nov 01, 2000
Growth in International Arbitration Page 3 · Real Estate Jury Trial Victory Quinn Emanuel Victories Page 4 · Attorney of the Month: Fred Bennett Page 7 · Noted with Interest Page 8. Stepping back during the negotiation period to consider the possibilities of litigation down the road and adding a few simple clearly conditional phrases in strategic locations within a contract can pay great dividends, turning business executives into clairvoyants and attorneys into white knights when the
Mayer Brown: Labor and Employment Newsletter - Supreme Court Rules S... Jul 23, 2000
The circuit court and the appellate court held that the plaintiff's state law tort claims were barred by the Illinois Human Rights Act because the tort claims were "inextricably linked" to her allegations of sexual harassment. After consulting with an attorney, Oubre decided to accept the severance package and signed the release
Garvey Schubert Barer: Health Care Litigation and Confidentiality -- Unique Di... Jul 01, 2000
Pitted against these important statutory and common law principles, healthcare providers are frequently asked to produce medical records and confidential patient information to patients and their families, insurance companies, attorneys, government agencies, the media, other healthcare providers, peer review committees and employers. Finally, there are now web sites devoted to certain types of litigation and even secure sites where attorneys converse about their cases
Drinker Biddle & Reath: Legal Briefs Jun 01, 2000
June 2000 Inside This Issue New Jersey Supreme Court Rules on Marketability Discounts in Valuation Cases Liability for Negligent Expert Testimony New Jersey Courts Implement New Mediation Program New Guidance on Attorney Contacts with Current or Former Employees of an Adverse Party Not Following Corporate Formalities Results in Stockholder’s Liability New Jersey Supreme Court Rules on Marketability Discounts in Valuation Cases On the same day last July, the New Jersey Supreme Court decided two
Hinshaw & Culbertson: Hinshaw Reports: Torts - May 2000 May 01, 2000
Hinshaw & Culbertson: Hinshaw Reports: Torts May 01, 2000
Sidley Austin: Product Liability Report - 5/1/00 May 01, 2000
Counsel for both plaintiff and defendant filed motions for attorneys’ fees, and the trial court granted them. The court noted that case law amply supports a fee award to a plaintiff’s attorney, even if the attorney operated on a contingent-fee agreement and voluntarily withdrew from the case
Weil: Shareholder Action Challenging Executive Compensation D... Mar 01, 2000
Quinn Emanuel: Lawyer of the Month: Warrington S. Parker III Mar 01, 2000
Inc. v. Heim, 173 S.E.2d 316, 318-19 (N.C. 1970) (holding a covenant preventing competition through any business venture in the United States necessary for the protection of the plaintiff's business interests and, hence, reasonable); Ramsey v. Mutual Supply Co., 427 S.W.2d 849, 853 (Tenn. Immediately before joining the firm, Ms. Doolittle was an assistant district attorney for Santa Clara County
Weil: Settlement Agreement Restrictions On Representation Jan 01, 2000
Disciplinary Rule 2-108(B) prohibits an attorney from entering into an agreement limiting his right to practice law, as part of a settlement. No New York court appears to have squarely addressed the specific issue of an attorney agreeing never to represent any person as a plaintiff on any matter against the settling defendant, although a court, following the First Department s reasoning, likely would enforce an agreement whereby an attorney agrees to refrain from representing or assisting any
Ober Kaler: Spoliation Of Evidence Dec 01, 1999
Buchalter Nemer: Class Action Litigation Oct 01, 1999
Class actions are a potent weapon in the arsenal of the resourceful plaintiff's lawyer. A second advantage for the plaintiff (or its attorney) is the opportunity for an award of attorneys' fees
Laughlin: Retention of Expert Witnesses in Subrogation Cases Aug 01, 1999
The plaintiff's attorney selects the expert he wishes to use, arranges for the evidence that he wants the expert to see and review, and insures the expert is prepared and available for deposition and trial testimony. The workers' compensation insurer seeking recovery of compensation benefits paid to the injured worker is usually content with this situation, because it also means the plaintiff's attorney will pay the expert witness' fees
Laughlin: Temple Community Hospital v. Superior Court: Spoliation... Aug 01, 1999
FACTS OF THE CASE Plaintiff underwent surgery in defendant's hospital, during which an electrocautery tool allegedly ignited the oxygen used in anesthesia, causing severe burns to plaintiff's face. Despite efforts on the part of plaintiff's attorney to ensure preservation of evidence, the hospital was unable to produce it following the incident
Morgan Lewis: Ethical Issues in Employment Litigation Aug 01, 1999
JOINT DEFENSE AND REPRESENTATION Special considerations arise when an attorney represents both an employer and its. The privilege protects communications to counsel made by one defendant in the presence of a co-defendant, and to communications made between defendants jointly represented by the same attorney
Stoel Rives: Disqualification Motions and the RPCs: Recent Decisions... Jun 01, 1999
As one judge observed succinctly in rejecting the "appearance of impropriety" standard in favor of a rule-based approach to disqualification issues: Ethics standards should be clear and precise so that an attorney can know beforehand what conduct is unacceptable. 1999) (examining the preliminary issue of whether there was ever an attorney-client relationship between the party seeking disqualification based on an asserted conflict and the law firm it was attempting to disqualify); Associated
Laughlin: Dealing With Claims For Attorneys Fees in Subrogation C... Apr 01, 1999
DEALING WITH CLAIMS FOR ATTORNEY'S FEES IN SUBROGATION CASES Clark W. Patten Imagine, as a compensation claims representative, you have participated in the workers' third party case, either by Notice of Lien or Complaint-In-Intervention. You receive a telephone call from the claimant's attorney indicating the civil defendants have made a settlement offer which may resolve the case; however, counsel wishes to discuss the fee to which he is entitled for effecting reimbursement of the compensation
Morgan & Finnegan: "Year Ends with Flurry of New News" Feb 10, 1999
Library filtering suit dismissed" by Janet Kornblum, CNET News.com (www.news.com) October 21, 1998. 9 See ACLU v. Reno, 521 U.S. 844, 117 S.Ct. 2329 (1997). 10October 5,1998 letter from L. Anthony Suttin, Acting Assistant Attorney General to the Honorable Thomas Bliley as posted on http://www.aclu.org/ 11 Playboy Ent. v. Terri Welles, No. 98-55911 (9th Cir. Oct. 27,1998). Playboy Ent. v. Terri Welles, 47 USPQ 1186 (S.D.Cal.. 1998) 12 Playboy Enterprises Inc. v.Calvin Designer Label, C-97-3204
Jackson & Campbell: Winter 1999 Jan 01, 1999
For example, on January 20,1999, a Los Angeles jury awarded $116million in punitive damages against Aetna U.S. Health Care of California in the largest verdict to date against an HMO. The HMO had denied the plaintiff's deceased husband coverage for an experimental cancer treatment. According to the plaintiff's attorney, "people are just plain mad," and the "HMOs are corporate executives practicing medicine where profit is the motive, not the best interests of the patients." HMOs must brace for
Laughlin: Gapusan v. Jay: Division Of A Limited Civil Settlement ... Dec 01, 1998
APPELLATE DECISION The Court of Appeal reversed and remanded the case to the trial court with directions as follows: (1) apportion funds from each $100,000 settlement related to the wife's loss of consortium claim; (2) determine if counsel for each injured worker was entitled to an attorneys' fee and costs; and (3) thereafter satisfy the intervenor's reimbursement claim from that portion of each settlement allocated to the injured employees. Based on the language of Section 3860(b), an
Weil: "Caveat Advocat": Three Circuit Courts Of App... Aug 01, 1998
Replace Font Tag Business & Securities Litigator "Caveat Advocat": Three Circuit Courts Of Appeal Examine Liability Of Counsel For Violations Of Section 10(b) July 1998 By Miranda S. Schiller In the last five months three Circuit Courts of Appeal have examined the issue of when an attorney can be liable for violations of Section 10(b) and Rule 10b-5 of the Securities Exchange Act of 1934 (the "Exchange Act"). The most recent case, Rubin v. Schottenstein, Zox & Dunn,1 was decided by an en banc
Foley Lardner: Special Report Concerns About Discoverability Remain As... Apr 20, 1998
Rutan & Tucker: DESTRUCTION OF 'NUISANCE' PROPERTY COSTS CITY... Jan 16, 1998
Rutan & Tucker LLP HOME | ABOUT RUTAN & TUCKER | ATTORNEY PROFILES | PRACTICE AREAS | CAREERS AT R&T NEWS & UPDATES | LEGAL RESOURCES | CONTACT US & DIRECTIONS | SEARCH Articles & Updates usiness Litigation ompetitive Business and Advertising Practices ondemnation/Property Valuation onstruction Law orporate/Securities mployment/Labor nvironmental inancial Practices irm-Wide News ntellectual Property/Technology and Use/Natural Resources ife Sciences unicipal nment Agency Law eal Estate ax
Faegre & Benson: Structuring Foreign Operations to Reduce Liability Expo... Nov 01, 1997
If a company chose not to obtain an opinion, or chose to keep its attorney s advice secret, the judge and jury could assume as a matter of law that the opinion would have been unfavorable. Concern over this issue recently turned the Knorr-Bremse case into one of the most closely watched cases before the Court of Appeals for the Federal Circuit
Laughlin: Summers v. Newman For Review Aug 01, 1997
In essence, that subsection provides that in a civil action which proceeds to trial and judgment, where the claimant and the employer are represented by different attorneys, each party is entitled to recover from the judgment against the civil defendant its costs and attorneys fees. The problem has always been that parties were not certain how the statute was to be applied; specifically, by whom or from where were the intervenor's attorney's fees to be paid
Laughlin: The Employee's Strategies and Ploys To Defeat The ... Aug 01, 1997
The amount of benefits to be recovered may be so small, it is simply not cost effective to retain a subrogation attorney. In these cases, the compensation claimsperson will often deal directly with the defendant's liability insurer or the injured employee's civil attorney concerning resolution of the subrogation claim
Laughlin: The Notice Requirement In The Labor Code - Two Recent O... Dec 01, 1996
In fact plaintiff's attorney had specifically requested that American Home Assurance defer filing a Complaint in Intervention pending the outcome of the settlement negotiations. We are somewhat fearful that unscrupulous plaintiff's attorneys may advise clients not to file compensation claims until after negotiating a civil settlement
Laughlin: Attorney's Fees Payable to the Claimant's Att... Dec 01, 1995
ATTORNEY'S FEES PAYABLE TO CLAIMANT'S ATTORNEY IN SUBROGATION CASES Clark W. Patten Imagine that, as a compensation claims representative, you have participated in the workers' third party case, either by Notice of Lien or Complaint-In-Intervention. You receive a telephone call from the claimant's attorney indicating the civil defendants have made a settlement offer which may resolve the case; however, counsel wishes to discuss the fee to which he is entitled for effecting reimbursement of the
Laughlin: Expert Witnesses in Subrogation Cases Aug 01, 1995
The plaintiff's attorney selects the expert he wishes to use, arranges for the evidence that he wants the expert to see and review, and insures the expert is prepared and available for deposition and trial testimony. The workers' compensation insurer seeking recovery of compensation benefits paid to the injured worker is usually content with this situation because it also means the plaintiff's attorney will pay the expert witness' fees
Laughlin: Kindt v. Otis Elevator: Courts Continue To Define When ... Apr 01, 1995
KINDT V. OTIS ELEVATOR -- COURTS CONTINUE TO DEFINE WHEN THE COMMON FUND DOCTRINE APPLIES Deborah Roberts In "Fees Payable to Claimants Attorney in Subrogation Cases--Why? When? How Much?", The Subrogation Newsletter, September, 1991, we addressed the issue of when applicant's civil attorney is entitled to an attorney's fee from the employer or insurer in the context of a workers compensation reimbursement claim. BACKGROUND The common fund doctrine evolved from the equity concept that when a
Nettis Environment Ltd. v. IWI
The court sanctioned defendant by ordering it to pay plaintiff’s attorney’s fees and costs incurred in seeking the contempt sanctions
Planned Parenthood Federation of America
The court declined to award plaintiff’s attorney’s fees pending further evidentiary submissions regarding defendant’s willfulness. In a subsequent opinion, the court found defendant’s actions were willful and deliberate enough to bring the case within the category of “exceptional cases,” thereby entitling plaintiff to costs and reasonable attorney’s fees
Draper v. Aceto: Finally
See, "Attorney's Fees Payable to Claimant's Attorney in Subrogation Cases," The Subrogation Newsletter, December, 1995. See, "Luque v. Herrera: Another Attorney's Fee Horror Story!", The Subrogation Newsletter, August, 2000
September 4
Privacy experts suggest that even if the Citibank initiative, which invites e-mail recipients to access personal financial information online, is not unlawful per se, the privacy violation risks inherent in the initiative may invite investigation by the FTC and state attorneys general. html ZIFF DAVIS TO PAY TO SETTLE STATE PRIVACY ACTION Ziff Davis Media has agreed to pay $125,000 and implement certain security measures to end an investigation into its online privacy and security practices by
Illinois Court of Appeals Rejects Anticipatory Breach
Attorneys from Shaw Pittman s insurance coverage practice group represented defendant-appellee Economy Insurance Company both in the trial court and before the Illinois Court of Appeals. Background In early March 1995, an attorney for plaintiff sent an attorney s lien letter to the policyholder, an apartment complex owner, informing her of plaintiff s claim for injuries from lead poisoning contracted on the premises
Update for the Week of January 5
Labor
The "Problem Physician"
...write (''); } //-- ALL SERVICESPRACTICE AREASINDUSTRIESINTERNATIONAL PRACTICESCLIENT SUCCESSESSEARCHALL BIOSSEARCHALL PUBLICATIONSSEMINARSSEARCHRECENT NEWSPRESS ROOMCAREERS AT DORSEYATTORNEYS AND LAW STUDENTSADMINISTRATIVE AND OTHER PROFESSIONALSALL OFFICESCONTACT USABOUT THE FIRMPRO BONOCOMMUNITYFAST FACTSblnIsHome=false; The "Problem Physician", His World Is Fine - Everyone Else Has the Problem - What Does Leadership Do. A plaintiff's attorney will seek to discover any "red flags" that might
The "Problem Physician"
...write (''); } //-- ALL SERVICESPRACTICE AREASINDUSTRIESINTERNATIONAL PRACTICESCLIENT SUCCESSESSEARCHALL BIOSSEARCHALL PUBLICATIONSSEMINARSSEARCHRECENT NEWSPRESS ROOMCAREERS AT DORSEYATTORNEYS AND LAW STUDENTSADMINISTRATIVE AND OTHER PROFESSIONALSALL OFFICESCONTACT USABOUT THE FIRMPRO BONOCOMMUNITYFAST FACTSblnIsHome=false; The "Problem Physician", His World Is Fine - Everyone Else Has the Problem - What Does Leadership Do. A plaintiff's attorney will seek to discover any "red flags" that might
ARMS Forum Winter
Bouchat v. Baltimore Ravens
00, plus over $2 million in interest plus attorneys' fees. The court also found that the plaintiff's allegations of "agency" were "conclusory and speculative." Foreign banks are frequently hailed into court in New York
Dagher et al. v. Saudi Refining
00, plus over $2 million in interest plus attorneys' fees. The court also found that the plaintiff's allegations of "agency" were "conclusory and speculative." Foreign banks are frequently hailed into court in New York
In the Matter of Schering-Plough Corporation
00, plus over $2 million in interest plus attorneys' fees. The court also found that the plaintiff's allegations of "agency" were "conclusory and speculative." Foreign banks are frequently hailed into court in New York
%20et%20al.
00, plus over $2 million in interest plus attorneys' fees. The court also found that the plaintiff's allegations of "agency" were "conclusory and speculative." Foreign banks are frequently hailed into court in New York
Employment and Labor Newsletter
Employment and Labor Newsletter
Employment and Labor Newsletter
...: %20LLC%20v.%20Altus%20Finance
00, plus over $2 million in interest plus attorneys' fees. The court also found that the plaintiff's allegations of "agency" were "conclusory and speculative." Foreign banks are frequently hailed into court in New York
: Ferguson v. Lieff
California Supreme Court hears oral argument on whether attorneys can be liable for "lost" punitive damages. California authority has been split on whether attorneys can be liable for loss of their clients' punitive damages claims
: Corporations Seek Costs
Recoverable "costs," however, usually pale in comparison to incurred attorneys' fees. Therein, the Supreme Court held that "a district court may in its discretion award attorney's fees to a prevailing defendant in a Title VII case upon a finding that the plaintiff's action was frivolous, unreasonable, or without foundation, even though not brought in subjective bad faith." The Supreme Court in Hughes v. Rowe, 449 U.S. 5, 14 (1980) (per curiam) reiterated this standard for civil rights actions
: %20Inc.%20et%20al.%20v.%20GlaxoSmithKline%20PLC%20et%20al.
00, plus over $2 million in interest plus attorneys' fees. The court also found that the plaintiff's allegations of "agency" were "conclusory and speculative." Foreign banks are frequently hailed into court in New York
: %20Ltd.%20et%20al.%20v.%20Korea%20First%20Bank%20of%20New%20York
00, plus over $2 million in interest plus attorneys' fees. The court also found that the plaintiff's allegations of "agency" were "conclusory and speculative." Foreign banks are frequently hailed into court in New York
Akin Gump: What to Expect From Your Patent Attorney ??? And What N...
What To Expect From Your Patent Attorney And What NOT To Expect. Many general practitioners know to call a patent attorney when an inventor wants to file a patent or an invention, but may not be aware of many additional services that patent attorneys can provide
Ballard Spahr: Wave of Lawsuits Against Public Accommodations Under Ti...
No monetary damages are available in such suits; however, reasonable attorney's fees may be awarded. 2 The Attorney General also may bring suit under Title III in cases of general public importance or when a "pattern or practice" of discrimination is claimed
Brown McCarroll: Update on Workers' Compensation Alternatives
VI. NONSUBSCRIPTION REDUCES RISK OF RETALIATION LIABILITY Since ERISA governs the benefit plan, retaliation claims must be brought under federal law, which only allows back wages and attorneys fees, not emotional distress and punitive damages as is allowed under workers compensation law. Benefit disputes are handled internally under the ERISA plan, and in the event of subsequent litigation, recovery is limited to the amount of benefits in dispute and the plaintiff's attorney's fees
Calton Fields: Appellate Practice Case Bulletin/Labor & Employment Pra...
If the jury answers "yes" to part one of the double instruction, the plaintiff may recover limited remedies, most notably her attorney fees, even if the jury answers part two in the employer's favor. In short, the Desert Palace ruling expands the number of cases in which employers will be liable for the plaintiff's fees, even if the employer wins at trial
Downs Rachlin Martin: Structured Payout of Attorney Fees: A Golden Opportunit...
Structured Payouts of Attorney Fees: A Golden Opportunity for Tax Planning by Kevin Moriarty You've just negotiated a $1 million settlement in a personal injury case. You receive a check for $350,000 in attorney fees, your fee under a contingency payment agreement with the client
Finnegan Henderson: New York State Society of Certified Public Accountants ...
At issue in this decision was plaintiff’s application for an award of damages and attorney’s fees. The court initially decided that defendant’s liability on plaintiff’s claims could not be inferred from the consent injunction, and that it had to make findings of fact and draw conclusions of law regarding plaintiff’s claims to decide plaintiff’s request for monetary relief
Finnegan Henderson: E-Stamp Corp. v. Lahoti
1, 2000) (order awarding attorney’s fees) Plaintiff marketed Internet-based postage software under the mark E-STAMP, which it federally registered in April 1998. In an August 1, 2000, order, the court reiterated the scope of its permanent injunction and awarded plaintiff attorney’s fees in the amount of $305,615
Fisher & Phillips: Lex Mentis - Posttraumatic Stress Dishonesty
The court wrote: [T]he jury in this case could have found compelling [the plaintiff's] evidence that she would die an untimely death because of the effects of the harassment that [the defendant] knew existed and did nothing to stop. Alternatively, the jury could have found persuasive [the plaintiff's] evidence that her life was and would be completely joyless because the harassment had caused her to develop major depressive and post-traumatic stress disorder, changing the fundamental chemistry
Fisher & Phillips: Labor Letter (10/02) pdf
A plaintiff's attorney. If you have any suggestions about how we can improve the Labor Letter (or its sister publication the Hospitality Labor Letter), let us know by contacting your Fisher ips attorney or email the editor at mitchell@laborlawyers
Fisher & Phillips: Labor Letter (8/02) pdf
As you deal with real world situations involving these issues, it's a good idea to talk with your Fisher ips attorney. If your answer to any of these questions is yes, or even if you are just not sure about the answers, you should act now, before you have to do so under the watchful eyes of a plaintiff's attorney or the Department of Labor's ("DOL")Wage and Hour Division
Goodwin Procter: Law Breakfast Seminar: Investigating Sexual Harassment ...
Objectively Unreasonable In order to be actionable under the statute, the environment must be objectively offensive and unwelcome to a reasonable person in the plaintiff's position, considering all of the circumstances, including the social context in which the conduct occurs. 977 (E.D.N.Y. 1997), where summary judgment was denied because the court found issues of fact regarding the adequacy and promptness of the employer's response to the plaintiff's complaints
Goodwin Procter: Law Breakfast Seminar: Recent Legal Developments Affect...
6 C. Plaintiff's Counsel Allowed Greater Access to Employer Witnesses. More often than not, these cases develop into a battle over whether the employer's articulated reason for its decision was, in fact, the real reason or whether it was a "pretext." Until recently, Massachusetts state courts and federal courts disagreed as to the effect of a plaintiff's successful showing of pretext
Hinshaw & Culbertson: The Perils of Debt Collection by Illinois Attorneys: Te...
Hinshaw rtson | Resource Center | The Perils of Debt Collection by Illinois Attorneys: Ten Common Misconceptions of the FDCPA function HideMe(strwho) { var objLayer; if (document. src = "/img/logo_print.gif"; The Perils of Debt Collection by Illinois Attorneys: Ten Common Misconceptions of the FDCPAApril 1, 1998Thomas P. McGarry RESOURCE CENTERAlertsNewslettersResourcesArticlesBrochuresJoin Our Mailing ListSEARCHKeyword:Practice:AllConstruction, Fidelity yCorporate ess
Kilpatrick Stockton: Sweden
A private group action and an organisation action must normally be pleaded by an attorney who is a qualified lawyer. There is only a possibility in group proceedings for the plaintiff and his attorney to enter into a risk agreement regarding the attorney's fees or will be elaborated upon under answer 30 below
Littler Mendelson: An Employment Lawyer's "Top 40" Litigati...
Specifically, that preemption shall take place if the resolution of the plaintiff's state law claim "requires" interpretation of the CBA.4 The Fifth Circuit's decision in Reece is a good example of the potential application and reach of this preemption argument to claims brought by unionized employees. The court then granted the company's motion for summary judgment, finding that Reece's claims were barred because of his failure to exhaust mandatory administrative remedies under the CBA. The
Lowenstein Sandler: The Aftermath of Schmidt v. Smith: Successfully Pursuin...
"]). No New Jersey court has addressed these guidelines in any reported decision; however, the New Jersey Supreme Court has recognized that "[a]lthough an insurer may select the attorney to represent an insured, that attorney owes his first allegiance to this client in the action, the insured, and bears the responsibility t o represent him properly in all respects. " Id. at 4. Additionally, the plaintiff was awarded an eye-opening $489,091.85 in attorney fees and counsel fee application costs.
Morris: Synopsis of Title Insurance and Escrow Litigation in Ge...
Additionally, if coverage was denied in bad faith, the insurer may be held subject to the statutory penalty of twenty five percent (25%) and assessed attorneys’ fees with respect to the coverage dispute under O.C.G.A. § 33-4-6. Losses caused by attorney or agent malfeasance, non-feasance or defalcation not affecting title are not covered by the policy
Morris: Synopsis of Title Insurance and Escrow Litigation in Ge...
Additionally, if coverage was denied in bad faith, the insurer may be held subject to the statutory penalty of twenty five percent (25%) and assessed attorneys’ fees with respect to the coverage dispute under O.C.G.A. § 33-4-6. Losses caused by attorney or agent malfeasance, non-feasance or defalcation not affecting title are not covered by the policy
Morris: Synopsis of Title Insurance and Escrow Litigation in Ge...
Additionally, if coverage was denied in bad faith, the insurer may be held subject to the statutory penalty of twenty five percent (25%) and assessed attorneys’ fees with respect to the coverage dispute under O.C.G.A. § 33-4-6. Losses caused by attorney or agent malfeasance, non-feasance or defalcation not affecting title are not covered by the policy
Morris: Multiple Party Representation and Conflicts of Interest
7761 INTRODUCTION AND OVERVIEW OF GROUNDS FOR CONFLICTS As a general rule, attorneys are incapacitated by virtue of their office from representing interests that conflict with the interests of either a present or former client. See generally 7A C.J.S. Attorney & Client 150-164 (1980)
Morris: Multiple Party Representation and Conflicts of Interest
7761 INTRODUCTION AND OVERVIEW OF GROUNDS FOR CONFLICTS As a general rule, attorneys are incapacitated by virtue of their office from representing interests that conflict with the interests of either a present or former client. See generally 7A C.J.S. Attorney & Client 150-164 (1980)
Morris: Multiple Party Representation and Conflicts of Interest
7761 INTRODUCTION AND OVERVIEW OF GROUNDS FOR CONFLICTS As a general rule, attorneys are incapacitated by virtue of their office from representing interests that conflict with the interests of either a present or former client. See generally 7A C.J.S. Attorney & Client 150-164 (1980)
Riker Danzig: 9/03 Straight Talk: Targeting Natural Resource Damage...
In a novel approach, the State Attorney General’s office has retained special outside counsel to assist DEP in prosecuting and settling these NRD claims. This “flamboyant” plaintiff’s attorney from New Orleans will be compensated on a tiered contingency basis that is based on the value of the NRD recovery or settlement
Stoel Rives: Disqualification for Conflicts of Interest: The Year in...
His legal ethics practice includes counseling clients on professional ethics and attorney-client privilege issues and defending attorneys before courts and regulatory agencies. The attorney they consulted told them that he could only represent one of them and directed the defendant on to the public defender's office
Stoel Rives: Disqualification and Conflicts of Interest: The Year in...
Becton argued that its longstanding, albeit periodic, use of the Seattle firm demonstrated an ongoing attorney-client relationship. 2d 1008 (1993), holding that the question of whether an attorney-client relationship exists turns primarily on the client's subjective belief as long as that subjective belief is reasonably formed under the surrounding circumstances
Ulmer & Berne: Making A Clean Break: Executing Valid Releases and Enfo...
Practically speaking, this is the value of the severance pay or settlement amount; The release must advise the employee to consult with or seek representation from an attorney before entering into the agreement; The employee must be given 21 days to consider the release, or 45 days to consider the release if it is part of a termination program (an exit incentive offered to a group or class of employees); The employee must be given 7 days following the execution of the release to revoke the
Weil: The Second Circuit Sets Standards For PSLRA Sanctions
The PSLRA1 added Section 21D(c) to the Securities Exchange Act ( Exchange Act ) of 1934, which states that upon final adjudication of a securities fraud lawsuit, the court shall include in the record specific findings regarding whether parties and their attorneys have complied with Fed. is an award to the opposing party of the reasonable attorneys fees and other expenses incurred in the action
White & Case: Heaveafil
00, plus over $2 million in interest plus attorneys' fees. The court also found that the plaintiff's allegations of "agency" were "conclusory and speculative." Foreign banks are frequently hailed into court in New York
White & Case: Land Brandenburg
00, plus over $2 million in interest plus attorneys' fees. The court also found that the plaintiff's allegations of "agency" were "conclusory and speculative." Foreign banks are frequently hailed into court in New York
White & Case: LOT Polish Airlines S.A.
00, plus over $2 million in interest plus attorneys' fees. The court also found that the plaintiff's allegations of "agency" were "conclusory and speculative." Foreign banks are frequently hailed into court in New York
White & Case: BDO Seidman LLP
00, plus over $2 million in interest plus attorneys' fees. The court also found that the plaintiff's allegations of "agency" were "conclusory and speculative." Foreign banks are frequently hailed into court in New York
White & Case: Duane Reade
00, plus over $2 million in interest plus attorneys' fees. The court also found that the plaintiff's allegations of "agency" were "conclusory and speculative." Foreign banks are frequently hailed into court in New York
White & Case: Duferco Steel
00, plus over $2 million in interest plus attorneys' fees. The court also found that the plaintiff's allegations of "agency" were "conclusory and speculative." Foreign banks are frequently hailed into court in New York
White & Case: Bugsier Reederei Hamburg
00, plus over $2 million in interest plus attorneys' fees. The court also found that the plaintiff's allegations of "agency" were "conclusory and speculative." Foreign banks are frequently hailed into court in New York
White & Case: DeGidio v. West Group Corp.
00, plus over $2 million in interest plus attorneys' fees. The court also found that the plaintiff's allegations of "agency" were "conclusory and speculative." Foreign banks are frequently hailed into court in New York
White & Case: Foundation for Polish Science
00, plus over $2 million in interest plus attorneys' fees. The court also found that the plaintiff's allegations of "agency" were "conclusory and speculative." Foreign banks are frequently hailed into court in New York
White & Case: Hallwood Realty Partners LP v. Gotham Partners LP
00, plus over $2 million in interest plus attorneys' fees. The court also found that the plaintiff's allegations of "agency" were "conclusory and speculative." Foreign banks are frequently hailed into court in New York
White & Case: Karaha Bodas Co. LLC v. Pertamina
00, plus over $2 million in interest plus attorneys' fees. The court also found that the plaintiff's allegations of "agency" were "conclusory and speculative." Foreign banks are frequently hailed into court in New York
White & Case: Latin America Finance Group
00, plus over $2 million in interest plus attorneys' fees. The court also found that the plaintiff's allegations of "agency" were "conclusory and speculative." Foreign banks are frequently hailed into court in New York
White & Case: Navoi Mining and Metallurgical Kombinat
00, plus over $2 million in interest plus attorneys' fees. The court also found that the plaintiff's allegations of "agency" were "conclusory and speculative." Foreign banks are frequently hailed into court in New York
White & Case: Phaneuf v. Republic of Indonesia
00, plus over $2 million in interest plus attorneys' fees. The court also found that the plaintiff's allegations of "agency" were "conclusory and speculative." Foreign banks are frequently hailed into court in New York
White & Case: Republic of Poland and Ministry of the Treasury of Pola...
00, plus over $2 million in interest plus attorneys' fees. The court also found that the plaintiff's allegations of "agency" were "conclusory and speculative." Foreign banks are frequently hailed into court in New York
White & Case: Sierra Nevada Public Financing Authority
00, plus over $2 million in interest plus attorneys' fees. The court also found that the plaintiff's allegations of "agency" were "conclusory and speculative." Foreign banks are frequently hailed into court in New York
White & Case: Technische Glaswerke Ilmenau v. Commission
00, plus over $2 million in interest plus attorneys' fees. The court also found that the plaintiff's allegations of "agency" were "conclusory and speculative." Foreign banks are frequently hailed into court in New York
White & Case: NBK Bank
00, plus over $2 million in interest plus attorneys' fees. The court also found that the plaintiff's allegations of "agency" were "conclusory and speculative." Foreign banks are frequently hailed into court in New York
White & Case: Usinor et al. v. United States
00, plus over $2 million in interest plus attorneys' fees. The court also found that the plaintiff's allegations of "agency" were "conclusory and speculative." Foreign banks are frequently hailed into court in New York
White and Williams: The Check?s in the Mail?
...- Law Firm WHITE AND WILLIAMS LLP Attorneys Philadelphia, Pennsylvania var fscontrolTP = new Object(); fscontrolTP.site_pn=location. 1, the Pennsylvania Supreme Court requires all settlement funds be delivered to the plaintiff s attorney within twenty (20) calendar days not business days from the receipt of the executed release
Williams Mullen: Workplace Alternate Dispute Resolution: An Idea Whose T...
The court upheld the plaintiff's right to sue in court in spite of his written agreement to arbitrate, finding that the plaintiff had not clearly and unambiguously waived his rights under the LAD. In reaching its conclusion the Court stated, "The Court will not assume that employees intend to waive those rights unless their agreements so provide in unambiguous terms." The Court further stated that a waiver of rights provision "should at least provide that the employee agrees to arbitrate all
Nettis Environment Ltd. v. IWI
The court sanctioned defendant by ordering it to pay plaintiff’s attorney’s fees and costs incurred in seeking the contempt sanctions
Planned Parenthood Federation of America
The court declined to award plaintiff’s attorney’s fees pending further evidentiary submissions regarding defendant’s willfulness. In a subsequent opinion, the court found defendant’s actions were willful and deliberate enough to bring the case within the category of “exceptional cases,” thereby entitling plaintiff to costs and reasonable attorney’s fees
Draper v. Aceto: Finally
See, "Attorney's Fees Payable to Claimant's Attorney in Subrogation Cases," The Subrogation Newsletter, December, 1995. See, "Luque v. Herrera: Another Attorney's Fee Horror Story!", The Subrogation Newsletter, August, 2000
September 4
Privacy experts suggest that even if the Citibank initiative, which invites e-mail recipients to access personal financial information online, is not unlawful per se, the privacy violation risks inherent in the initiative may invite investigation by the FTC and state attorneys general. html ZIFF DAVIS TO PAY TO SETTLE STATE PRIVACY ACTION Ziff Davis Media has agreed to pay $125,000 and implement certain security measures to end an investigation into its online privacy and security practices by
Illinois Court of Appeals Rejects Anticipatory Breach
Attorneys from Shaw Pittman s insurance coverage practice group represented defendant-appellee Economy Insurance Company both in the trial court and before the Illinois Court of Appeals. Background In early March 1995, an attorney for plaintiff sent an attorney s lien letter to the policyholder, an apartment complex owner, informing her of plaintiff s claim for injuries from lead poisoning contracted on the premises
The "Problem Physician"
...write (''); } //-- ALL SERVICESPRACTICE AREASINDUSTRIESINTERNATIONAL PRACTICESCLIENT SUCCESSESATTORNEYSPROFESSIONAL STAFFSEARCHALL PUBLICATIONSSEMINARS SPEAKING ENGAGEMENTS AND SPONSORSHIPSSEARCHRECENT NEWSPRESS ROOMCAREERS AT DORSEYATTORNEYS AND LAW STUDENTSADMINISTRATIVE AND OTHER PROFESSIONALSALL OFFICESCONTACT USABOUT THE FIRMPRO BONOCOMMUNITYFAST FACTSblnIsHome=false; The "Problem Physician", His World Is Fine - Everyone Else Has the Problem - What Does Leadership Do. A plaintiff's attorney
Electronic Interaction in the Workplace: Monitoring
48 Waiver Of Attorney/Client Privilege And Work Product Doctrine By Use Of The Internet And/Or Inadvertent Disclosure Through E-Mail. This mistake which resulted in embarrassment for the agency, not to mention possible discipline for the employee, shows how the single click of a mouse could send sensitive and confidential information to thousands of computer users and create serious problems for attorneys and their clients
: Corporations Seek Costs
Recoverable "costs," however, usually pale in comparison to incurred attorneys' fees. Therein, the Supreme Court held that "a district court may in its discretion award attorney's fees to a prevailing defendant in a Title VII case upon a finding that the plaintiff's action was frivolous, unreasonable, or without foundation, even though not brought in subjective bad faith." The Supreme Court in Hughes v. Rowe, 449 U.S. 5, 14 (1980) (per curiam) reiterated this standard for civil rights actions
Akin Gump: What to Expect From Your Patent Attorney ??? And What N...
What To Expect From Your Patent Attorney And What NOT To Expect. Many general practitioners know to call a patent attorney when an inventor wants to file a patent or an invention, but may not be aware of many additional services that patent attorneys can provide
Brown McCarroll: Reporting Deaths in Health Care Institutions
Indeed, many such facilities have already received notification from Texas Attorney General Greg Abbott that discusses the implications of Senate Bill 826 by Sen. This defined list of facilities is not exclusive; therefore, the question of whether a particular institution “fits” within the definition is a matter that should be taken up by a facility and its attorney
Calton Fields: Appellate Practice Case Bulletin/Labor & Employment Pra...
If the jury answers "yes" to part one of the double instruction, the plaintiff may recover limited remedies, most notably her attorney fees, even if the jury answers part two in the employer's favor. In short, the Desert Palace ruling expands the number of cases in which employers will be liable for the plaintiff's fees, even if the employer wins at trial
Downs Rachlin Martin: Structured Payout of Attorney Fees: A Golden Opportunit...
Structured Payouts of Attorney Fees: A Golden Opportunity for Tax Planning by Kevin Moriarty You've just negotiated a $1 million settlement in a personal injury case. You receive a check for $350,000 in attorney fees, your fee under a contingency payment agreement with the client
Finnegan Henderson: New York State Society of Certified Public Accountants ...
At issue in this decision was plaintiff’s application for an award of damages and attorney’s fees. The court initially decided that defendant’s liability on plaintiff’s claims could not be inferred from the consent injunction, and that it had to make findings of fact and draw conclusions of law regarding plaintiff’s claims to decide plaintiff’s request for monetary relief
Finnegan Henderson: E-Stamp Corp. v. Lahoti
1, 2000) (order awarding attorney’s fees) Plaintiff marketed Internet-based postage software under the mark E-STAMP, which it federally registered in April 1998. In an August 1, 2000, order, the court reiterated the scope of its permanent injunction and awarded plaintiff attorney’s fees in the amount of $305,615
Goodwin Procter: Law Breakfast Seminar: Investigating Sexual Harassment ...
Objectively Unreasonable In order to be actionable under the statute, the environment must be objectively offensive and unwelcome to a reasonable person in the plaintiff's position, considering all of the circumstances, including the social context in which the conduct occurs. 977 (E.D.N.Y. 1997), where summary judgment was denied because the court found issues of fact regarding the adequacy and promptness of the employer's response to the plaintiff's complaints
Goodwin Procter: Law Breakfast Seminar: Recent Legal Developments Affect...
6 C. Plaintiff's Counsel Allowed Greater Access to Employer Witnesses. More often than not, these cases develop into a battle over whether the employer's articulated reason for its decision was, in fact, the real reason or whether it was a "pretext." Until recently, Massachusetts state courts and federal courts disagreed as to the effect of a plaintiff's successful showing of pretext
Kilpatrick Stockton: Sweden
A private group action and an organisation action must normally be pleaded by an attorney who is a qualified lawyer. There is only a possibility in group proceedings for the plaintiff and his attorney to enter into a risk agreement regarding the attorney's fees or will be elaborated upon under answer 30 below
Littler Mendelson: An Employment Lawyer's "Top 40" Litigati...
Specifically, that preemption shall take place if the resolution of the plaintiff's state law claim "requires" interpretation of the CBA.4 The Fifth Circuit's decision in Reece is a good example of the potential application and reach of this preemption argument to claims brought by unionized employees. The court then granted the company's motion for summary judgment, finding that Reece's claims were barred because of his failure to exhaust mandatory administrative remedies under the CBA. The
Littler Mendelson: RIF à la Carte: Using Reported Cases To Develop ...
The examples used involve only those cases where the RIF criteria appear to pass muster--in most of these cases the court has dismissed the plaintiff's lawsuit; in an isolated few, the court has denied summary judgment but has done so on grounds other than. The Seventh Circuit based that decision, however, solely on alleged age-based remarks by the decision-maker and not on the company's ranking system or on the plaintiff's claims he had been improperly ranked
Morris: Synopsis of Title Insurance and Escrow Litigation in Ge...
Additionally, if coverage was denied in bad faith, the insurer may be held subject to the statutory penalty of twenty five percent (25%) and assessed attorneys’ fees with respect to the coverage dispute under O.C.G.A. § 33-4-6. Losses caused by attorney or agent malfeasance, non-feasance or defalcation not affecting title are not covered by the policy
Morris: Synopsis of Title Insurance and Escrow Litigation in Ge...
Additionally, if coverage was denied in bad faith, the insurer may be held subject to the statutory penalty of twenty five percent (25%) and assessed attorneys’ fees with respect to the coverage dispute under O.C.G.A. § 33-4-6. Losses caused by attorney or agent malfeasance, non-feasance or defalcation not affecting title are not covered by the policy
Morris: Synopsis of Title Insurance and Escrow Litigation in Ge...
Additionally, if coverage was denied in bad faith, the insurer may be held subject to the statutory penalty of twenty five percent (25%) and assessed attorneys’ fees with respect to the coverage dispute under O.C.G.A. § 33-4-6. Losses caused by attorney or agent malfeasance, non-feasance or defalcation not affecting title are not covered by the policy
Morris: Multiple Party Representation and Conflicts of Interest
7761 INTRODUCTION AND OVERVIEW OF GROUNDS FOR CONFLICTS As a general rule, attorneys are incapacitated by virtue of their office from representing interests that conflict with the interests of either a present or former client. See generally 7A C.J.S. Attorney & Client 150-164 (1980)
Morris: Multiple Party Representation and Conflicts of Interest
7761 INTRODUCTION AND OVERVIEW OF GROUNDS FOR CONFLICTS As a general rule, attorneys are incapacitated by virtue of their office from representing interests that conflict with the interests of either a present or former client. See generally 7A C.J.S. Attorney & Client 150-164 (1980)
Morris: Multiple Party Representation and Conflicts of Interest
7761 INTRODUCTION AND OVERVIEW OF GROUNDS FOR CONFLICTS As a general rule, attorneys are incapacitated by virtue of their office from representing interests that conflict with the interests of either a present or former client. See generally 7A C.J.S. Attorney & Client 150-164 (1980)
Stoel Rives: Disqualification for Conflicts of Interest: The Year in...
His legal ethics practice includes counseling clients on professional ethics and attorney-client privilege issues and defending attorneys before courts and regulatory agencies. The attorney they consulted told them that he could only represent one of them and directed the defendant on to the public defender's office
Weil: The Second Circuit Sets Standards For PSLRA Sanctions
The PSLRA1 added Section 21D(c) to the Securities Exchange Act ( Exchange Act ) of 1934, which states that upon final adjudication of a securities fraud lawsuit, the court shall include in the record specific findings regarding whether parties and their attorneys have complied with Fed. is an award to the opposing party of the reasonable attorneys fees and other expenses incurred in the action
Williams Mullen: Workplace Alternate Dispute Resolution: An Idea Whose T...
The court upheld the plaintiff's right to sue in court in spite of his written agreement to arbitrate, finding that the plaintiff had not clearly and unambiguously waived his rights under the LAD. In reaching its conclusion the Court stated, "The Court will not assume that employees intend to waive those rights unless their agreements so provide in unambiguous terms." The Court further stated that a waiver of rights provision "should at least provide that the employee agrees to arbitrate all
Nettis Environment Ltd. v. IWI
The court sanctioned defendant by ordering it to pay plaintiff’s attorney’s fees and costs incurred in seeking the contempt sanctions
Planned Parenthood Federation of America
The court declined to award plaintiff’s attorney’s fees pending further evidentiary submissions regarding defendant’s willfulness. In a subsequent opinion, the court found defendant’s actions were willful and deliberate enough to bring the case within the category of “exceptional cases,” thereby entitling plaintiff to costs and reasonable attorney’s fees
Draper v. Aceto: Finally
See, "Attorney's Fees Payable to Claimant's Attorney in Subrogation Cases," The Subrogation Newsletter, December, 1995. See, "Luque v. Herrera: Another Attorney's Fee Horror Story!", The Subrogation Newsletter, August, 2000
September 4
Privacy experts suggest that even if the Citibank initiative, which invites e-mail recipients to access personal financial information online, is not unlawful per se, the privacy violation risks inherent in the initiative may invite investigation by the FTC and state attorneys general. html ZIFF DAVIS TO PAY TO SETTLE STATE PRIVACY ACTION Ziff Davis Media has agreed to pay $125,000 and implement certain security measures to end an investigation into its online privacy and security practices by
Illinois Court of Appeals Rejects Anticipatory Breach
Attorneys from Shaw Pittman s insurance coverage practice group represented defendant-appellee Economy Insurance Company both in the trial court and before the Illinois Court of Appeals. Background In early March 1995, an attorney for plaintiff sent an attorney s lien letter to the policyholder, an apartment complex owner, informing her of plaintiff s claim for injuries from lead poisoning contracted on the premises
The "Problem Physician"
...write (''); } //-- ALL SERVICESPRACTICE AREASINDUSTRIESINTERNATIONAL PRACTICESCLIENT SUCCESSESATTORNEYSPROFESSIONAL STAFFSEARCHALL PUBLICATIONSSEMINARS SPEAKING ENGAGEMENTS AND SPONSORSHIPSSEARCHRECENT NEWSPRESS ROOMCAREERS AT DORSEYATTORNEYS AND LAW STUDENTSADMINISTRATIVE AND OTHER PROFESSIONALSALL OFFICESCONTACT USABOUT THE FIRMPRO BONOCOMMUNITYFAST FACTSblnIsHome=false; The "Problem Physician", His World Is Fine - Everyone Else Has the Problem - What Does Leadership Do. A plaintiff's attorney
Electronic Interaction in the Workplace: Monitoring
48 Waiver Of Attorney/Client Privilege And Work Product Doctrine By Use Of The Internet And/Or Inadvertent Disclosure Through E-Mail. This mistake which resulted in embarrassment for the agency, not to mention possible discipline for the employee, shows how the single click of a mouse could send sensitive and confidential information to thousands of computer users and create serious problems for attorneys and their clients
: Corporations Seek Costs
Recoverable "costs," however, usually pale in comparison to incurred attorneys' fees. Therein, the Supreme Court held that "a district court may in its discretion award attorney's fees to a prevailing defendant in a Title VII case upon a finding that the plaintiff's action was frivolous, unreasonable, or without foundation, even though not brought in subjective bad faith." The Supreme Court in Hughes v. Rowe, 449 U.S. 5, 14 (1980) (per curiam) reiterated this standard for civil rights actions
Akin Gump: What to Expect From Your Patent Attorney ??? And What N...
What To Expect From Your Patent Attorney And What NOT To Expect. Many general practitioners know to call a patent attorney when an inventor wants to file a patent or an invention, but may not be aware of many additional services that patent attorneys can provide
Ballard Spahr: Wave of Lawsuits Against Public Accommodations Under Ti...
No monetary damages are available in such suits; however, reasonable attorney's fees may be awarded. 2 The Attorney General also may bring suit under Title III in cases of general public importance or when a "pattern or practice" of discrimination is claimed
Brown McCarroll: Reporting Deaths in Health Care Institutions
Indeed, many such facilities have already received notification from Texas Attorney General Greg Abbott that discusses the implications of Senate Bill 826 by Sen. This defined list of facilities is not exclusive; therefore, the question of whether a particular institution “fits” within the definition is a matter that should be taken up by a facility and its attorney
Calton Fields: Appellate Practice Case Bulletin/Labor & Employment Pra...
If the jury answers "yes" to part one of the double instruction, the plaintiff may recover limited remedies, most notably her attorney fees, even if the jury answers part two in the employer's favor. In short, the Desert Palace ruling expands the number of cases in which employers will be liable for the plaintiff's fees, even if the employer wins at trial
Downs Rachlin Martin: Structured Payout of Attorney Fees: A Golden Opportunit...
Structured Payouts of Attorney Fees: A Golden Opportunity for Tax Planning by Kevin Moriarty You've just negotiated a $1 million settlement in a personal injury case. You receive a check for $350,000 in attorney fees, your fee under a contingency payment agreement with the client
Epstein Becker & Green: PDF
U.S. Supreme Court Rules That Contingent Fee Portion of Lawsuit Settlements and Judgments Is Taxable to the Client On January 24, 2005, the United States Supreme Court ruled that attorneys' fees paid from a settlement or award pursuant to a contingent fee agreement are includible in a litigant's gross income for federal tax purposes. The Court of Appeals for the Fifth, Sixth and Eleventh Circuits adhered to the view that the contingent fee portion of a litigation recovery is not included in the
Epstein Becker & Green: PDF
The plaintiff in Haverty was an attorney who sued his former firm. The defendant in Maw required all employees at the plaintiff's level and above to sign an agreement containing a noncompetition provision that would have precluded the plaintiff from working in the relevant industry for two years after her employment with the defendant ended
Epstein Becker & Green: PDF
As one plaintiff's attorney recently acknowledged in a newspaper interview, "I would much prefer to have a good retaliation case than a discrimination case." This is not surprising considering that, unlike discrimination cases, retaliation claims tend to focus more on the timing of the adverse employment action than on the intent of the employer in taking the action. Moreover, whistle-blower claims can lead to broader investigations by the Securities and Exchange Commission or a state attorney
Finnegan Henderson: New York State Society of Certified Public Accountants ...
At issue in this decision was plaintiff’s application for an award of damages and attorney’s fees. The court initially decided that defendant’s liability on plaintiff’s claims could not be inferred from the consent injunction, and that it had to make findings of fact and draw conclusions of law regarding plaintiff’s claims to decide plaintiff’s request for monetary relief
Finnegan Henderson: E-Stamp Corp. v. Lahoti
1, 2000) (order awarding attorney’s fees) Plaintiff marketed Internet-based postage software under the mark E-STAMP, which it federally registered in April 1998. In an August 1, 2000, order, the court reiterated the scope of its permanent injunction and awarded plaintiff attorney’s fees in the amount of $305,615
Goodwin Procter: Law Breakfast Seminar: Investigating Sexual Harassment ...
Objectively Unreasonable In order to be actionable under the statute, the environment must be objectively offensive and unwelcome to a reasonable person in the plaintiff's position, considering all of the circumstances, including the social context in which the conduct occurs. 977 (E.D.N.Y. 1997), where summary judgment was denied because the court found issues of fact regarding the adequacy and promptness of the employer's response to the plaintiff's complaints
Goodwin Procter: Law Breakfast Seminar: Recent Legal Developments Affect...
6 C. Plaintiff's Counsel Allowed Greater Access to Employer Witnesses. More often than not, these cases develop into a battle over whether the employer's articulated reason for its decision was, in fact, the real reason or whether it was a "pretext." Until recently, Massachusetts state courts and federal courts disagreed as to the effect of a plaintiff's successful showing of pretext
Kilpatrick Stockton: Sweden
A private group action and an organisation action must normally be pleaded by an attorney who is a qualified lawyer. There is only a possibility in group proceedings for the plaintiff and his attorney to enter into a risk agreement regarding the attorney's fees or will be elaborated upon under answer 30 below
Littler Mendelson: An Employment Lawyer's "Top 40" Litigati...
Specifically, that preemption shall take place if the resolution of the plaintiff's state law claim "requires" interpretation of the CBA.4 The Fifth Circuit's decision in Reece is a good example of the potential application and reach of this preemption argument to claims brought by unionized employees. The court then granted the company's motion for summary judgment, finding that Reece's claims were barred because of his failure to exhaust mandatory administrative remedies under the CBA. The
Littler Mendelson: RIF à la Carte: Using Reported Cases To Develop ...
The examples used involve only those cases where the RIF criteria appear to pass muster--in most of these cases the court has dismissed the plaintiff's lawsuit; in an isolated few, the court has denied summary judgment but has done so on grounds other than. The Seventh Circuit based that decision, however, solely on alleged age-based remarks by the decision-maker and not on the company's ranking system or on the plaintiff's claims he had been improperly ranked
Morris: Synopsis of Title Insurance and Escrow Litigation in Ge...
Additionally, if coverage was denied in bad faith, the insurer may be held subject to the statutory penalty of twenty five percent (25%) and assessed attorneys’ fees with respect to the coverage dispute under O.C.G.A. § 33-4-6. Losses caused by attorney or agent malfeasance, non-feasance or defalcation not affecting title are not covered by the policy
Morris: Synopsis of Title Insurance and Escrow Litigation in Ge...
Additionally, if coverage was denied in bad faith, the insurer may be held subject to the statutory penalty of twenty five percent (25%) and assessed attorneys’ fees with respect to the coverage dispute under O.C.G.A. § 33-4-6. Losses caused by attorney or agent malfeasance, non-feasance or defalcation not affecting title are not covered by the policy
Morris: Synopsis of Title Insurance and Escrow Litigation in Ge...
Additionally, if coverage was denied in bad faith, the insurer may be held subject to the statutory penalty of twenty five percent (25%) and assessed attorneys’ fees with respect to the coverage dispute under O.C.G.A. § 33-4-6. Losses caused by attorney or agent malfeasance, non-feasance or defalcation not affecting title are not covered by the policy
Morris: Multiple Party Representation and Conflicts of Interest
7761 INTRODUCTION AND OVERVIEW OF GROUNDS FOR CONFLICTS As a general rule, attorneys are incapacitated by virtue of their office from representing interests that conflict with the interests of either a present or former client. See generally 7A C.J.S. Attorney & Client 150-164 (1980)
Morris: Multiple Party Representation and Conflicts of Interest
7761 INTRODUCTION AND OVERVIEW OF GROUNDS FOR CONFLICTS As a general rule, attorneys are incapacitated by virtue of their office from representing interests that conflict with the interests of either a present or former client. See generally 7A C.J.S. Attorney & Client 150-164 (1980)
Morris: Multiple Party Representation and Conflicts of Interest
7761 INTRODUCTION AND OVERVIEW OF GROUNDS FOR CONFLICTS As a general rule, attorneys are incapacitated by virtue of their office from representing interests that conflict with the interests of either a present or former client. See generally 7A C.J.S. Attorney & Client 150-164 (1980)
Stoel Rives: Disqualification for Conflicts of Interest: The Year in...
His legal ethics practice includes counseling clients on professional ethics and attorney-client privilege issues and defending attorneys before courts and regulatory agencies. The attorney they consulted told them that he could only represent one of them and directed the defendant on to the public defender's office
Weil: The Second Circuit Sets Standards For PSLRA Sanctions
The PSLRA1 added Section 21D(c) to the Securities Exchange Act ( Exchange Act ) of 1934, which states that upon final adjudication of a securities fraud lawsuit, the court shall include in the record specific findings regarding whether parties and their attorneys have complied with Fed. is an award to the opposing party of the reasonable attorneys fees and other expenses incurred in the action
Williams Mullen: Workplace Alternate Dispute Resolution: An Idea Whose T...
The court upheld the plaintiff's right to sue in court in spite of his written agreement to arbitrate, finding that the plaintiff had not clearly and unambiguously waived his rights under the LAD. In reaching its conclusion the Court stated, "The Court will not assume that employees intend to waive those rights unless their agreements so provide in unambiguous terms." The Court further stated that a waiver of rights provision "should at least provide that the employee agrees to arbitrate all
Draper v. Aceto: Finally
See, "Attorney's Fees Payable to Claimant's Attorney in Subrogation Cases," The Subrogation Newsletter, December, 1995. See, "Luque v. Herrera: Another Attorney's Fee Horror Story!", The Subrogation Newsletter, August, 2000
September 4
Privacy experts suggest that even if the Citibank initiative, which invites e-mail recipients to access personal financial information online, is not unlawful per se, the privacy violation risks inherent in the initiative may invite investigation by the FTC and state attorneys general. html ZIFF DAVIS TO PAY TO SETTLE STATE PRIVACY ACTION Ziff Davis Media has agreed to pay $125,000 and implement certain security measures to end an investigation into its online privacy and security practices by
The "Problem Physician"
...write (''); } //-- ALL SERVICESPRACTICE AREASINDUSTRIESINTERNATIONAL PRACTICESCLIENT SUCCESSESATTORNEYSPROFESSIONAL STAFFSEARCHALL PUBLICATIONSSEMINARS SPEAKING ENGAGEMENTS AND SPONSORSHIPSSEARCHRECENT NEWSPRESS ROOMCAREERS AT DORSEYATTORNEYS AND LAW STUDENTSADMINISTRATIVE AND OTHER PROFESSIONALSALL OFFICESCONTACT USABOUT THE FIRMPRO BONOCOMMUNITYFAST FACTSblnIsHome=false; The "Problem Physician", His World Is Fine - Everyone Else Has the Problem - What Does Leadership Do. A plaintiff's attorney
Electronic Interaction in the Workplace: Monitoring
48 Waiver Of Attorney/Client Privilege And Work Product Doctrine By Use Of The Internet And/Or Inadvertent Disclosure Through E-Mail. This mistake which resulted in embarrassment for the agency, not to mention possible discipline for the employee, shows how the single click of a mouse could send sensitive and confidential information to thousands of computer users and create serious problems for attorneys and their clients
: Ferguson v. Lieff
California Supreme Court hears oral argument on whether attorneys can be liable for "lost" punitive damages. California authority has been split on whether attorneys can be liable for loss of their clients' punitive damages claims
: Corporations Seek Costs
Recoverable "costs," however, usually pale in comparison to incurred attorneys' fees. Therein, the Supreme Court held that "a district court may in its discretion award attorney's fees to a prevailing defendant in a Title VII case upon a finding that the plaintiff's action was frivolous, unreasonable, or without foundation, even though not brought in subjective bad faith." The Supreme Court in Hughes v. Rowe, 449 U.S. 5, 14 (1980) (per curiam) reiterated this standard for civil rights actions
Akin Gump: What to Expect From Your Patent Attorney ??? And What N...
What To Expect From Your Patent Attorney And What NOT To Expect. Many general practitioners know to call a patent attorney when an inventor wants to file a patent or an invention, but may not be aware of many additional services that patent attorneys can provide
Ballard Spahr: Wave of Lawsuits Against Public Accommodations Under Ti...
No monetary damages are available in such suits; however, reasonable attorney's fees may be awarded. 2 The Attorney General also may bring suit under Title III in cases of general public importance or when a "pattern or practice" of discrimination is claimed
Brown McCarroll: Reporting Deaths in Health Care Institutions
Indeed, many such facilities have already received notification from Texas Attorney General Greg Abbott that discusses the implications of Senate Bill 826 by Sen. This defined list of facilities is not exclusive; therefore, the question of whether a particular institution “fits” within the definition is a matter that should be taken up by a facility and its attorney
Calton Fields: Appellate Practice Case Bulletin/Labor & Employment Pra...
Crowell & Moring: Crowell & Moring HMO Lawsuit Watch
The complaint seeks $95 million in compensatory and punitive damages in addition to attorneys' fees and interest on unpaid claims. gov:81/isysnativ Attorney General Richard Blumenthal had filed suit in 1999 under the Employee Retirement Income Security Act seeking to
Downs Rachlin Martin: Structured Payout of Attorney Fees: A Golden Opportunit...
Structured Payouts of Attorney Fees: A Golden Opportunity for Tax Planning by Kevin Moriarty You've just negotiated a $1 million settlement in a personal injury case. You receive a check for $350,000 in attorney fees, your fee under a contingency payment agreement with the client
Epstein Becker & Green: PDF
U.S. Supreme Court Rules That Contingent Fee Portion of Lawsuit Settlements and Judgments Is Taxable to the Client On January 24, 2005, the United States Supreme Court ruled that attorneys' fees paid from a settlement or award pursuant to a contingent fee agreement are includible in a litigant's gross income for federal tax purposes. The Court of Appeals for the Fifth, Sixth and Eleventh Circuits adhered to the view that the contingent fee portion of a litigation recovery is not included in the
Epstein Becker & Green: PDF
...n Jan. 24, 2005, the United States Supreme Court ruled that attorneys' fees paid from a settlement or award pursuant to a contingent fee agreement are includible in a litigant's gross income for federal tax purposes. The Court of Appeals for the Fifth, Sixth and Eleventh Circuits adhered to the view that the contingent fee portion of a litigation recovery is not included in the plaintiff's gross income
Epstein Becker & Green: PDF
The plaintiff in Haverty was an attorney who sued his former firm. The defendant in Maw required all employees at the plaintiff's level and above to sign an agreement containing a noncompetition provision that would have precluded the plaintiff from working in the relevant industry for two years after her employment with the defendant ended
Epstein Becker & Green: PDF
As one plaintiff's attorney recently acknowledged in a newspaper interview, "I would much prefer to have a good retaliation case than a discrimination case." This is not surprising considering that, unlike discrimination cases, retaliation claims tend to focus more on the timing of the adverse employment action than on the intent of the employer in taking the action. Moreover, whistle-blower claims can lead to broader investigations by the Securities and Exchange Commission or a state attorney
Fisher & Phillips: Hospitality Labor Letter (2/05) pdf
...attorneys at law www. If you have any suggestions about how we can improve the Hospitality Labor Letter (or its sister publication the Labor Letter), let us know by contacting your Fisher ips attorney or email the editor at mmitchell@laborlawyers
Goodwin Procter: Law Breakfast Seminar: Investigating Sexual Harassment ...
Objectively Unreasonable In order to be actionable under the statute, the environment must be objectively offensive and unwelcome to a reasonable person in the plaintiff's position, considering all of the circumstances, including the social context in which the conduct occurs. 977 (E.D.N.Y. 1997), where summary judgment was denied because the court found issues of fact regarding the adequacy and promptness of the employer's response to the plaintiff's complaints
Goodwin Procter: Law Breakfast Seminar: Recent Legal Developments Affect...
6 C. Plaintiff's Counsel Allowed Greater Access to Employer Witnesses. More often than not, these cases develop into a battle over whether the employer's articulated reason for its decision was, in fact, the real reason or whether it was a "pretext." Until recently, Massachusetts state courts and federal courts disagreed as to the effect of a plaintiff's successful showing of pretext
Kilpatrick Stockton: Sweden
A private group action and an organisation action must normally be pleaded by an attorney who is a qualified lawyer. There is only a possibility in group proceedings for the plaintiff and his attorney to enter into a risk agreement regarding the attorney's fees or will be elaborated upon under answer 30 below
Littler Mendelson: An Employment Lawyer's "Top 40" Litigati...
Specifically, that preemption shall take place if the resolution of the plaintiff's state law claim "requires" interpretation of the CBA.4 The Fifth Circuit's decision in Reece is a good example of the potential application and reach of this preemption argument to claims brought by unionized employees. The court then granted the company's motion for summary judgment, finding that Reece's claims were barred because of his failure to exhaust mandatory administrative remedies under the CBA. The
Littler Mendelson: RIF à la Carte: Using Reported Cases To Develop ...
The examples used involve only those cases where the RIF criteria appear to pass muster--in most of these cases the court has dismissed the plaintiff's lawsuit; in an isolated few, the court has denied summary judgment but has done so on grounds other than. The Seventh Circuit based that decision, however, solely on alleged age-based remarks by the decision-maker and not on the company's ranking system or on the plaintiff's claims he had been improperly ranked
Lowenstein Sandler: The Aftermath of Schmidt v. Smith: Successfully Pursuin...
"]). No New Jersey court has addressed these guidelines in any reported decision; however, the New Jersey Supreme Court has recognized that "[a]lthough an insurer may select the attorney to represent an insured, that attorney owes his first allegiance to this client in the action, the insured, and bears the responsibility t o represent him properly in all respects. " Id. at 4. Additionally, the plaintiff was awarded an eye-opening $489,091.85 in attorney fees and counsel fee application costs.
Morris: Synopsis of Title Insurance and Escrow Litigation in Ge...
Additionally, if coverage was denied in bad faith, the insurer may be held subject to the statutory penalty of twenty five percent (25%) and assessed attorneys’ fees with respect to the coverage dispute under O.C.G.A. § 33-4-6. Losses caused by attorney or agent malfeasance, non-feasance or defalcation not affecting title are not covered by the policy
Morris: Synopsis of Title Insurance and Escrow Litigation in Ge...
Additionally, if coverage was denied in bad faith, the insurer may be held subject to the statutory penalty of twenty five percent (25%) and assessed attorneys’ fees with respect to the coverage dispute under O.C.G.A. § 33-4-6. Losses caused by attorney or agent malfeasance, non-feasance or defalcation not affecting title are not covered by the policy
Morris: Synopsis of Title Insurance and Escrow Litigation in Ge...
Additionally, if coverage was denied in bad faith, the insurer may be held subject to the statutory penalty of twenty five percent (25%) and assessed attorneys’ fees with respect to the coverage dispute under O.C.G.A. § 33-4-6. Losses caused by attorney or agent malfeasance, non-feasance or defalcation not affecting title are not covered by the policy
Morris: Multiple Party Representation and Conflicts of Interest
7761 INTRODUCTION AND OVERVIEW OF GROUNDS FOR CONFLICTS As a general rule, attorneys are incapacitated by virtue of their office from representing interests that conflict with the interests of either a present or former client. See generally 7A C.J.S. Attorney & Client 150-164 (1980)
Morris: Multiple Party Representation and Conflicts of Interest
7761 INTRODUCTION AND OVERVIEW OF GROUNDS FOR CONFLICTS As a general rule, attorneys are incapacitated by virtue of their office from representing interests that conflict with the interests of either a present or former client. See generally 7A C.J.S. Attorney & Client 150-164 (1980)
Morris: Multiple Party Representation and Conflicts of Interest
7761 INTRODUCTION AND OVERVIEW OF GROUNDS FOR CONFLICTS As a general rule, attorneys are incapacitated by virtue of their office from representing interests that conflict with the interests of either a present or former client. See generally 7A C.J.S. Attorney & Client 150-164 (1980)
Musick Peeler & Garrett: DEDUCTION OF ATTORNEYS' FEES PAID BY INDIVIDUALS (...
Musick Peeler tt LLP MP&G Library - Articles DEDUCTION OF ATTORNEYS' FEES PAID BY INDIVIDUALS (Commissioner v. Banks, 125 S.Ct. 826 (2005), resolves a very narrow but most important issue pertaining to the tax treatment of attorneys’ fees [FN1] payable by plaintiffs in connection with settlements and judicial awards
Weil: The Second Circuit Sets Standards For PSLRA Sanctions
The PSLRA1 added Section 21D(c) to the Securities Exchange Act ( Exchange Act ) of 1934, which states that upon final adjudication of a securities fraud lawsuit, the court shall include in the record specific findings regarding whether parties and their attorneys have complied with Fed. is an award to the opposing party of the reasonable attorneys fees and other expenses incurred in the action
Williams Mullen: Workplace Alternate Dispute Resolution: An Idea Whose T...
The court upheld the plaintiff's right to sue in court in spite of his written agreement to arbitrate, finding that the plaintiff had not clearly and unambiguously waived his rights under the LAD. In reaching its conclusion the Court stated, "The Court will not assume that employees intend to waive those rights unless their agreements so provide in unambiguous terms." The Court further stated that a waiver of rights provision "should at least provide that the employee agrees to arbitrate all
Draper v. Aceto: Finally
See, "Attorney's Fees Payable to Claimant's Attorney in Subrogation Cases," The Subrogation Newsletter, December, 1995. See, "Luque v. Herrera: Another Attorney's Fee Horror Story!", The Subrogation Newsletter, August, 2000
