Peyton v. Fred’s Stores of Arkansas, No. 08-2346. After attending a three-week management training course, plaintiff assumed her position as the store manager of Fred’s in Heber Springs, Arkansas, on January 6, 2006. After working at the store for two days, plaintiff experienced pain in her abdomen, consulted her physician, and learned she had ovarian [...]
Archive for April, 2009
Eighth Circuit holds that employer is not required to accommodate an employee with cancer during her treatment and recovery period.
Posted in Civil Rights, Employment Law, tagged Americans with Disabilities Act, reasonable accommodation on April 16, 2009 | 2 Comments »
According to the Eleventh Circuit, fines under the Fair Credit Reporting Act are not excessive.
Posted in Constitutional Law, Consumer Protection, tagged Fair & Accurate Credit Transactions Act, Fair Credit Reporting Act on April 14, 2009 | Leave a Comment »
Class actions were filed against Mexican Specialty Foods and Rave Motion Pictures Birmingham, LLC, regarding violations of the Fair and Accurate Credit Transactions Act, which amended the Fair Credit Reporting Act (“FCRA”) to prohibit printing of more than the last five numbers of a consumer’s credit or debit card on a receipt. Defendants filed for [...]
California court holds psychiatrist has no duty to his patient’s victims.
Posted in Medical Malpractice, Torts, tagged medical negligence, wrongful death on April 13, 2009 | Leave a Comment »
Nineteen-year-old William Freund had suffered from Asperger’s Syndrome, a form of autism that affects social skills, and received treatment for that condition from Dr. Laurence Greenberg, a psychiatrist, for several years. Freund lived next door to the Smith family. He was friends with Brandon Smith and attended school with him. Freund had never exhibited any [...]
Arkansas Court of Appeals explains that contract claims, even though couched as tort claims, are subject to arbitration.
Posted in Arbitration, Contract Law, Torts, tagged Arbitration, Arkansas Deceptive Trade Practices Act, Arkansas Uniform Arbitration Act on April 10, 2009 | Leave a Comment »
CEI Engineering Associates, Inc. v. Elder Construction Co., No. CA 08-601. In 2005, Elder Construction Company (“Elder”) contracted with CEI Engineering Associates, Inc. (“CEI”), to perform engineering services related to six construction projects. Under the contract, the parties agreed to settle all claims regarding “interpretation, application or enforcement” of the contract through binding arbitration. In [...]
Eighth Circuit holds that a boat driver’s negligence is imputed to the owner of the boat if the owner is a passenger and acquiescing in the driver’s operation of the boat.
Posted in Torts, tagged agency, imputed liability on April 10, 2009 | Leave a Comment »
Littleton v. McNeely, No. 07-3478. On June 19, 2005, a collision occurred between a boat owned by Brandon McNeely and a boat owned by Robert Smedley and operated by Michael Littleton. Smedley and Littleton, and their wives, were vacationing at the Lake of the Ozarks for a three-day weekend. Throughout the day prior to the [...]
Arkansas Supreme Court allows claim for outrage against attorney who solicited sexual favors from a client in exchange for professional services.
Posted in Torts, tagged outrage on April 6, 2009 | Leave a Comment »
Rees v. Smith, No. 08-293. According to plaintiff’s complaint, she retained attorney David Rees to represent her on a claim regarding the birth control drug Depo-Provera. After filing a claim for her, Rees demanded sexual favors from her to continue the representation. The sexual relationship continued for approximately five years. In 2004, plaintiff filed claims [...]
Business Owners: What to do if you’re sued.
Posted in General Information on April 3, 2009 | Leave a Comment »
Here is an excellent article by Fred Abramson regarding the issues you should consider if your business is sued.
Ten ways judges can raise concerns about their impartiality.
Posted in Ethics, tagged judicial misconduct on April 2, 2009 | 1 Comment »
Preside over a case in which one of the parties contributed to your judicial campaign (full story) Swear at a party or a party’s attorney (full story) Sentence criminal defendants to attend a probation program you own or control (full story) Physically intervene when a party starts beating up a witness or opposing party (this [...]
Ninth Circuit allows man exonerated for kidnapping, rape, and molestation convictions to sue police officer for fabricating evidence.
Posted in Civil Rights, tagged police misconduct on April 1, 2009 | Leave a Comment »
After spending nearly 14 years in prison, Leonard McSherry was exonerated by DNA evidence and a confession by the actual perpetrator for his 1988 convictions for kidnapping, rape, and molestation. According to McSherry’s civil rights lawsuit against the City of Long Beach, the police department, and two officers, the police fabricated the victim’s description of [...]
April Fool’s Blawg Review is a hilarious read.
Posted in Blawg Review, tagged Blawg Review on April 1, 2009 | Leave a Comment »
Downtown Lawyer has been included in this extra edition for my post on the judge cussing at plaintiff’s counsel. Thanks to A Fool in the Forest and Blawg Review for including me!
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Recent Posts
- Seventh Circuit holds that indigent plaintiff’s lawsuit should not have been dismissed solely because he was unable to pay a court-imposed sanction.
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