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Selections from National Law Journal Daily Headlines May 7, 2009

By David Badertscher, PLL

Source: NLJ.com, May 7, 2009.

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Judge blasts plaintiffs firm over asbestos suit

"A Los Angeles judge has blasted one of the nation's leading plaintiffs firms in asbestos litigation for trying to get the upper hand in a case through what he called a 'type of judicially sanctioned extortion.' The judge concluded that Waters & Kraus had re-filed in California a case that was first filed in Texas as a way to force a settlement. Calling such tactics a 'waste of the court's time,' the judge said Waters & Kraus has played the same "grisly game of asbestos litigation" in at least nine cases."

 

Mass. high court allows employer to modify employee's job to avoid disability payments

"Employees in Massachusetts who injure themselves at work may not be entitled to disability retirement benefits if their employer accommodates them with a lighter job. A recent Massachusetts Supreme Judicial Court ruling held that employers can change an injured worker's duties to keep him on the job and prevent him from going into retirement and collecting disability."

 

DOJ cracks down on discrimination against returning injured soldiers

"The U.S. Department of Justice is cracking down on employers that discriminate against returning injured soldiers, who are having a hard time getting their old jobs back, either being demoted, or denied work altogether."

 

Judge: CAN-SPAM preempts Calif. spam law

"A Los Angeles judge, ruling on a case of first impression, has found that the federal CAN-SPAM Act preempts a California law designed to curb false and misleading commercial emails. The May 4 ruling, which throws out a case claiming $45 million in damages, is the first to address the pre-emption issue in California's state courts and could stymie future suits filed under the statute. "

OPINION:

Don't Rule Out Prosecutions

"In the wake of President Obama's praiseworthy decision to make public the Bush administration's Office of Legal Counsel torture memos, some commentators have taken the view that the Obama administration should rule out the possibility of torture prosecutions. Not so fast."

Full post as published by New York Supreme Court Criminal Term Library on May 07, 2009 (boomark / email).