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Article • May 15, 2007
Offer of Judgment Must Include Attorney Fees by The plaintiff filed a class action against a collection agency and the defendant served an offer of judgment for the maximum amount that the plaintiff could recover, plus $500 for attorneys' fees and costs. The offer of judgment to the named plaintiff …
Article • May 15, 2007
Class Certified in CT Syringe Exchange Search Suit by The plaintiffs challenged a police practice of searching and arresting persons who participated in the Bridgeport Syringe Exchange Program, and moved for class certification. At 331: Numerosity "'is presumed at a level of 40 members' of a putative class." Exact class …
Article • May 15, 2007
Class Action With 30-40 Members Certified by The court certifies a class in a case alleging racial discrimination in housing based on census data and various calculations and assumptions suggesting that there are 30 to 40 potential class members---i.e., African Americans who have been racially steered by a particular company. …
14 Deputies Who Kill Person in Courtroom Not Entitled to Judicial Immunity by The non-prisoner decedent persisted in trying to ask the judge a question and he told the deputies to restrain him. So 14 of them jumped on him and killed him. The deputies' conduct is not shielded by …
Article • May 15, 2007
Police Rape Plaintiff Allowed to Sue Anonymously by The plaintiff alleged that she had been sexually assaulted by a state trooper. Her case was consolidated for discovery with three other similar cases against the same trooper. The court permits the plaintiff to proceed under a pseudonym, since she has taken …
Sex Offender Treatment Records Not Subject to Discovery by The plaintiff was raped in a McDonald's parking lot and sued the company. The rapist is now in prison and receiving mental health treatment, and the victim is seeking his prison mental health records. Under state law (the case being a …
Police Misconduct Reports Must be Disclosed in Discovery by The plaintiff complained of excessive force by the police and sought information about internal investigations. State law exempting internal investigative and other files from disclosure does not govern privilege issues in federal claim cases. The court directs production of the date …
Article • May 15, 2007
Family Court Judge Immune From Suit by The plaintiff sued the county Department of Social Services and a Family Court judge for allegedly interfering with his correspondence with his son and ignoring his requests for visitation, and removing the child from his relatives' custody without notice to him. The Family …
CA Peer Review Records Not Privileged in Jail Death Suit by The decedent died in jail after making repeated complaints of abdominal pain. He was diagnosed after his third complaint with gastroenteritis and prescribed palliatives; nine days later he died of peritonitis due to idiopathic perforation of the descended colon. …
Article • May 15, 2007
Time Limit for Service Extended in Immigration Suit by The plaintiff immigration detainee did not serve the defendants properly because her attorneys did not understand the service rules. That is not good cause to extend the time for service. However, the court has discretion to extend the time for service …
Article • May 15, 2007
Attorney Misconduct at Depositions by Defense counsel engaged in misconduct at depositions by improperly "interpreting" questions for the witnesses, coaching them as to how to answer, engaging in lengthy speaking objections and colloquies, conferred with his witnesses during questioning, and left the room with a deponent while questions were pending. …
Article • May 15, 2007
HCQIA No Bar to Discovery of Peer Review Reports by The Health Care Quality Improvement Act "does not create an inviolate bar to discovery of materials relating to peer review committees." (438) The court grants plaintiff's motion to compel, along with a protective order. The complaint alleges that the peer …
Article • May 15, 2007
Class Certification Discussed by Plaintiffs alleged that delays in informing them of adverse actions on Medicaid coverage claims violated federal and state statutes and the Due Process Clause. The court certifies a class over the defendants' objection based on the Galvan "necessity doctrine" that government can be expected to apply …
Article • May 15, 2007
Class Certification Explained by As to numerosity (at 286): "Numbers alone are not dispositive when the numbers are small, but will dictate impracticability when the numbers are large." Here there are at least 168 members, far more than necessary to establish numerosity. Other factors supporting certification include that most class …
Article • May 15, 2007
Ohio Court Certifies Guard Gender Discrimination Class Action by Plaintiff female correction officers sued for gender discrimination and sought both injunctive relief and damages. The court certifies the class for injunctive relief but not for damages, rejecting the rule prevailing in other circuits that if other than "incidental" damages are …
Article • May 15, 2007
Discovery of Absent Class Members Not Allowed by At 455: ". . . [D]iscovery of absent class members is ordinarily not permitted in class actions." Some courts say they are not "parties" and hence not subject to certain forms of discovery, like interrogatories. At 456: "Another, perhaps more compelling, reason …
Article • May 15, 2007
Total Exhaustion Required Under PLRA by The plain language of the PLRA exhaustion requirement compels a "total exhaustion" rule--i.e., if one claim is unexhausted, all must be dismissed. General legislative intent and history supports that conclusion, as do policy considerations, since piecemeal litigation is more time-consuming than requiring all claims …
Article • May 15, 2007
Filed under: Medical, OB/GYN, Drug Testing
Supreme Court Bans Drug Testing of Pregnant Women by At 1288: "The reasonable expectation of privacy enjoyed by the typical patient undergoing diagnostic tests in a hospital is that the results of those tests will not be shared with nonmedical personnel without her consent." See: Ferguson v. City of Charleston, …
Article • May 15, 2007
Supreme Court Strikes Down CSC Ban on Welfare Suits by The Court strikes down a statute forbidding Legal Services lawyers to challenge the constitutionality of welfare statutes, and in doing so characterizes litigation as speech and applies the usual First Amendment analysis to this content-based restriction. (Interestingly, the Court ignores …
WI Transfer to CCA Prison Upheld by The plaintiff challenged his transfer to an out-of-state prison. At 974: ". . . [A] prisoner has no liberty interest in avoiding transfer to another prison, be it out-of-state, more restrictive, or owned and run by a private corporation." The transfer does not …
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