Legal News – LexBlogosphere: 6/19/08
By Rob La Gatta
June 19, 2008
Based on feedback received yesterday from Michael Webster, we’re trying a new format with today’s LexBlogosphere update.
We realize that our readers can’t always tell what a post is about just from looking at it’s title. As a result, the batch of 10 articles you’ll find after the jump now includes a 1-2 sentence teaser lifted from each post to better showcase the author’s focus. If you’ve got opinions on the new format, feel free to leave them in the comments.
- “In Tonneson v. Sunoco Inc., Judge Shira A. Scheindlin held that the real estate expert, Gregory Langer, failed to offer any valid methodology for his devaluation conclusion.” – MDL judge excludes plaintiff’s real estate expert opinion in MTBE litigation, by Philadelphia attorney Sean Wajert of Dechert LLP in his Mass Tort Defense Blog
- “In its decision, the Supreme Court focused on the fact that the language of the RFOA exemption appears alongside the exemption for bona fide occupational qualifications (BFOQ).” – Employer bears the burden of proving that employees were terminated for reasonable factors other than age, by Harrisburg lawyer Rick L. Etter of McNees Wallace & Nurick in the firm’s Pennsylvania Labor & Employment Blog
- “Plaintiff (Gateway) alleged that the Defendant (ALT) sold it faulty lubricant which was used by automobile and truck dealers to which Plaintiff sold warranties. The lubricant allegedly turned out to be defective, and Gateway claims it was called upon to pay substantial warranty claims.” – Tortious interference and negligent misrepresentation claims dismissed, by Greensboro attorney Mack Sperling of Brooks Pierce in his North Carolina Business Litigation Report
- “For the most part, the Court pretty much did exactly what I said it would after the oral argument: decide that structural conflicts must be taken into account in passing on an administrator’s decision, even under a deferential standard of review, without making any sort of significant change to the general rubric for passing on an administrator’s determination in such circumstances.” – The Supreme Court’s ruling in MetLife v. Glenn, by Massachusetts lawyer Stephen D. Rosenberg of The McCormack Firm in his Boston ERISA & Insurance Litigation Blog
- “Today the U.S. Supreme Court issued four labor and employment-related decisions; none, however, were big surprises or substantial changes in the law.” – Big day at the Supreme Court: four new L&E decisions, by Portland attorney Dennis Westlind of Stoel Rives in the firm’s World of Work Blog
- “Despite the significant publicity surrounding both the Court’s decision, and the onset of actual marriage ceremonies, the decision appears to extend, but not necessarily alter, the obligations of California employers to same sex couples.” – Same sex marriage – what does it mean for California employers?, by Los Angeles lawyer Brent M. Giddens of Carlton DiSante & Freudenberger in the firm’s California Labor & Employment Law Blog
- “It’s better that one innocent go to prison than one guilty person goes free. One freed guilty person will continue to victimize several future innocents. Accordingly, even a one to one ratio of innocent to guilty in prison is an acceptable rate.” – It is better for one innocent person to be convicted…, by Texas attorney Jamie Spencer in his Austin Criminal Defense Lawyer Blog
- “The concept for a new system came from Senator Ron Wdyden, D- Oregon, who noted it was easier to compare washing machines than nursing home under the current system.” – New star ranking system for nursing homes, by Illinois lawyer Jonathan Rosenfeld of Strellis & Field in the firm’s Chicago Nursing Home Lawyer Blog
- “Considering the GAO’s history of denying most of the protests that come before it, today’s outcome is likely a surprise to the many who expected the Office to stand behind the Air Force’s source selection.” – GAO sustains Boeing’s aerial refueling tanker protest and cites significant errors in the procurement process, by Elise M. Carlin of Payne Hackenbracht & Sullivan in the firm’s Federal Construction Contracting Blog
- “No matter what your modality of pricing, the client must perceive he/she is receiving value for the amount to be paid.” – What should I consider when raising my fees?, by legal marketing specialist Ed Poll in his Law Biz Blog
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