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PERSONAL INJURY & INSURANCE LAW UPDATE: Umbrella Liability Policies—Must They Provide UM/UIM Coverage?

TORTS: Negligence/Liability of DNA Testing Laboratory

TORTS: Trespass: Privileged Entry

PRODUCTS LIABILITY: Federal Law Preempts Texas Fraud-on-the-FDA Rebuttal Statute

FAMILY LAW: Referring Disputed Custody Issues to Guardians or Other Third Parties

CRIMINAL LAW: Death Penalty—Use of Foreign Sodium Thiopental

PUBLIC LAW UPDATE: Graduate Student Can Bring Title IX Retaliation Claim

CRIMINAL LAW UPDATE: Right to Effective Assistance of Counsel Extended to Plea Bargains

FAMILY LAW: Paternity by Estoppel Enforced When in Best Interests of Child

ELDER LAW: Standing to Sue the Attorney-in-Fact Named in a Power-of-Attorney Document

CIVIL RIGHTS: Medical School Not Liable for Dismissal of Disabled Student

CIVIL PROCEDURE: When Is a Procedural Rule "Jurisdictional"?

TRUSTS & ESTATES, WILLS, AND TAX LAW UPDATE: Tax-Exempt Organizations: Political Activities

BUSINESS LAW UPDATE: Enforceability of an Arbitration Agreement When the Specified Arbitrator Has Agreed to Cease Administering and Participating in All Consumer Arbitration

PUBLIC LAW: Consumer Protection—Obligation to Arbitrate

LABOR LAW: Fourth Circuit Holds FLSA's "Filed Any Complaint" Clause Applicable to Intracompany Complaints

INDIAN LAW: Indian Tribe Sovereign Immunity

CORPORATIONS: A Manager's Fiduciary Duty Under the Delaware LLC Act

PENSIONS: ERISA—Effect of Designated Beneficiary's Waiver of Benefits

FAMILY LAW: Proceeds of Fraud as Marital Property

EMPLOYMENT DISCRIMINATION: Availability of a Cause of Action Under §§ 501 and 504 of the Rehabilitation Act

CRIMINAL LAW: Search and Seizure—Attachment by Police of GPS Device to Vehicle Constitutes a Search

Fifth Circuit Reverses District Court's Judgment That Hip Replacement Claims Were Preempted by Medical Device Amendments

PUBLIC LAW UPDATE: Screening of Airline Passengers Withstands Constitutional and Statutory Challenges

TORTS: Negligent Misrepresentation—Economic Loss Rule

CRIMINAL LAW: Discovery

CIVIL PROCEDURE: Sovereign Immunity of Virginia Water Authorities

"It's Not Delivery. It's DiGiorno®."—A Short Note on TILA's Notice and Delivery Requirements

EMPLOYMENT LAW: Supreme Court Upholds Arizona Illegal Workers Law Against Preemption Challenge

TAX: IRS's Right to Examine a Taxpayer's E-Mails

CONSTITUTIONAL LAW: Business Could Be Liable Under Privacy Law for Secret Monitoring of Calls Between Employees and Customers

PROPERTY: Seller of Home May Be Liable to Purchasers for Failure to Disclose a Murder-Suicide Involving the Home's Prior Owners

PERSONAL INJURY LAW UPDATE: Medical Malpractice—Effect of Treatment Expense on Potential Liability

PUBLIC LAW UPDATE: Bulk Purchases of Drivers' Records Okay Under Federal Privacy Law

HEALTH LAW: Patient Privacy Interests: At Odds with Medical Advancement?

CONSTITUTIONAL LAW: The Difference Between "Legislative Prayer" and "School Prayer"

CRIMINAL LAW: Third Circuit Court of Appeals First to Consider Sentence Enhancement Under 18 U.S.C. § 3147

PRODUCTS LIABILITY: Determining Federal Preemption in a State Tort Passenger Seatbelt Action

Criminal Fines—Applicability of Apprendi v. New Jersey

CRIMINAL LAW UPDATE: Eyewitness Identification

BUSINESS LAW UPDATE: Effect of Corporate Bankruptcy Filing on Creditor's Alter Ego Claims

TRUSTS: Judicial Evaluation of a Trustee's Exercise of Discretion

EMPLOYMENT LAW: Overtime Compensation: Factual Specificity Required to State a Claim in the Wake of Twombley and Iqbal

BANKRUPTCY: Jurisdiction

FAMILY LAW: Stock Options—Classification

PRODUCTS LIABILITY: U.S. Supreme Court Holds That Federal Law Preempts State Laws Requiring Generic Drug Manufacturers to Change Labels on Drugs

EMPLOYMENT LAW: New NLRB Rule Mandates Posting of Employee Union Rights

CRIMINAL LAW: Timing Issues Regarding the Fair Sentencing Act

PROPERTY: Adverse Possession—Assertion of a "Claim of Right"

PROPERTY LAW: What Constitutes Unearned Fees Charged to Borrowers Under RESPA § 8(b)?

EMPLOYMENT LAW: New NLRB Rule Mandates Posting of Employee Union Rights

INSURANCE LAW: Survivor's Benefits Under the Black Lung Benefits Act

PUBLIC LAW: Bullying of Disabled Student May Violate Individuals with Disabilities Education Act

EMPLOYMENT LAW: No Violation of Right of Association When Disciplined Public Employee Hires Lawyer

CIVIL PROCEDURE: Supreme Court Rejects General Jurisdiction over Nonresident Defendants Under "Stream of Commerce" Theory

FAMILY LAW: Parental Relocation

PROPERTY: Vendor's Purchase-Money Mortgage Priority over Third-Party Purchase-Money Mortgage

CONTRACTS: Internet Job Posting Ruled Not Solicitation or Inducement

WORKERS' COMPENSATION: Workplace Stress-Induced Suicide May Be Compensable Under Workers' Compensation Law

SCHOOLS/SOCIAL NETWORKING: MySpace: A 2011 Odyssey—School-Imposed Discipline for Off-Campus Internet Speech

PRODUCTS LIABILITY: Is the Statute of Limitations in Individual Products Liability Actions Equitably Tolled During the Pendency of a Class Action in Another Jurisdiction?

PROPERTY: RESPA Prohibition Against Charging of Fees Except for Services Actually Performed May Not Require Multiple Service Providers

CRIMINAL LAW: Search and Seizure—Warrantless Use of GPS Device on Defendant's Vehicle Found to Be a "Search"

EMPLOYMENT DISCRIMINATION: Retaliation for Opposition to Discrimination

FAMILY LAW: Tax Savings as Marital Property

WILLS: Integrated Documents as a Valid Will

BANKRUPTCY: Unsecured Claims—"Chapter 20" Cases

PRODUCTS LIABILITY: Court of Another State Was Not an Alternate Forum

EMPLOYMENT DISCRIMINATION: Employer Not Liable for Age Discrimination Under "Cat's Paw" Theory

PROPERTY: Nonconforming Use Zoning Controversy Hinges on Whether Use Was Permissive, Adverse, or Trespass

TORTS: Negligence—Hotel's Liability for Theft of Guest's Vehicle

CRIMINAL LAW: Supreme Court Rules Children Entitled to More Than Standard Miranda Warnings

PROPERTY LAW: Mortgages, Merger, and Mayhem: Foreclosing Mortgagee's Omission of Junior Lienholder

TAX: Waiver of 60-Day Limitations Period on a Tax-Free Rollover from an IRA Because of an Error by the Taxpayer's Financial Advisor

PROPERTY: Nominal Damages May Support Award of Punitive Damages in a Harmless but Intentional Trespass Action

FAMILY LAW: Grandparents' Petition for Visitation with Adopted Grandchild Denied

CONTRACTS AND CONSUMER PROTECTION: Supreme Court Weighs in on Enforceability of Arbitration Clause Prohibiting Classwide Arbitration

UNEMPLOYMENT COMPENSATION: Emotional Distress Claimant Qualifies for Benefits

PRODUCTS LIABILITY: Statute of Limitations Not Triggered by Earlier-Discovered Disease

CIVIL PROCEDURE: Obtaining Service of Process on a Foreign Defendant

BANKRUPTCY: Student Loans: When Is the Debt Dischargeable?

CRIMINAL LAW: Fourth Amendment: Government Access to Private E-Mails

EMPLOYMENT LAW: Accommodating Employees' Religious Observances and Practices

CRIMINAL LAW: Search and Seizure—Dog "Sniff Test" at Front Door of Private Residence

FAMILY LAW: Equalizing Monetary Awards

WILLS: Relaxation of Requirements for Executing a Will

COMMERCIAL LAW: Mortgage Foreclosure—Stay

EMPLOYMENT DISCRIMINATION: Supreme Court Applies Proximate Cause Analysis to USERRA "Cat's Paw" Case

INSURANCE: Life Insurance—Insurer's Right to Rescind After Incontestability Period Ends

INSURANCE: The MCS-90 Motor Carrier Insurance Surety Endorsement

PROPERTY: Intentional Damage to Neighbor's Easement Leads to Charge of Malicious Mischief Against Property of Another

CRIMINAL LAW AND CIVIL RIGHTS: Due Process—Posttrial Right to Access Evidence for DNA Testing in Civil Rights Action

PRODUCTS LIABILITY: Educational Warnings Regarding Drug Discussed in the Context of Removal

PROPERTY: No Private Right of Action Under the Home Affordable Modification Program ("HAMP")

CIVIL PROCEDURE: Is Denial of Summary Judgment Appealable After Trial on the Merits?

EMPLOYMENT DISCRIMINATION: Employer Can't Force Discrimination Plaintiffs to Submit to Testing of Personalities and Emotional States

PROPERTY: Acquisition of a Prescriptive Easement by a Class of Persons

PERSONAL INJURY: The Effect of a Patient's Fault in Medical Malpractice Cases

PRODUCTS LIABILITY: State Law Failure-to-Warn Claims Not Preempted by FDCA

ARBITRATION: Judicial Intervention

SCHOOLS: School Districts' Standing to Seek Redress from States Under IDEA

SCHOOLS: Teacher Immunity—In-School and on Field Trips

PUBLIC LAW: Large Class Size as Disability Discrimination Against Teachers

Convicted Defendants' Access to DNA Evidence

WILLS: Contests: Relationship Between Undue Influence and Fraud

CRIMINAL LAW: Supreme Court Applies Strict Standard to Federal Habeas Corpus Review of State Conviction

BANKRUPTCY: Qualification of Debtor—Means Test

FAMILY LAW: Errors on Mandatory Financial Statements

CIVIL RIGHTS: Allocating Fees for Frivolous Claims

CRIMINAL LAW: More on the Confrontation Clause from the U.S. Supreme Court

WORKERS' COMPENSATION: Workers' Compensation as Exclusive Remedy for Terminated Employee

LOCAL GOVERNMENT: Church Building Saved by Historic District Designation

CRIMINAL LAW: Unlawful Access of Computers

ADMIRALTY: The Reverse-Erie Doctrine: Saving to Suitors Clause

CYBERLAW: Potential Liability for Operating a Website

SCHOOLS: Preinjury School Trip Release Unenforceable

PROPERTY: RESPA Prohibition Against Charging of Fees Except for Services Actually Performed May Not Require Multiple Service Providers

CONTRACTS AND CONSUMER PROTECTION: Enforceability of Arbitration Clause Prohibiting Classwide Arbitration

STATE AND LOCAL GOVERNMENT: The Shaky Ground of the Citizens-Only Provision of Virginia's Freedom of Information Act

CIVIL RIGHTS: Town Hit with Judgment Under Religious Land Use and Institutionalized Persons Act

TORTS: Parental Immunity Bars a Suit Against Parent for Negligent Supervision in Daughter's Drowning

ESTATES: Impact of Repeal of Federal Estate Tax on Exemption—Calculated Bypass Trusts

EMINENT DOMAIN: What's an Easement Worth?

CRIMINAL LAW: Inmate's § 1983 Claim to Postconviction DNA Testing

EMPLOYMENT LAW: Physical Attractiveness and Sex Discrimination Under Title VII

ALTERNATIVE DISPUTE RESOLUTION: Grounds for Vacating, Modifying, or Correcting Arbitration Award

CRIMINAL LAW: Unreliable Confessions

PROPERTY: Exculpatory Clause in Home Inspection Contract Is Void

AVIATION LAW: Federal Preemption of Tort Claims Against Airlines

CRIMINAL LAW: Bar Cautions Against Concealment of Identity of Material Witness as Condition of Plea Offer

CONSTITUTIONAL LAW: Pledge, Patriotism, and Pupils: Failed Attacks on State Pledge Statutes

CIVIL PROCEDURE: Creative Use of Rule 12(f) Backfires

PRODUCTS LIABILITY: No Duty to Warn re Hot Coffee

TAX: Fate of the Estate Tax in the Lame-Duck Session

BANKRUPTCY: Secured Treatment of Negative Equity

CIVIL RIGHTS: Employment Law - Exhaustion of Administration Remedies

CORPORATIONS: Delaware Supreme Court Issues Important Ruling

INSURANCE: Coverage for Manufacturer's Economic Loss

MORTGAGES: Claims Under the Home Affordable Mortgage Program

CIVIL RIGHTS: Heightened-Scrutiny Test Applied in Fair Housing Act Case

FAMILY LAW: Discovery of Hard Drives

MORTGAGES: MERS May Have Standing to Foreclose on a Mortgage Even If It Does Not Own the Mortgage

TRADEMARKS: Infringement—Initial Interest Confusion