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Conn. court: church can't be sued by ex-principal
Topics in Legal News |
2011/07/25 09:04
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The Connecticut Supreme Court ruled Monday that a former Catholic school principal cannot sue the Archdiocese of Hartford on claims she was wrongly fired for not retaliating against a student, who complained about sexual remarks allegedly made by a priest now accused of abusing children.
The high court unanimously overturned a lower court ruling in favor of Patricia Dayner, former principal of St. Hedwig's School in Naugatuck. Justices said Dayner's lawsuit against the archdiocese was barred under the "ministerial exception" to state courts' authority to decide employment cases. The exception is based on the First Amendment right to freedom of religion, and the right of religious organizations to control their own internal affairs.
But the state Supreme Court, in its first ruling on the issue, didn't ban all labor-related lawsuits against religious institutions. Justices adopted the view of the 2nd U.S. Circuit Court of Appeals in New York, which ruled in 2008 that courts can decide to step into church employment disputes based on the nature of the complaints and whether court action would intrude on churches' right to decide issues related to doctrine or internal governance.
Federal appeal courts have issued conflicting rulings in ministerial exception cases. The U.S. Supreme Court will take up the issue later this year, when it hears a case involving a teacher at a church-run school in Michigan and decides whether ministerial exception applies to the Americans with Disabilities Act in cases where church workers are deemed secular, and not religious, employees.
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Indiana Court of Appeals Disagrees Over Effect of Admissions
Topics in Legal News |
2011/07/21 09:05
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Today, the Indiana Court of Appeals issued a memorandum decision, uncitable as authority under App. R. 65(D), in which the Court disagreed over the extent to which admissions could be used against a party in a motion for summary judgment in Clark v. Clark, Cause No. 01A02-1007-CT-759. While the decision itself cannot be used as precedent, the disagreement is informative.
In this case, a father and son traveled in a car together to the home of another person. When they arrived, the son got out of the car to help the father parallel park. The son positioned himself in front of his father's vehicle, between it and another vehicle parked in the alley. When the father's vehicle was in the appropriate position, the son signaled for the father to stop by putting his hand up. The father hit the gas pedal instead of the brake, and the son was pinned between his father's vehicle and the parked vehicle. The son sustained serious injuries to his leg. He brought suit against his father for his injuries and the father asserted the Indiana Guest Statute as an affirmative defense.
The Indiana Guest Statute provides that people with certain types of relationships, such as father-son, cannot sue each other for injuries arising out of the operation of a motor vehicle if the person is "in or upon" the vehicle at the time of the injuries. During the course of the litigation, the son sent requests for admissions to the father. Two of those requests and responses are reproduced below.
19. On September 5, 2007, at the time of the collision, Robert L. Clark, Jr. was not in the Chevrolet.
RESPONSE: At the moment of impact the plaintiff was not in the Chevrolet, whether he was a pedestrian is genuine issue for trial and therefore denied.
20. On September 5, 2007, at the time of the collision, Robert L. Clark, Jr. was not upon the Chevrolet.
RESPONSE: At the moment of impact the plaintiff was not upon the Chevrolet, whether he was a pedestrian is genuine issue for trial and therefore denied.
Based on those responses, the son moved for summary judgment. The father filed a cross-motion and the trial court granted the father's motion.
On appeal, the father argued that the admissions were not dispositive of whether the son was in or upon the vehicle at the time of his injuries because that is a legal conclusion that the Court would have to make after applying the law to the facts. The Court disagreed, holding that admissions can be directed to legal conclusions, not merely facts.
The dissent found the admissions ambiguous, because of the qualification about whether the son was a pedestrian and because there were questions concerning whether "in" and "upon" have the same generic meaning as they do as a legal term of art.
The lesson here is that requests for admissions can be powerful litigation tools and we lawyers must be careful when responding to them. You may find out that you have admitted something inadvertently.
Lesson:
1.Even a qualified response to a request for admission can count as an admission.
Brad A. Catlin
Price Waicukauski & Riley, LLC
http://www.indianalawupdate.com/entry/Indiana-Court-of-Appeals-Disagrees-Over-Effect-of-Admissions |
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Toyota class action suit to start with Utah case
Topics in Legal News |
2011/06/24 22:29
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The first lawsuit to go to trial in a massive class action against Toyota Motor Corp. over acceleration problems that led the company to recall 14 million cars will involve a crash that killed two people in western Utah, a federal judge said Friday.
U.S. District Judge James Selna told attorneys the case of 38-year-old Charlene Jones Lloyd and 66-year-old Paul Van Alfen, whose Toyota Camry slammed into a wall in Utah in 2010, is scheduled to go to trial in February 2013.
The case - Van Alfen v. Toyota Motor Sales, U.S.A., Inc. - will be the first of several bellwether lawsuits, intended to determine how the rest of the litigation will proceed.
Selna wrote in a tentative order that he hoped the selection would "markedly advance these proceedings."
"The Court believes that selection of a personal injury/wrongful death case is most likely the type of case to meet that goal," Selna said.
Toyota said it welcomes the Utah case as the first suit to reach court.
"We are pleased that the initial bellwether will address plaintiffs' central allegation of an unnamed, unproven defect in Toyota vehicles, as every claim in the multi-district litigation rests upon this pivotal technical issue," the company said in a statement.
Toyota has previously argued the plaintiffs have been unable to prove that a design defect in its electronic throttle control system is responsible for vehicles surging unexpectedly. It has instead blamed driver error, faulty floor mats and sticky accelerator pedals.
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H&R Block posts 5 percent drop in 4th-qtr profit
Topics in Legal News |
2011/06/23 11:40
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H&R Block Inc. on Thursday said its fiscal fourth-quarter profit fell 5 percent, as revenue declined and a series of unusual charges weighed down results. The nation's largest tax preparation company said it earned $658.6 million, or $2.15 per share, in the quarter ended April 30. That compared with net income of $690.8 million, or $2.11 per share, in the year-earlier period. The number of outstanding shares dropped 6 percent from last year, which helped lift per-share earnings for the recent quarter. The results were affected by several charges, including costs equal to 6 cents per share related to the legal fight over the loss of its refund-anticipation loan program at the end of 2010 and severance costs for departed employees. Revenue slipped one half percent to $2.33 billion from $2.34 billion last year. Revenue in its tax services division edged down in the quarter. Business services revenue -- its RSM McGladrey consulting unit -- fell 6 percent. Analysts on average expected adjusted profit of $2.14 per share on revenue of $2.32 billion, according to data provided by FactSet. Block prepared 21.4 million tax returns this year, up 6.5 percent from 2010. Growth came in both its retail stores, which added 500,000 customers, and through its digital products, which added 800,000 customers, with online do-it-yourself preparation leaping 29 percent. That was a significant gain, because Block's digital products lag rival Intuit's TurboTax. |
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JPMorgan to pay $153.6M to settle fraud charges
Topics in Legal News |
2011/06/21 13:21
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JPMorgan Chase & Co. has agreed to pay $153.6 million to settle civil fraud charges that it misled buyers of complex mortgage investments just as the housing market was collapsing. J.P. Morgan Securities, a division of the powerful Wall Street bank, failed to inform investors that a hedge fund helped select the investment portfolio and then bet that it would fail, the Securities and Exchange Commission said. Among the investors who lost money on the deal were autoworkers for General Motors, a Lutheran financial organization in Minneapolis, and a retirement services company in Topeka, Kan. The settlement announced Tuesday is one of the most significant legal actions targeting Wall Street's role in the 2008 financial crisis. It comes a year after Goldman Sachs & Co. paid $550 million to settle similar charges. Still, the settlement amounts to less than 1 percent of the bank's 2010 net income of $17.4 billion -- which is less than what JP Morgan earns in one week. In its announcement, the SEC said it had also charged Edward Steffelin with misleading investors. Steffelin headed the team at GSCP, an investment firm that was supposed to have been selecting the portfolio of mortgage securities in the $1.1 billion deal. The SEC alleged that Steffelin knew that hedge fund Magnetar Capital was directly involved in choosing the securities and that he was seeking a job with Magnetar at the time. Steffelin has not reached a settlement with regulators. |
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Investment Fraud Litigation |
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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
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The content contained on the web site has been prepared by Securities Law News as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case. | Affordable Law Firm Website Design by Law Promo |
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