Message-ID: <17165800.1075861974863.JavaMail.evans@thyme> Date: Mon, 19 Nov 2001 20:56:55 -0800 (PST) From: lists@corp.law.com To: newswire-html@majordomo.law.com Subject: Today's Legal News, November 20, 2001 Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: quoted-printable X-From: "law.com" X-To: newswire-html@majordomo.law.com X-cc: X-bcc: X-Folder: \MTAYLO1 (Non-Privileged)\Taylor, Mark E (Legal)\Deleted Items X-Origin: Taylor-M X-FileName: MTAYLO1 (Non-Privileged).pst A D V E R T I S E M E N T [IMAGE] =09 =09[IMAGE] =09 =09career center seminars legal newswire customer service = free email =09 November 20, 2001 =09 =09 [IMAGE] Compensatory Damages Not Prerequisite to Punitive Damages, 2nd Ci= rcuit Rules New York Law Journal Compensatory damages aren't a prerequisit= e to punitive damages in an employment discrimination action under federal = civil rights law, the 2nd U.S. Circuit Court of Appeals ruled. The decision= came in a case in which a jury awarded the statutory maximum of $100,000 i= n punitive damages on a woman's claim of sexual harassment stemming from a = hostile work environment. Full Text Bristol-Myers Inflated Cancer Drug= s' Prices, Teamsters Fund Charges The Legal Intelligencer Bristol-Myers Sq= uibb has been hit with a class action RICO suit for allegedly inflating the= prices of its cancer drugs, including Taxol, a widely used breast cancer d= rug. The Teamsters Health & Welfare Fund of Philadelphia and Vicinity, the = lead plaintiff in the suit filed in federal court in New York, is asking to= represent a class that would include anyone who relied on the nationally p= ublished "average wholesale price" when paying for certain drugs. Full Text= Georgia Judge Denies Lethal Injection Hearing Fulton County Daily Repo= rt The first Georgia jurist to declare electrocution unconstitutional refus= ed Monday to schedule a hearing on a similar challenge to lethal injection.= Timothy Carl Dawson's attorney argued for a hearing to examine the state's= use of lethal injection, but Fulton Superior Court Judge Wendy L. Shoob sa= id the Georgia Supreme Court "has been quite clear that lethal injection is= the acceptable method of carrying out the death penalty." Full Text A= Poor Call on Summary Judgment? The Connecticut Law Tribune A Connecticut = appellate court panel has concluded that a judge in a complex litigation co= urt didn't have the power to decide a complicated legal malpractice case ba= sed solely on the written briefs. While the panel criticized the trend towa= rd placing complex matters before trial judges for a ruling without trial, = some litigators consider the ruling a setback for efficient litigation. Fu= ll Text Texas Court Does About-Face on Class Certification Appeal Texas= Lawyer The Texas Supreme Court's flip-flop regarding whether it has jurisd= iction to hear an appeal challenging class certification in a case brought = by 20,000 dentists against a software supplier has the dentists' attorneys = crying foul. Many are seeking clarification on the court's jurisdiction in = class certification matters. Full Text Brobeck Gives Some Associates Buy= out Offer The Recorder In a last-ditch effort to avoid layoffs, San Franci= sco-based Brobeck, Phleger & Harrison is offering to pay underperforming as= sociates in its business and technology group as much as five months' salar= y to leave the firm. Firmwide managing partner Richard Parker said the idea= had been under discussion as a possible alternative to layoffs. Associate = reaction to the offer has been favorable. Full Text ADVERTISEMENT Get O= NE FREE Week of the Delphion Premier package. Register now! When it comes = to doing patent research, the best place to begin is at Delphion. With all = of the IP information you need-all in one place-it's never been easier to s= ave time, money and effort. The Delphion Premier package offers the Delphio= n Integrated View, Cross-Collection Searching (including INPADOC), Saved Se= arches, Alerts and more. Click here . A Scramble for Cover in Indian Cas= e Legal Times Some 39 lawyers and officials from the departments of Interi= or, Justice and Treasury have been summoned to appear before U.S. District = Judge Royce Lamberth in Washington, D.C., in connection with a long-running= lawsuit over a massive Indian trust fund. But the current charges have les= s to do with the fund than with what plaintiffs say is a long history of ob= fuscation, delay and outright lying by the government in the litigation its= elf. Full Text [IMAGE] 2001 Summer Associates Survey L Online Last yea= r's L/The American Lawyer Summer Associates Survey found a nationwide pheno= menon of blissfully happy and secure summer associates who had never known = a bad economy. That's no longer the case. But the picture's not too grim: T= his year's summer associates were quite pleased with the work they did, and= most said that should their firm make an offer, they'd take it without loo= king back. Find out what else they said. Full Text ADVERTISEMENT Encryp= t Your E-mail with Genidocs?! As more confidential documents are sent usin= g e-mail, the risks to confidentiality resulting from random content scann= ing increase. Omtool's Genidocs? lets you use your email system to encryp= t e-mail messages and attachments It's simple, easy and effective. If your = outside counsel doesn't insist on encryption protection for e-mail, you sho= uld. Click here for more info. Littler's Labors The Recorder Over the = past decade, Littler Mendelson has benefited from an explosion of workplace= laws and, more recently, felt the pain from a dearth of employment litigat= ion. But now, says Gary Mathiason -- the San Francisco-based firm's de fact= o visionary -- Littler is gaining the upper hand. As once high-flying law f= irms struggle to regain their footing, tortoises like Littler that crawled = through the boom are looking a lot smarter in the bust. Full Text Back o= n Firm Ground Legal Times Attorney Jason Karp splits his week between Kell= ey Drye & Warren's office in Virginia and a struggling tech company where h= e is general counsel. Such creative scheduling marks a curious move in Kell= ey Drye's effort to build a technology practice when many firms are scaling= back. The firm is paying GCs from troubled startups full salaries, despite= their part-time schedules. Full Text [IMAGE] Lawyer Wonders How Sept. = 11 Affected Jurors in Marathon Job-Bias Trial New Jersey Law Journal A n= early six-month-long employment bias trial has the plaintiff's attorney won= dering whether the events of Sept. 11 helped stack the deck against his Ira= nian-born client. "I always had a problem with this case because my client = was from Iran," says Andrew Dwyer, a Newark, N.J., solo practitioner whose = client lost her claim alleging bias based on her national origin, color, ge= nder and age.Full Text Visit the Employment Law Practice Center ADVERTIS= EMENT RealLegal E-Brief? RealLegal Application Solutions RealLegal E-Brie= f? can be utilized for any size brief -- large or small. 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