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The courthouse doors are closed to an alleged victim of childhood lead-paint poisoning who failed to notify the Housing Authority of Baltimore City within 180 days after being diagnosed with an elevated blood lead level, a Maryland appeals court has held. In its 3-0 decision, the Court of Special Appeals upheld Baltimore City Circuit Judge Evelyn O. Cannon's dismissal of Kevin Antoine Mitchell's $2 million claim that his exposure to lead paint while living in an HABC property caused brain damage. Mitchell did not notify the agency until nearly 19 years after the diagnosis, well beyond the 180-day requirement under the Local Government Tort Claims Act, the intermediate appellate court said.
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Letters from jurors expressing their doubts about the defendant's guilt and describing irregularities during deliberations were not sufficient to warrant a reversal of the defendant's conviction, the has ruled. The defendant was convicted of aggravated robbery and sentenced to 15 years' imprisonment. After trial, two jurors wrote letters to the court. The first letter stated that the juror was unsure about the jury instructions, while the second letter stated that the juror did not believe the state had proved its case beyond a reasonable doubt. The second letter also alleged that the jury deliberations were improper and that the juror felt pressured to conform to the majority opinion.
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Manufacturers are not liable for the death a woman who was allegedly exposed to asbestos brought home on her husband's work clothes during the early 1960s, the Illinois has ruled in reversing a $1.5 million verdict. The plaintiff's 93-year-old mother died from mesothelioma in 2006. He filed a wrongful death suit against various asbestos manufacturers, including Honeywell, alleging that his mother was exposed to asbestos brought home on his father's work clothes when the man worked for an automotive brake manufacturer from 1962 to 1963.
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While appeal strategies can be found in a litigator's bag of tricks, they're different conjuring tools from those used in trial work. A good trial lawyer isn't necessarily a good appellate lawyer, and vice versa," said Douglas Cooper, chairman of the litigation department at the Uniondale law firm Ruskin Moscou Faltischek. "They require different skills.
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An Illinois employer may be liable for violating state and federal privacy laws by accessing personal e-mails through an AOL account a former employee had left active on her work computer. That was the conclusion reached last week by the Illinois Appellate Court in Borchers v. Franciscan Tertiary Province of the Sacred Heart.
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Siblings who claim to be the offspring of a priest's affair with a church organist about 60 years ago cannot sue the religious society that hired him and allegedly covered up the fact he was their father, a Maryland appellate court has held. Carla A. Latty and Adrian Senna alleged that St. Joseph's Society of the Sacred Heart Inc. had a legal obligation to tell them that one of its priests, Francis E. Ryan, had broken his vow of celibacy in the late 1940s and early 1950s with organist Anna Maria Franklin Senna, and that the couple became their parents. They also alleged the Baltimore-based society was negligent in its hiring and supervision of the priest.
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A father was entitled to a partial award of attorney's fees even though he did not prevail on the central issue of child support at an administrative hearing. The Missouri Court of Appeals fine-tuned the award of attorney's fees to the father because the father prevailed on the issue of health insurance when the mother was ordered to maintain the coverage already being provided by her.
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A Pennsylvania appellate court yesterday upheld a divorce decree awarding the wife the frozen "pre-embryos" created from the husband's sperm and her eggs. [B]ecause Husband and Wife never made an agreement prior to undergoing [in vitro fertilization], and these pre-embryos are likely Wife's only opportunity to achieve biological parenthood and her best chance to achieve parenthood at all, we agree with the trial court that the balancing of the interests tips in Wife's favor," wrote Pennsylvania Superior Court Judge Gene Strassburger in Reber v. Reiss.
