The federal bank fraud statute applies only when the victim is a bank. The 8th U.S. Circuit Court of Appeals came to this seemingly obvious conclusion in a case involving fraud committed on title companies. Last week, the 8th Circuit ...
Read More »Litigation mounting over Guidant Corp. heart devices
By Nora Lockwood Tooher Special to The Daily Record
Read More »Supreme Court rules disabled prisoners can sue under ADA
Counties and states can be sued for damages by disabled prisoners under Title II of the Americans with Disabilities Act, the U.S. Supreme Court has ruled. A paraplegic Georgia prisoner sued the state, challenging the conditions of his confinement under ...
Read More »Breath test challenges used to block DUI prosecution
Successful challenges over the software that powers breath-testing machines in Florida have blocked more than 1,000 DUI convictions over the past year – and experts tell Lawyers Weekly USA that similar fights are erupting across the country. In these challenges, ...
Read More »8th Circuit rules VIOXX lawsuit may not be removed to federal court
A class action filed against Merck & Co. for deceptive trade practices in developing and marketing the drug Vioxx may not be removed from state court to federal court under the Class Action Fairness Act (CAFA) because CAFA had not ...
Read More »Police needed valid warrant to search laptop
Even though exigent circumstances justified the warrantless seizure of a casino employee’s laptop computer, police needed a valid warrant to examine the laptop’s hard drive, the Kansas Supreme Court has ruled in reversing a felony conviction. The state gaming board ...
Read More »COA again rules trial court must complete findings
The appellate division again found the trial court fell short of its duty in deciding child custody arrangements with due diligence. It seems to happen with some frequency lately that lower court custody decisions are overturned for their vagueness. W. ...
Read More »Spam puts banks on the defensive
Banks use everything from the latest in encryption techniques to good old-fashioned police work to detect online theft. But in the fight against fraud, the giant Bank of America is going even further, enlisting the help of pandas and penguins ...
Read More »Some U.S. home buyers opting for real estate in Mexico
Way down here you need a reason to move … lose your load, leave your mind behind … Oooh, Mexico … I guess I’ll have to go now, talking about Mexico. Jimmy Buffett renewed his radio airtime in 1996 with ...
Read More »Despite deal going up in smoke, broker is entitled to commission
A sales broker’s commission is valid even when a real estate transaction was never closed, according to the Missouri Court of Appeals Western District. In Dan Byrd v. Frank B. Wilson Trust, the appeals court determined that the contract between ...
Read More »Fed reports real estate rolling along, building supplies short
2006 brought with it smooth economic sailing, with the Federal Reserve reporting strong real estate conditions in both the St. Louis and Kansas City districts, although many builders noted a squeeze on materials in the wake of 2005’s hurricanes. The ...
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