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High Court considers arbitrator's authority to determine unconscionability



Title: Trial News

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Trial News

May 6, 2010

AAJ
Top Story
 

In oral arguments in the Supreme Court last week, the justices questioned attorneys for Rent-A-Center and a former employee on whether a challenge to the enforceability of an arbitration clause may be heard by an arbitrator or belongs in court. The potential implications are “very troubling,” according to one plaintiff attorney.

OTHER NEWS

Supreme Court green-lights shareholder class action against
Merck

Ruling unanimously last week, the justices rejected the pharmaceutical giant’s argument that the plaintiffs’ fraud claims were time-barred. Class members, who had invested in Merck on the market-share strength of its painkiller Vioxx, alleged that the company caused them to lose billions of dollars after the drug was withdrawn from the market due to safety risks.

Judge finds for plaintiffs in two bellwether Chinese drywall
trials

A federal court in Louisiana has awarded damages to the plaintiffs in two closely watched cases in a multidistrict litigation over allegedly contaminated Chinese-made drywall, which the plaintiffs claim has damaged their homes and property as well as their health.

Courts consider limits to workplace privacy
The U.S. Supreme Court heard arguments last month in a case that could establish important precedent in the ongoing question over how far free speech and privacy protections should extend into the workplace, especially when employer-issued technology is involved. Other courts are confronting similar issues.

Medical expert must disclose financial records, Maryland high
court holds

A medical expert can be required to disclose his or her financial records if the opposing party suspects the expert is a professional witness, the Maryland high court has ruled, saying that without the records, “the inquiring party will not be able to cross-examine effectively the expert witness.”

VERDICTS & SETTLEMENTS

Admiralty
Mooring line splits, knocks line handler into frigid harbor

Commercial litigation
City misleads developer on number of zoned units, causing loss of lucrative business deal

Negligence
Teenager dies after fall from no-passenger ATV

Premises liability
Supermarket patron slips on yogurt left on store’s floor

Schools
Teacher allegedly molests third grader

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