Abstracts » Law

Undoing done deals; outsiders object to settlements in asbestos, derivative suits

Article Abstract:

The US Supreme Court's 1998-99 term has two cases testing settlements in large suits. Ortiz v. Fibreboard tests a proposed $1.5bil settlement of asbestos claims. Fibreboard Corp, two of its insurers and a team of plaintiffs lawyers made the no-opt-out deal. The second case, California Public Employees Retirement System v. Felzen, tests whether unhappy shareholders who were not parties to a derivative suit can challenge a settlement making payouts only to lawyers.

Management, Compromise and settlement, Settlements (Law), Laws, regulations and rules, Complex litigation

---

Privacy rights pulled over; cops get more power to search personal effects in vehicles

Article Abstract:

The Supreme Court has increased the power of police officers intending to find illegal drugs to stop cars and search the personal effects of drivers and their passengers.The most recent victory came in the 1999 case of United States v. Di Re, when the court gave police officers stopping a motorist for a traffic violation and seeing evidence of drugs the power to search everything in the car, including the private effects of a presumably innocent passenger.

Cases, Searches and seizures, Automobile, Vehicle searches

---

Putting the brakes on junk analysis; a tire case pumps up judicial power over opinion testimony

Article Abstract:

The US Supreme Court ruled in Kumho Tire Co. v. Carmichael that trial judges must block expert evidence in court unless its conclusions are based on scientific principles and some generally accepted test of reliability. Years of practical experience supporting a hunch will not suffice. Since the ruling interpreted the Federal Rules of Evidence, Kumho applies in federal courts, but many state courts closely follow or are influenced by federal court rules.

Standards, Product liability, Testimony, Products liability, Evidence, Expert, Expert evidence, Evidence, Scientific, Scientific evidence (Law)

Some parts © 2012 Advameg, Inc.