By Pat Murphy
The Daily Record Newswire
As we flip the calendar, let's take a look at the ten most significant federal and state decisions of 2010.
Topping the list is last month's decision from a U.S. District Court judge in Virginia that the new federal health care reform law is unconstitutional. Yes, other federal judges have upheld President Barack Obama's signature legislative achievement, but the Virginia decision virtually assures a circuit split and relatively quick review by the U.S. Supreme Court.
Addressing the nation's other "hot button" issue is a federal judge's decision to strike down California's gay marriage ban. The 9th Circuit has already heard oral arguments in the case.
Turning to the meat and potatoes of the legal business, there's the 9th Circuit's decision giving the green light to a class of female employees suing Wal-Mart for discrimination. This landmark case is before the U.S. Supreme Court.
Also in employment is a key ruling by the D.C. Circuit addressing the impact of the Lilly Ledbetter Fair Pay Act in the failure-to-promote context.
On the product liability front, a federal judge recognized certain economic loss claims in the massive Toyota sudden acceleration litigation, while a Florida appeals court upheld a staggering verdict for the widow of a long-time cigarette smoker in the first "Engle" case to be reviewed. And the 7th Circuit weighed in on federal preemption in the white hot field of hip replacement lawsuits.
For those lawyers who handle criminal matters, the D.C. Circuit gave defendants a win by restricting police in their use of GPS devices to track vehicles, while Massachusetts' highest court gave the thumbs up for prosecutors to use expert testimony on repressed memory.
Finally, the Alabama State Bar issued a highly illuminating opinion addressing the ethical issues surrounding the use of "cloud computing" for the storage of privileged client information.
Here are summaries of the top cases of 2010:
Health care reform statute ruled unconstitutional
The individual mandate in the federal healthcare reform statute exceeds the powers granted to Congress under the Commerce Clause, a U.S. District Court in Virginia ruled.
Ban on gay marriage is unconstitutional
California's voter initiative limiting marriage to a union between a man and a woman is unconstitutional, a U.S. District Court in California ruled.
Wal-Mart sex bias suit can proceed as class action
Claims that Wal-Mart discriminated against thousands of female employees may be tried as a class action, the 9th Circuit ruled.
Ledbetter Act doesn't revive age-bias lawsuit
A new federal law extending the statute of limitations for certain job discrimination claims does not revive the lawsuit of an accountant who alleged he was not promoted to partner because of his age, the D.C. Circuit ruled.
Toyota faces economic loss liability in acceleration suits
Toyota may be liable for economic losses suffered by car buyers as a result of alleged sudden acceleration problems in the company's vehicles, a U.S. District Court in California ruled.
$30M smoker verdict upheld in 'Engle' case
The widow of a chronic cigarette smoker adequately proved that the tobacco industry was the cause of her husband's death, the Florida Court of Appeal ruled.
Stryker hip implant suit not preempted
Federal law regulating medical devices does not preempt a product liability lawsuit over an allegedly defective ceramic-on-ceramic hip replacement system, the 7th Circuit ruled.
Warrantless GPS use violates Fourth Amendment
The prolonged use of a GPS device without a warrant to track a suspect's vehicle violates the Fourth Amendment, the D.C. Circuit ruled.
'Repressed memory' testimony admissible
The prosecution can introduce expert testimony related to "repressed memories" in a child sex abuse case, Massachusetts's highest court ruled.
'Cloud computing' can be used to store client data
Lawyers may store client data on third-party servers without violating professional rules of conduct requiring confidentiality, the Alabama State Bar concluded.
Published: Fri, Jan 14, 2011
