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Date:Thu, 7 Jun 2001 11:55:00 -0700 (PDT)

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This is your definitive weekly summary of legal news brought to you by
law.com and the Association of the Bar of the City of New York.

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Legal Resident Aliens Win Medicaid Dispute
New York Law Journal
The Court of Appeals Tuesday struck down on state and federal constitutional
grounds a New York law that bars most Medicaid coverage for tens of thousands
of legal immigrants suffering from life-threatening illnesses.
Full Text

Blue Cross Dealt Defeat in Tobacco Suit
New York Law Journal
A Brooklyn federal jury Monday rejected racketeering and civil fraud claims
against the tobacco industry brought by Empire State Blue Cross and Blue
Shield in a suit seeking $800 million in damages. The jury, however, awarded
$17.8 million to the health insurer toward the costs of treating New York
smokers after finding the tobacco companies had violated the New York State
Consumer Protection Act.
Full Text

Rancorous Judicial Races Prompt Reforms
New York Law Journal
Prompted by increasingly rancorous judicial campaigns, the Administrative
Board of the Courts has adopted heightened standards of conduct for both
incumbent judges and lawyers seeking judicial office.
Full Text

Second Circuit Bars Sentence Tied to Wife's Action
New York Law Journal
A defendant may not have his sentenced enhanced because of his wife's failure
to surrender alleged criminal proceeds that are the subject of a forfeiture
action, the Second Circuit ruled in reversing a decision tacking 10 years
onto the prison sentence of a convicted pyramid scheme operator.
Full Text

Lawyer Denied $274,000 Guardianship Fee Premium
New York Law Journal
Rejecting a request for $274,000, a Manhattan Supreme Court justice ruled
that a lawyer's time spent finding assets and correcting the accounting of an
incapacitated person's estate should not be compensated as legal fees.
Full Text

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In-Housers Report on Quality of Life
Corporate Counsel
Despite the tumbling market, the threat of layoffs, and a proliferation of
mergers, in-house lawyers report that they're content practicing law at
companies -- and better able to balance work and home than they were at law
firms. Corporate Counsel's third annual Quality of Life Survey also profiles
companies dealing with challenges such as in-house litigation and post-merger
culture clash.
Full Text

[IMAGE] Obsession
The American Lawyer
As a young man, James Neal witnessed his baby nephew suffer inexplicable
seizures, and found reason to blame the doctor. Now, the Ohio medical
malpractice lawyer is driven to hold physicians accountable. But his
obsession has done little good lately. For seven years, he has pursued three
brothers, internationally known surgeons. The suits have destroyed Neal's
reputation and driven away his friends and his original client in the case.
Full Text

U.S. Supreme Court Orders New Sentencing Trial for Texas Death Row Inmate
American Lawyer Media
The U.S. Supreme Court ordered a new sentencing trial for a Texas death row
inmate, concluding a jury did not have an effective way to consider evidence
that the defendant was mentally retarded. The Court did not address whether
the prohibition against cruel and unusual punishment bars application of the
death sentence to mentally retarded convicts. The Court is set to consider
that issue in a separate case next term.
Full Text

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U.S. Supreme Court Strikes Down Limit on Some Workplace Awards
The Associated Press
Victims of on-the-job mistreatment may collect unlimited cash awards to make
up for what they would have earned if they had been treated fairly and stayed
on the job, the U.S. Supreme Court ruled. The 8-0 ruling is a victory for
workers' rights and civil liberties groups, and a setback for employers who
hoped to harness jury awards that can often run into the hundreds of
thousands of dollars.
Visit the Employment Law Practice Center

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Visit law.com seminars

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