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Subject:Today's Legal News, November 20, 2001
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Date:Mon, 19 Nov 2001 20:56:55 -0800 (PST)


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November 20, 2001 =09 =09


[IMAGE] Compensatory Damages Not Prerequisite to Punitive Damages, 2nd Ci=
rcuit Rules New York Law Journal Compensatory damages aren't a prerequisit=
e to punitive damages in an employment discrimination action under federal =
civil rights law, the 2nd U.S. Circuit Court of Appeals ruled. The decision=
came in a case in which a jury awarded the statutory maximum of $100,000 i=
n punitive damages on a woman's claim of sexual harassment stemming from a =
hostile work environment. Full Text Bristol-Myers Inflated Cancer Drug=
s' Prices, Teamsters Fund Charges The Legal Intelligencer Bristol-Myers Sq=
uibb has been hit with a class action RICO suit for allegedly inflating the=
prices of its cancer drugs, including Taxol, a widely used breast cancer d=
rug. The Teamsters Health & Welfare Fund of Philadelphia and Vicinity, the =
lead plaintiff in the suit filed in federal court in New York, is asking to=
represent a class that would include anyone who relied on the nationally p=
ublished "average wholesale price" when paying for certain drugs. Full Text=
Georgia Judge Denies Lethal Injection Hearing Fulton County Daily Repo=
rt The first Georgia jurist to declare electrocution unconstitutional refus=
ed Monday to schedule a hearing on a similar challenge to lethal injection.=
Timothy Carl Dawson's attorney argued for a hearing to examine the state's=
use of lethal injection, but Fulton Superior Court Judge Wendy L. Shoob sa=
id the Georgia Supreme Court "has been quite clear that lethal injection is=
the acceptable method of carrying out the death penalty." Full Text A=
Poor Call on Summary Judgment? The Connecticut Law Tribune A Connecticut =
appellate court panel has concluded that a judge in a complex litigation co=
urt didn't have the power to decide a complicated legal malpractice case ba=
sed solely on the written briefs. While the panel criticized the trend towa=
rd placing complex matters before trial judges for a ruling without trial, =
some litigators consider the ruling a setback for efficient litigation. Fu=
ll Text Texas Court Does About-Face on Class Certification Appeal Texas=
Lawyer The Texas Supreme Court's flip-flop regarding whether it has jurisd=
iction to hear an appeal challenging class certification in a case brought =
by 20,000 dentists against a software supplier has the dentists' attorneys =
crying foul. Many are seeking clarification on the court's jurisdiction in =
class certification matters. Full Text Brobeck Gives Some Associates Buy=
out Offer The Recorder In a last-ditch effort to avoid layoffs, San Franci=
sco-based Brobeck, Phleger & Harrison is offering to pay underperforming as=
sociates in its business and technology group as much as five months' salar=
y to leave the firm. Firmwide managing partner Richard Parker said the idea=
had been under discussion as a possible alternative to layoffs. Associate =
reaction to the offer has been favorable. Full Text ADVERTISEMENT Get O=
NE FREE Week of the Delphion Premier package. Register now! When it comes =
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n Integrated View, Cross-Collection Searching (including INPADOC), Saved Se=
arches, Alerts and more. Click here . A Scramble for Cover in Indian Cas=
e Legal Times Some 39 lawyers and officials from the departments of Interi=
or, Justice and Treasury have been summoned to appear before U.S. District =
Judge Royce Lamberth in Washington, D.C., in connection with a long-running=
lawsuit over a massive Indian trust fund. But the current charges have les=
s to do with the fund than with what plaintiffs say is a long history of ob=
fuscation, delay and outright lying by the government in the litigation its=
elf. Full Text [IMAGE] 2001 Summer Associates Survey L Online Last yea=
r's L/The American Lawyer Summer Associates Survey found a nationwide pheno=
menon of blissfully happy and secure summer associates who had never known =
a bad economy. That's no longer the case. But the picture's not too grim: T=
his year's summer associates were quite pleased with the work they did, and=
most said that should their firm make an offer, they'd take it without loo=
king back. Find out what else they said. Full Text ADVERTISEMENT Encryp=
t Your E-mail with Genidocs?! As more confidential documents are sent usin=
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t e-mail messages and attachments It's simple, easy and effective. If your =
outside counsel doesn't insist on encryption protection for e-mail, you sho=
uld. Click here for more info. Littler's Labors The Recorder Over the =
past decade, Littler Mendelson has benefited from an explosion of workplace=
laws and, more recently, felt the pain from a dearth of employment litigat=
ion. But now, says Gary Mathiason -- the San Francisco-based firm's de fact=
o visionary -- Littler is gaining the upper hand. As once high-flying law f=
irms struggle to regain their footing, tortoises like Littler that crawled =
through the boom are looking a lot smarter in the bust. Full Text Back o=
n Firm Ground Legal Times Attorney Jason Karp splits his week between Kell=
ey Drye & Warren's office in Virginia and a struggling tech company where h=
e is general counsel. Such creative scheduling marks a curious move in Kell=
ey Drye's effort to build a technology practice when many firms are scaling=
back. The firm is paying GCs from troubled startups full salaries, despite=
their part-time schedules. Full Text [IMAGE] Lawyer Wonders How Sept. =
11 Affected Jurors in Marathon Job-Bias Trial New Jersey Law Journal A n=
early six-month-long employment bias trial has the plaintiff's attorney won=
dering whether the events of Sept. 11 helped stack the deck against his Ira=
nian-born client. "I always had a problem with this case because my client =
was from Iran," says Andrew Dwyer, a Newark, N.J., solo practitioner whose =
client lost her claim alleging bias based on her national origin, color, ge=
nder and age.Full Text Visit the Employment Law Practice Center ADVERTIS=
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