and other developments favoring plaintiffs
could portend more proplaintiff decisions and settlements, as well as an increase in future welding fume lawsuits.
In these cases, plaintiffs
may only win court orders to stop future unlawful employment practices and, possibly, recover their attorneys' fees.
The rules prohibit a plaintiff
from seeking discovery (interrogatories, document request and depositions) before filing the certificate of merit, although a plaintiff
may file a motion requesting such discovery to enable the plaintiffs
expert to provide the appropriate statement.
Proulx,(12) the plaintiff
alleged that an officer used excessive force in fatally Shooting a juvenile during an attempt to arrest the youth.
Until recently, plaintiffs
successfully argued that they did not have to disclose previous settlements with bankrupted parties because the bankruptcy code protects them from being pursued for damages.
One question is whether the plaintiff
recognizes gross income for Federal income tax purposes in the year in which the settlement agreement is signed (a devastating tax result), or in the years in which the payments are actually received.
Justice Cahn stated that even if he would consider that the alleged breach of lease by plaintiff
directly related to its right to recover the tax refund, it is not "unclean hands" that is involved.
contended that such a tolling applied in this case.
Should the plaintiff
succeed, then the employer must produce evidence that the employment action was taken for a "legitimate and nondiscriminatory reason.
A state court judge in Los Angeles today declared two mistrials after a jury failed to return verdicts in cases filed by two plaintiffs
who alleged VIOXX contributed to their heart attacks.
Due to a variety of oddities in the tax system (most notably, the alternative minimum tax (AMT)), there is a dramatic tax difference between a plaintiff
being taxed on a settlement's gross amount, instead of an amount net of recovered attorneys' fees.
Moreover, the company must consider whether the case justifies the risk of having its fate decided by a jury that is almost certain to hold sympathy for the underdog plaintiff