News
[12/04] NJ woman sues Pa. sports bar for toilet seat break
[11/20] Dog hits controls, drives van into coffee house
[11/18] Maine man sheds 140 pounds to join the Marines
[11/12] W.Va. man beats health insurer in court over $40
[12/04] Measles deaths drop worldwide, report estimates
[12/03] Study raps Web sites touting stem cell therapies
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Articles
Paternity
Paternity refers to the legal determination of who is the biological father of a child. While the identity of a child's biological mother is usually known, the father's identity may not always be as certain. Paternity issues often arise in cases involving child support, but they can also be important in relation to adoption, inheritance, custody and visitation, health care and other issues.
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Think About the Children: Practical Issues for Divorcing Parents
For most divorcing couples, the children are their first priority. Much is written about the psychological effect that divorce can have on kids and with good reason. Many children are very confused during a divorce and can often blame themselves for what is happening. Without the proper support system, children can be deeply affected by divorce. This should come as no surprise considering that divorcees themselves often feel traumatized by the event.
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What is Divorce Mediation, And How is it Different From Arbitration?
Mediation is negotiations between disputing parties with the assistance of a trained third-party neutral. Each party (in the case of divorce, husband and wife) is able to voice his or her viewpoints, wishes, demands and options to the other without the aid of an attorney. Some of the issues that may be determined are asset ownership, spousal support, custody and visitation. The role of the mediator is to facilitate a neutral environment for each party to express themselves and help the parties reach a legally sound settlement that is acceptable to both husband and wife. Mediation may also be beneficial to the parties involved because it is more cost efficient and is (ideally) less hostile then litigation.
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The Effects of Divorce
Divorce can be a traumatizing event. It can affect your mental health, your family relationships, and your productivity at work. What will be discussed here, however, are the legal effects of a divorce. What results from a divorce? One of the most obvious results is that the marriage is terminated. What are the other effects?
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Case Summaries
[12/04] Carlson v. Roetzel & Andress
In a 42 U.S.C. section 1983 action arising after plaintiff was ordered to repay workers compensation benefits previously granted by a state agency, summary judgment for defendants is affirmed where none of the defendants in the case were, as a matter of law, state actors under section 1983 since they only invoked state authority and never exercised state power over plaintiff or conspired with state officials.
[11/21] Lewis v. Workers' Comp. Appeals Bd.
In a worker's compensation issue concerning whether the 2005 Permanent Disability Rating Schedule (2005 Schedule) or the previous 1997 Permanent Disability Rating Schedule (1997 Schedule) applied to the determination of plaintiff-employee's permanent disability, decision by defendant-appeals board finding that the 2005 Schedule applied is annulled and the matter is remanded where: 1) in accordance with legal precedence, an injured worker's condition need not be permanent and stationary for the section 4660(d) comprehensive medical-legal report or treating physician's report to indicate the existence of permanent disability; and 2) if the existence of a permanent disability was indicated in the doctor's treating physician's report of December 17, 2004, in light of the entire record, then the 1997 Schedule applied.
[11/12] Pratt v. Union Pac. R.R. Co.
In a suit against defendant-employer brought under the Federal Employers' Liability Act and the Locomotive Inspection Act for personal injuries suffered at work, a court order prohibiting defendant-railroad company from compelling plaintiff-employee to attend a medical examination or conducting a disciplinary hearing to terminate plaintiff's employment for refusing to provide it with medical evidence justifying his continued absence from work is affirmed where: 1) the trial court had jurisdiction to prohibit extra-judicial discovery because the civil rules of discovery provide independent authority to grant a protective order for misuse of the discovery process; and 2) the trial court did not abuse its discretion by awarding monetary sanctions where the sanctions served not to punish but rather to encourage voluntary compliance with the discovery procedures.
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[12/04] Carlson v. Roetzel & Andress
In a 42 U.S.C. section 1983 action arising after plaintiff was ordered to repay workers compensation benefits previously granted by a state agency, summary judgment for defendants is affirmed where none of the defendants in the case were, as a matter of law, state actors under section 1983 since they only invoked state authority and never exercised state power over plaintiff or conspired with state officials.
[12/04] Jackson v. United Parcel Serv., Inc.
In an action against defendant-UPS alleging race and gender discrimination and retaliation in violation of Title VII, summary judgment for UPS is affirmed where: 1) plaintiff failed to establish a prima facie case of race or gender discrimination because UPS's initial disqualification decision did not constitute an adverse employment action; 2) plaintiff failed to establish a causal connection between plaintiff's EEOC charges and UPS's disqualification decision; and thus 3) she failed to establish a prima facie case of retaliation.
[12/04] King v. City of Madison
In a suit alleging failure to accommodate in violation of the Americans with Disabilities Act and the Rehabilitation Act, summary judgment for defendant is affirmed where defendant's nondiscriminatory application of its disability layoff policy, after considering plaintiff for other vacant positions, was a reasonable accommodation.
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