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 November 20, 2001 	 	


[IMAGE]   Compensatory Damages Not Prerequisite to Punitive Damages, 2nd Circuit Rules  New York Law Journal Compensatory damages aren't a prerequisite 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 in punitive damages on a woman's claim of sexual harassment stemming from a hostile work environment.   Full Text    Bristol-Myers Inflated Cancer Drugs' Prices, Teamsters Fund Charges  The Legal Intelligencer Bristol-Myers Squibb 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 drug. 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 published "average wholesale price" when paying for certain drugs. Full Text    Georgia Judge Denies Lethal Injection Hearing  Fulton County Daily Report The first Georgia jurist to declare electrocution unconstitutional refused 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 said 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 court didn't have the power to decide a complicated legal malpractice case based solely on the written briefs. While the panel criticized the trend toward placing complex matters before trial judges for a ruling without trial, some litigators consider the ruling a setback for efficient litigation.  Full Text    Texas Court Does About-Face on Class Certification Appeal  Texas Lawyer The Texas Supreme Court's flip-flop regarding whether it has jurisdiction 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 Buyout Offer  The Recorder In a last-ditch effort to avoid layoffs, San Francisco-based Brobeck, Phleger & Harrison is offering to pay underperforming associates in its business and technology group as much as five months' salary 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 ONE FREE Week of the Delphion Premier package. Register now!  When it comes to doing patent research, the best place to begin is at Delphion. With all of the IP information you need-all in one place-it's never been easier to save time, money and effort. The Delphion Premier package offers the Delphion Integrated View, Cross-Collection Searching (including INPADOC), Saved Searches, Alerts and more.  Click here .   A Scramble for Cover in Indian Case  Legal Times Some 39 lawyers and officials from the departments of Interior, 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 less to do with the fund than with what plaintiffs say is a long history of obfuscation, delay and outright lying by the government in the litigation itself. Full Text    [IMAGE]  2001 Summer Associates Survey  L Online Last year's L/The American Lawyer Summer Associates Survey found a nationwide phenomenon 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: This 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 looking back. Find out what else they said. Full Text    ADVERTISEMENT  Encrypt Your E-mail with Genidocs?!  As more confidential documents are sent using e-mail, the risks to confidentiality resulting from  random content scanning increase.  Omtool's Genidocs? lets you use your email system to  encrypt 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 should.  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 litigation. But now, says Gary Mathiason -- the San Francisco-based firm's de facto visionary -- Littler is gaining the upper hand. As once high-flying law firms struggle to regain their footing, tortoises like Littler that crawled through the boom are looking a lot smarter in the bust. Full Text    Back on Firm Ground  Legal Times Attorney Jason Karp splits his week between Kelley Drye & Warren's office in Virginia and a struggling tech company where he is general counsel. Such creative scheduling marks a curious move in Kelley 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 nearly six-month-long employment bias trial has the plaintiff's attorney wondering whether the events of Sept. 11 helped stack the deck against his Iranian-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, gender and age.Full Text Visit the Employment Law Practice Center    ADVERTISEMENT  RealLegal E-Brief?  RealLegal Application Solutions RealLegal E-Brief? can be utilized for any size brief -- large or small.  A RealLegal E-Brief is an electronic version of a paper brief in which all of the documents that constitute a traditional brief are digitally stored and hyperlinked.  RealLegal can put your best case forward and streamline your argument on a single CD-ROM for presentation to the court.   Click here  to download a FREE sample from RealLegal.    To unsubscribe from the Legal Newswire, click here   Questions? Comments? Complaints? Send us e-mail    By using law.com's Legal Newswire, you are agreeing to abide by our Terms of Service.   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