Undoing done deals; outsiders object to settlements in asbestos, derivative suits
Article Abstract:
The US Supreme Court's 1998-99 term has two cases testing settlements in large suits. Ortiz v. Fibreboard tests a proposed $1.5bil settlement of asbestos claims. Fibreboard Corp, two of its insurers and a team of plaintiffs lawyers made the no-opt-out deal. The second case, California Public Employees Retirement System v. Felzen, tests whether unhappy shareholders who were not parties to a derivative suit can challenge a settlement making payouts only to lawyers.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1998
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Privacy rights pulled over; cops get more power to search personal effects in vehicles
Article Abstract:
The Supreme Court has increased the power of police officers intending to find illegal drugs to stop cars and search the personal effects of drivers and their passengers.The most recent victory came in the 1999 case of United States v. Di Re, when the court gave police officers stopping a motorist for a traffic violation and seeing evidence of drugs the power to search everything in the car, including the private effects of a presumably innocent passenger.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1999
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Putting the brakes on junk analysis; a tire case pumps up judicial power over opinion testimony
Article Abstract:
The US Supreme Court ruled in Kumho Tire Co. v. Carmichael that trial judges must block expert evidence in court unless its conclusions are based on scientific principles and some generally accepted test of reliability. Years of practical experience supporting a hunch will not suffice. Since the ruling interpreted the Federal Rules of Evidence, Kumho applies in federal courts, but many state courts closely follow or are influenced by federal court rules.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1999
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