6th Circuit Court_1_ by malj

VIEWS: 31 PAGES: 4

									 Cases of Interest decided by various courts during the week of
                        August 13, 2000

August 15, 2000


3rd Circuit Court of Appeals
ERISA

HARRY BELLAS v. CBS, INC.; WESTINGHOUSE PENSION PLAN, Appellants.
Plant Shutdown benefits may be considered as vested benefits in an ERISA context and
the employer may not be able to modify the ERISA Plan to eliminate those benefits.

http://pacer.ca3.uscourts.gov/recentop/day/993775.txt

UCC - COMMERCIAL PAPER

THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA; THE
GUARDIAN INSURANCE & ANNUITY COMPANY, INC. v. MARK WEISMAN;
CHEMICAL BANK OF DELAWARE; MIDLANTIC NATIONAL BANK;
CORESTATES BANK OF DELAWARE, N.A.; MERCHANTS BANK, N.A.; ABC
BANK; JOHN DOES 1-10. Drawee Bank is not liable under UCC 3-406 for failure to
determine whether illegible endorsement was endorsement of payee.

http://pacer.ca3.uscourts.gov/recentop/day/995397.txt


USDC WD Michigan
INTELLECTUAL PROPERTY - TRADE DRESS PROTECTION

WILLIE W. GRAY; GREGORY C. GRAY; GLENDA C. GRAY; WILMER J.
GRAY; ANOTHER IMAGE MANAGEMENT, INC. dba The Popcorn Shoppe;
and TPS PACKAGING, INC. aka Popcorn Company, Inc., Plaintiffs, v. MEIJER,
INC., Defendant, In another example for the need to have up front confidentiality
agreements, the District Court holds that infringement of trade dress alone is not
sufficient to maintain a Lanham Act complaint unless secondary meaning can be
established.

http://www.michbar.org/opinions/home.html?/opinions/district/2000/071300/7850.html



Illinois Appellate Court
CORPORATER SHAREHOLDER SALES TAX LIABILITY
ESTATE OF WAYNE YOUNG; CANDACE YOUNG, Executor of the Estate of
Wayne Young; AND ALAN YOUNG, Plaintiffs-Appellants v. THE DEPARTMENT
OF REVENUE, AND KENNETH E. ZEHNDER, DIRECTOR, Defendants-
Appellees. Individual shareholders of a corporation can have individual liability for
payment of retailers' occupational tax (sales tax) where they were aware of financial
discrepencies and failed to take steps to assure payments were made.

http://www.state.il.us/court/2000/1992782.htm


Missouri Appellate Court

CORPORATE OFFICER DUTY TO COMPANY

Thomas Zakibe, Plaintiff/Appellant/Cross-Respondent v. Ahrens & Mccarron, Inc.,
Defendant/Respondent/Cross-Appellant. v. Barbara Zakibe, Third-Party
Defendant/Cross-Respondent, and Robert Noble, Third-Party Defendant. Corporate
officer's breach of fiduciary duty to corporation is defense for corporation in not paying
compensation/benefits to terminated officer.

http://www.osca.state.mo.us/courts/pubopinions.nsf/ccd96539c3fb13ce8625661f004bc7d
a/ce138eae04ef871b8625693b004b602f?OpenDocument


August 16, 2000

DC CIRCUIT

Communications Law
United States Telecom Association, et al., Petitioners v. Federal Communications
Commission and United States of America Respondents. FCC requirements that
cellular service providers make technology available to law enforcement to intercept
cellular telephone calls are OK for "packet mode" services but are not appropriate for
custom mode services.

http://pacer.cadc.uscourts.gov/common/opinions/200008/99-1442a.txt



1st Circuit Court of Appeals
Common Carrier - Merchandise Loss
CAMAR CORPORATION, Plaintiff, Appellant, v. PRESTON TRUCKING
COMPANY, INC., Defendant, Appellee. .Shipper of goods was limited to tariff value
of merchandise lost by common carrier trucker. Shipper claimed loss of $383,000.
Liability limited to $215.

http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=99-1007.01A


7th Circuit Court of Appeals
EMPLOYMENT - ADA/Title VII

Cheryl K. McPhaul, Plaintiff-Appellant, v. Board of Commissioners of Madison
County,
Indiana, Arleen Horine, in her official and individual capacity, and Madison County
Board of Health, Defendants-Appellees. Employee cannot maintain ADA claim where
there is no medical evidence that employee's condition qualifies as a disability and that
the accommodation she proposes would reasonably allow her to do her job. Similarly,
merely calling a person a racial slur is insufficient to establish a hostile work
environment.

http://www.ca7.uscourts.gov/fox/foxweb.exe/Op3?submit1=showop&caseno=99-1092


US District Court, ND Iowa

Employment - Iowa Civil Rights Act

JOSEPH MEYER, Plaintiff, vs. IOWA MOLD TOOLING CO., INC., CHARLIE
CONROY, RICK HORN, RHONDA PINNEKE, and JOHN SALMON,
Defendants. Iowa Civil Rights Act pre-empts intentional infliction of emotional distress
claims in a disability discrimination setting. Plaintiff's failing to file suit timely bars the
action.

http://www.iand.uscourts.gov/iand/decisions.nsf/d5fdbf722ff6175b8625660900715286/4a03b06b46627d73
8625693c004c6123?OpenDocument



11th Circuit Court
EMPLOYMENT - Disparate Impact tests

EEOC, Plaintiff-Appellee v. JOE'S STONE CRAB, INC., Defendant-Appellant.
Reputation for discriminating against women in hiring is not sufficient to allow trial court
to find employer discriminated in hiring. In this case, restaurant had history of not hiring
women. EEOC brought a disparate impact action that the district court upheld. In this 57
page opinion, the court sets forth what it considers to be appropriate ways to view such
facts for liability purposes.
((CASE ATTACHED TO E-MAIL))

MICHIGAN APPELLATE COURT
EMPLOYMENT - MICHIGAN HANDICAPPERS CIVIL RIGHTS ACT

PAUL BURKE, Plaintiff-Appellant, v E & L TRANSPORT, INC., Defendant-
Appellee. Fact that Plaintiff was too tall to drive employer's trucks does not constitute a
handicap which would allow a claim under HCRA.

http://www.michbar.org/opinions/home.html?/opinions/appeals/2000/080800/7831.html

JAMES HINDELANG, Plaintiff-Appellant/Cross-Appellee, v BAY MEDICAL
CENTER, Defendant-Appellee/Cross-Appellant.

Reasonable Accommodation does not require employer to allow employee to park in
handicapped parking spots designated for customers.

http://www.michbar.org/opinions/home.html?/opinions/appeals/2000/081100/7865.html

PRODUCTS LIABILITY

ARTHUR LYNN FISCHER and MARCIA ANN FISCHER, Plaintiffs-Appellants,
v PRODUCTION TOOL SUPPLY COMPANY, Defendant/Cross-Plaintiff-
Appellee, and PYRAMID PLASTICS, INC., d/b/a TOLBERT DIVISION,
Defendant/Cross-Defendant-Appellee. Plaintiff could not maintain "Failure to Warn"
claim where plaintiff admitted he did not read the warning label before using the product.

http://www.michbar.org/opinions/home.html?/opinions/appeals/2000/081100/7854.html

								
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