O'Connor & Thomas, P.C.
Attorneys at Law
News & Cases

News

Top Headlines Personal Injury Litigation

Top Headlines

[05/09] Convicted NYC lawyer sentenced to 25-to-life for murder
[05/09] Microsoft appeals $1.4B EU antitrust fine
[05/09] Jury selection begins in R. Kelly child pornography case
[05/09] Conn. man says police broke into home, ripped out catheter
[05/09] Pastors encouraged to violate IRS ban on partisan politics

More...


Personal Injury

[05/09] Drugs, teens, pot are dangerous mix
[05/09] 77 more hepatitis cases may trace to clinic, officials say
[05/09] Tornado knocks vehicles around in N. Carolina, kills 1
[05/09] Plame seeks to resurrect lawsuit in CIA leak case
[05/08] Minn. gov signs bill to pay bridge collapse victims
[05/08] Possible tornadoes leave damage in parts of Oklahoma
[05/07] Truck, school bus crash in Ohio, about 4 children injured

More...


Litigation

[05/09] ArcelorMittal sues Esmark over aborted steel mill sale
[05/09] Government asks court to block wider testing for mad cow
[05/08] Oil companies agree to settle MTBE contamination lawsuits
[05/08] Dan Rather files amended lawsuit against CBS over his firing
[05/07] Mich. high court says gay partners can't get health benefits
[05/07] More than $11.5M awarded to Florida residents in citrus case
[05/07] Harry Potter author J.K. Rowling wins privacy case appeal

More...

Case Summaries

Workers' Comp Wills & Trusts Family Law

Workers' Comp

[05/06] Steed v. Astrue
Denial of social security disability and supplemental security income benefits is affirmed where: 1) substantial evidence supported a finding that claimant retained the capacity to perform light work and suffered only mild degenerative changes to her back; and 2) the ALJ did not err in its evaluation of medical evidence or in discounting claimant's credibility.

[04/30] Antelope Valley Press v. Poizner
In a case considering whether, for purposes of worker's compensation insurance, persons who made deliveries of newspapers for a newspaper publisher were independent contractors or employees, the court of appeals finds that the specific facts of this case and relevant case law supported a conclusion that the carriers were employees, and not independent contractors.

[04/29] Ramirez v. Murdick
In an action wherein plaintiff filed a Huffman claim seeking liquidated damages, attorney's fees and costs for the late payment of worker's compensation benefits, summary judgment for defendants is affirmed where: 1) the Superior Court did not err in its interpretation and application of Workers' Compensation Act, 19 Del. C. sections 2357 and 2362(c); and 2) although the Superior Court erred in converting employer's motion to dismiss into a motion for summary judgment without notice, the error was harmless.

More...


Wills & Trusts

[06/30] MICHAEL J. v. THE SUPERIOR COURT OF ORANGE COUNTY (ROGERS)
The conservator of the person and the estate of a mentally disabled person who is unable to communicate her wishes does not have the power to initiate and prosecute a petition for the dissolution of her marriage.

[03/12] E. ARMATA, INC. v. KOREA COMMERCIAL BANK OF NEW YORK
Under the Perishable Agricultural Commodities Act (PACA), a bank is not liable to the beneficiaries of a PACA trust for receipt of funds in breach of the trust where, having extended revolving overdraft privileges to a produce dealer covered by PACA, the bank routinely applied deposited PACA funds to reduce the negative balance in the produce dealer's overdrawn account.

[03/12] E. ARMATA, INC. v. KOREA COMMERCIAL BANK OF NEW YORK
Under the Perishable Agricultural Commodities Act (PACA), a bank is not liable to the beneficiaries of a PACA trust for receipt of funds in breach of the trust where, having extended revolving overdraft privileges to a produce dealer covered by PACA, the bank routinely applied deposited PACA funds to reduce the negative balance in the produce dealer's overdrawn account. (Amended opinion)

More...


Family Law

[05/09] Baran v. Beaty
In a case involving a mother who removed her minor son from Australia, denial of father's petition for return of the minor pursuant to the Hague Convention on the Civil Aspects of International Child Abduction and the International Child Abduction Remedies Act of 1988 is affirmed where: 1) based on evidence of the father's propensity for violence, the district court did not err in concluding that returning the minor to Australia would expose him to a grave risk of psychological harm; and 2) because the court was not presented with any proposed undertakings that could ameliorate the risk of harm to the child under the circumstances presented, the court did not abuse its discretion in denying the petition for return.

[05/06] In re Domestic Partnership of Ellis and Arriaga
Under the California Domestic Partner Rights and Responsibilities Act of 2003 and consistent with the rationale in Koebke v. Bernardo Heights Country Club, 36 Cal.4th 824 (2005), a person's reasonable, good faith belief that his or her domestic partnership was validly registered with the California Secretary of State entitles that person to the rights and responsibilities of a registered domestic partner, even if the registration never took place.

[05/01] In re Lesly G.
Denial of a petition for modification, as well as a juvenile court order terminating parental rights under Welf. and Inst. Code section 366.26, are reversed and remanded where the juvenile court failed to hold the required hearing on petitioner's section 388 petition for modification before proceeding to a section 366.26 hearing.

More...


NOTICE TO THE PUBLIC

The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. This disclosure is required by rule of the Supreme Court of Iowa. Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice does not mean that a lawyer is a specialist or expert in a field of law, nor does it mean that such lawyer is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of the Supreme Court of Iowa.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Copyright © 2008 by O'Connor & Thomas, P.C. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.

Home
History of the Firm
Practice Areas
News & Cases
Community Involvement
Attorneys
Web Resources
Contact Us