ADA Retaliation Claims
July 30, 2004
The United States Supreme Court has declined to review a Seventh Circuit Court of Appeals ruling that bars plaintiffs alleging retaliation claims under the Americans with Disabilities Act (ADA) from seeking compensatory and punitive damages. <i>Kramer v. Banc of Am. Securities LLC</i>, U.S., No. 03-1451, cert. denied 6/21/04. Earlier this year, the Seventh Circuit was the first federal appellate court to conclude that the ADA does not provide plaintiffs the right to seek such damages in retaliation cases. <i>Kramer v. Banc of Am. Securities LLC</i>, 355 F.3d 961 (N.D. Ill. 2004).
Reasonableness in Bad Faith Cases: A Question for the Jury?
July 30, 2004
As the law of insurer bad faith evolves, the question of whether policyholders are entitled to a jury trial of their claims, or parts of their claims, comes increasingly into focus. In cases where the policyholder alleges bad faith in the manner in which a claim is investigated or handled — so-called "procedural" bad faith — factual issues for the jury often abound. But when an insurer timely and clearly declines coverage following an adequate investigation, should the "reasonableness" of that declination be submitted to a jury? From both a practical and a policy perspective, the answer in most cases should be no.
Insurance Coverage for Silica Claims
July 30, 2004
While continuing to fight the decades-old battle with asbestos, corporate policyholders increasingly are confronting another substance that plaintiffs allege can cause serious injury if inhaled: silica — a common mineral found in sand, granite and concrete, among other materials.
Case Briefs
July 30, 2004
Highlights of the latest insurance cases from around the country.
In the Courts
July 29, 2004
National rulings of interest to you and your practice.
Supreme Court Overrules the Nexus Requirement in 18 USC ' 666
July 29, 2004
Several U.S. appellate courts have expressed discomfort with the breadth of 18 U.S.C. ' 666 ("Theft or bribery concerning programs receiving federal funds") because its literal language makes certain theft and bribery federal crimes even when there is arguably no federal interest. Some circuits construed the statute to require a federal nexus to the wrongdoing, but each circuit that did so adopted a different test. Others refused to limit the statute at all. The Supreme Court last term purported to resolve the circuit split by affirming Congress's power to prohibit the corruption of entities that receive at least $10,000 in federal funds, regardless whether the crime has a federal nexus. <i>United States v. Sabri</i>, 124 S. Ct. 1941 (2004). Sabri rejected the constitutional limits courts had added to the statute, but it did not address the view of some courts that certain words within ' 666 express Congress's intent to limit the statute's reach on grounds of federalism.
Federal Prosecutors Pressuring Companies
July 29, 2004
Encouraged by recent amendments to the Organizational Sentencing Guidelines, federal prosecutors are pressuring target companies to turn on their employees in ways that were unthinkable a few years ago ... Target companies have become active extensions of the government for purposes of coercing their employees into jeopardizing any opportunity they have to mount a successful defense against possible criminal charges.
Securities Fraud and Sentencing Guidelines After Sarbanes-Oxley
July 29, 2004
In the legislative process that led to the adoption of Sarbanes-Oxley (SOX), legislators from both sides of the aisle vied with each other to establish their credentials for being tough on white-collar crime. The maximum penalties for mail fraud and wire fraud were increased from 5 to 20 years. Pub. L. No. 107-204 ' 903. The maximum penalty for willful violations of any provision of the Exchange Act or rule or regulation adopted thereunder the violation of which is unlawful was increased from 10 to 20 years. Pub. L. No. 107-204 ' 903. If this were not enough, a new crime relating to securities fraud in connection with the securities of public companies with a maximum penalty of 25 years was created. Pub. L. No. 107-204 ' 807 This does not exhaust the list, but should be sufficient to suggest that there are more than enough post-SOX criminal laws covering financial fraud to deter rational corporate officers and others to refrain from participating in financial crimes.
