Courthouse News Service
Courthouse News Service

Courthouse News Service
Tuesday, February 26, 2008Last Update: 3:28:28 PM

Supreme Court Roundup

     WASHINGTON (CN) - The Supreme Court ruled on Wednesday that 401(k) participants can sue their pension plans for stock market losses, but barred the survivors of man who died, allegedly from a defective Medtronic heart stent, from suing Medtronic, because the stent was federally approved. Click headline for links to the Supreme Court rulings released Wednesday.
     The Supreme Court voted 8-1 in Riegel v Medtronic to make it more difficult for consumers to sue manufacturers of federally approved medical devices.
     It ruled in LaRue v DeWolff that individual participants in 401(k) plans can sue to recover losses under a pension protection law. Jake LaRue claimed administrators of his plan cost him $150,000 by refusing to follow his instructions to switch to safer investments.
     It ruled in Danforth v Minnesota that a convicted child abuser gets a new trial because the state did not allow Danforth to confront his accuser, in accord with a Supreme Court ruling that came after Danforth was convicted.
     It unanimously invalidated part of a Maine law that bars Internet tobacco sales to minors, as the issue is controlled by federal transportation law. See Rowe v New Hampshire Motor Transport Association.
     It ruled that in Preston v Ferrer that the star of the TV show "Judge Alex" - former Florida Circuit Court Judge Alex Ferrer - must submit to arbitration of a fee dispute with an attorney who claims 12 percent of Ferrer's earnings. Ferrer claimed the lawyer, Arnold Preston, is not a licensed talent agent, as California law requires.

U.S. High Court Rejects Katrina Victims' Appeal


     WASHINGTON (CN) - The U.S. Supreme Court refused to review a 5th Circuit ruling that the homeowners' insurance policies of Hurricane Katrina victims did not cover flood damages caused by levee breaches. 
     The high court turned down the appeal of Xavier University and 68 other individuals and businesses who claimed that their hazard insurance policies should have covered damage from flooding caused by the failure of man-made levees. 
     A three-judge panel ruled on Aug. 6 of last year that homeowners' policies do not cover flood damage, even from levee failure, and that flooding had caused the "total loss" of their property. See Feb. 19 order list.