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Two weeks after being ousted, Air Force Secretary Michael Wynne said Friday he had a “difference in philosophy” with his boss, Defense Secretary Robert Gates, on numerous issues - not just on the nuclear slip-up that Gates said was his reason for removing Wynne.

9th Circuit Panel Affirms In Part Summary Judgment For Hanford Radiation Injury
SAN FRANCISCO - A unanimous Ninth Circuit U.S. Court of Appeals panel confirmed summary judgment on June 2 for a contractor at the Hanford Nuclear Reservation under the Price-Anderson Act for injuries allegedly caused by exposure to radioactive materials because the plaintiff failed to meet his specific causation burden, but it remanded emotional distress and loss of consortium causes of action arising from exposure to heavy metals (Daniel R. Golden, et uxor v. CH2M Hill Hanford Group Inc., No. 05-35832, 9th Cir.; 2008 U.S. App. LEXIS 12411). Full story on lexis.com

U.S. High Court Takes On Williams Again, But Not Punitives Per Se
WASHINGTON, D.C. - The U.S. Supreme Court agreed June 9 to take a third look at a high-stakes punitive damages case out of Oregon, fewer than 18 months after its Oregon counterpart found alternate grounds for reinstating the award the federal high court had vacated (Philip Morris USA, Inc. v. Mayola Williams, No. 07-1216, U.S. Sup.; See May 2008, Page 4). Full story on lexis.com

Nebraska Supreme Court Reverses $4.7M Verdict Against Insurance Agent
LINCOLN, Neb. - Whether an insurance agent and its president committed a fraudulent transfer of premiums allegedly owed to an insolvent insurer is a question of fact for a jury, not the judge, the Nebraska high court found June 6, reversing and remanding a $4.7 million directed verdict (state of Florida ex rel. Department of Insurance of the state of Florida, receiver for United Southern Assurance Co. v. Countrywide Truck Insurance Agency Inc., et al., No. S-06-1220, Neb. Sup.; 2008 Neb. LEXIS 83). Full story on lexis.com

ERISA Claims Related To Fremont General’s 401(k), ESOP Survive
LOS ANGELES - Participants in Fremont General Corp.’s 401(k) plan and employee stock ownership plan may continue with their Employee Retirement Income Security Act (ERISA) breach of fiduciary duty claims based on investment of the plans’ assets in the mortgage lender’s company stock, a federal judge in California ruled May 29 in denying Fremont’s motion to dismiss the participants’ consolidated complaint (In re Fremont General Corporation Litigation, No. 2:07-cv-02693, C.D. Calif.; See February 2008, Page 11). Full story on lexis.com

Appeal Of Order Seeking Briefing On Attorney-Client Privilege Overruled
CENTRAL ISLIP, NY - An appeal seeking reversal of a magistrate judge’s order requiring parties to provide briefing on whether the attorney-client privilege applies to two memoranda written by a plaintiff in April 2003 was rejected by a federal judge on June 9 because the application of the privilege to the documents was not expressly or impliedly decided in any of the court’s previous discovery orders (Lara Curto v. Medical World Communications Inc., et al., No. 03CV6327, E.D. N.Y.; 2008 U.S. Dist. LEXIS 45313; See May 2007, Page 4). Full story on lexis.com

Texas Appeals Court Vacates $26M Verdict On Evidentiary Weakness
HOUSTON - For the second time in a month, a Texas appeals court has found insufficient scientific basis for evidence supporting claims that Vioxx caused a plaintiff’s heart attack, this time vacating a $26 million wrongful death verdict (Merck & Co., Inc., appellant v. Carol A. Ernst, Appellee, No. 14-06-00835-CV, Texas App., 14th Dist.; Tex. App. LEXIS 3951). Full story on lexis.com

High Court Finds Employer Bears Burden In Disparate Impact Suits
WASHINGTON, D.C. - It is up to the employer, not the employee, to show that “reasonable factors other than age” (RFOA) were used to determine layoffs in a disparate impact suit brought under the Age Discrimination in Employment Act, a split U.S. Supreme Court ruled June 19 (Clifford B. Meacham, et al. v. Knolls Atomic Power Laboratory, et al., No. 06-1505, U.S. Sup.). Full story on lexis.com

Scores of Taliban Killed in Major Clash

Split U.S. Supreme Court Upholds Benefits Calculation Method
WASHINGTON, D.C. - Using age as a factor in determining retirement benefits for public-sector employees in Kentucky does not violate the Age Discrimination in Employment Act (ADEA), a split U.S. Supreme Court ruled today (Kentucky Retirement Systems, et al. v. Equal Employment Opportunity Commission, No. 06-1037, U.S. Sup.). Full story on lexis.com

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