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Friday, February 21, 2003

New caselaw
Bernard Hibbitts at 2:08 PM ET

[JURIST] Rustenhaven v. American Airlines [PDF opinion] (February 21, US 8th Circuit Court of Appeals [official website]). "In action arising out of the crash of American Airlines Flight 1420, award of $2 million for loss of consortium was not supported by the evidence and should be remitted to $500,000; award of $4.24 million in non-economic damages to plaintiff was excessive and should be remitted to $3.24 million.".... Alicea-Hernandez v. The Catholic Bishop of Chicago [PDF opinion] (February 21, US 7th Circuit Court of Appeals [official website]). The Court held that the Plaintiff-Appellant, an Hispanic female, served a "ministerial function" for the Church in her role as a press secretary for the Archdiocese of Chicago and that therefore her Title VII claims of discrimination by the Church based on her gender and national origin are barred by the First Amendment. "To rule otherwise would enmesh the court in endless inquiries as to whether each discriminatory act was based in Church doctrine or simply secular animus." On the "ministerial exception" generally, see Shawna Meyer Eickenberry, Thou Shalt Not Sue the Church: Denying Court Access to Ministerial Employees [PDF text], 74 Indiana Law Journal 269(1998).... Shaev v. Saper [PDF opinion] (February 21, US 3rd Circuit Court of Appeals [official website]). "This case presents important questions pertaining to corporate governance and responsibility. They involve the application and alleged violations of Securities Exchange and Treasury Regulations with respect to shareholder proxy statements soliciting shareholder approval of executive incentive compensation plans."....






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