Click on a page icon to download the report in PDF format, or use text links to jump to short report descriptions. To view PDF files you will need a copy of Adobe Acrobat Reader version 3.0 or higher. To download a free copy of Reader click here.

Spring 2008, Volume 43

AGE DISCRIMINATION IN EMPLOYMENT ACT
U.S. Supreme Court Leaves the Door Open for Admission into Evidence of Complaints by Non-Parties of Discriminatory Actions by a Defendant in an ADEA Case

U.S. Supreme Court Holds that, Under the ADEA, Informal Filings that Request Action by the EEOC Are Sufficient to Constitute the “Charge” Required Before Commencing a Lawsuit

RESTRICTIVE COVENANTS
Scope of Noncompete and Nonsolicitation Clauses too Broad to be Valid

UNEMPLOYMENT INSURANCE BENEFITS
Most Recent Employer Deemed “Base-Period Employer” for Purposes of Determining Claimant’s Eligibility for Unemployment Insurance Benefits

TITLE VII AND SECTION 1981
Summary Judgment Denied Where Question Remained Whether African-American Employee Was Denied Promotion to a Store in a Predominantly White Area, Because of Race

BACK TO TOP

RES JUDICATA
Doctrine Of Res Judicata Bars Plaintiff’s Refiling Of Previously Voluntarily Dismissed Claims

RELATION BACK
Amended Medical Malpractice Allegations Relate Back To Original Complaint

JURISDICTION
Defendant Lacked Sufficient Contacts In Illinois For Court To Exercise Jurisdiction

EVIDENCE
Trial Court Did Not Abuse Discretion In Reserving Ruling On Motion In Limine

SETTLEMENT
Trial Court Properly Accepted Settlement

PREMISES LIABILITY
Borrowed Employee Lacks Common Law Right To Recover From Borrowing Employer

BACK TO TOP 

Carrier Relying on Concealment or Fraud Provision to Void Policy Did Not Have to Prove Common Law Fraud Elements

Policy Exclusions Applied to Negate Coverage for Misappropriation Claims

Court Can Look to Third-Party Complaint to Find Duty to Defend

Carrier Does Not Have a Duty to Defend Additional Insured Where Liability is Not Incurred “Solely” Due to the Acts or Omissions of the Named Insured

Unfair Competition, Patent Infringement and Trademark Infringement Claims Do Not Constitute Personal and Advertising Injury

Illinois Public Policy Does Not Prevent the Application of Indiana Law to Enforce an Owned-Vehicle Exclusion

Use of Term “Person” Was Ambiguous and Therefore Claims Brought By Corporation Were Covered

BACK TO TOP

ENFORCEMENT OF JUDGMENTS
State Courts Recognized German Judgment Over Maine Domiciliary

PERSONAL JURISDICTION
Suit by U.S. Citizen residing in New Mexico and Japan Dismissed for Lack of Jurisdiction Over Japanese Individuals, Corporations, and Government Ministries

New Jersey Court Asserted Personal Jurisdiction Over British Manufacturer Because it Coordinated U.S. Sales Through its Independent, Exclusive Distributor Under the Stream of Commerce Plus Test

FORUM NON CONVENIENS
German Armed Forces Members Whose Radar Radiation Was Not Connected to Presence on U.S. Soil Were Severed and Dismissed

BACK TO TOP

PHARMACEUTICALS AND MEDICAL DEVICES
Learned-Intermediary Doctrine Bars Plaintiff’s Failure To Warn and Strict Products Liability Claims Against Pharmaceutical Manufacturer

United States Supreme Court Examines Requirements For Medical Device Approval In Products Liability Action

Eight Circuit Court Of Appeals Reverses Certification Of Class Consisting Of Plaintiffs Who Were Implanted With Recalled Prosthetic Heart Valve

AUTOMOBILE AND AIRCRAFT PRODUCTS LIABILITY ACTIONS
Evidence Of Previous Incidents Will Only Be Admissible As Evidence If Plaintiff Meets Burden To Demonstrate Substantial Similarity Between Previous Incidents And Incident At Issue

Ninth Circuit Finds That Statute Of Repose Bars Products Liability Action Against Airplane Manufacturer Following Crash In Bosnia

ECONOMIC LOSS DOCTRINE
Fifth Circuit Court Of Appeals Finds Economic Loss Doctrine Precludes Recovery To Helicopter Owner Following Incident Causing Damage Only To Helicopter

BACK TO TOP

CONTRACT LAW
Oral Contract To Sell Business Enforceable In Light of Parties Conduct

CONSUMER LAW
Pennsylvania Resident Lacks Standing to Bring Action In Illinois Against Illinois Insurer for Violations Of Illinois Consumer Fraud and Deceptive Business Practices Act Because Circumstances Of Disputed Transaction Do Not Occur Primarily and Substantially In Illinois

CONSTRUCTION LAW
Home Repair And Remodeling Act Not Applicable To Subcontractors

COMMERCIAL LAW
Contractor was not likely to succeed on claim that bidding information
project manager copied qualified as a trade secret

Representative did not forfeit commissions on sales to distributor despite its failure to provide services to manufacturer.

Manufacturer’s implicit representation that its chip was the best and fastest was not a deceptive business practice under the Consumer Fraud and Deceptive Business Practices Act.

BACK TO TOP