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January 2001, Volume 16
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EMPLOYMENT LAW |
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RACE/NATIONAL ORIGIN
Comparative Qualifications and Statistical Information To Show Pretext Sufficient In Failure To Promote Claim
RACE
Employee Unaware of Racially Derogatory Comments Cannot Claim Hostile Work Environment
SEXUAL HARASSMENT
Sexually Explicit Comments Made By Coworkers To Homosexual Not Actionable Under Title VII
ADEA
Employer Not Required to Dismiss Younger Employees and Shift Responsibilities To Protected Employee
ADA
Whether Store Clerk Who Uses a Cane Is Disabled Is Jury Question
Employee Who Was Demoted After Night of Drinking Can Proceed With “Perceived As” Disabled Claim
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GENERAL TORTS |
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GENERAL TORTS
Pharmacy Owed Duty To Disclose Risk Of Harm To Customer
Little League Associations Not Liable For Attack On Opposing Coach
Decedent’s Children Able To Maintain Claims Against Ex-Wife And Funeral Home For Cremation Against Children’s Wishes
PREMISES LIABILITY
Brown’s Chicken Franchisor Not Liable For Deaths In Restaurant
Nursing Home Prevails Under Open And Obvious Doctrine
One Inch Crack In Sidewalk Was Not De Minimis Defect
PROCEDURE
Prior Criminal Conviction Has Estoppel Effect In Civil Suit
Plaintiff ’s Expert’s Testimony Stricken For Failure To Disclose All Materials Reviewed
Chiropractor’s Evidence Deposition Testimony Admissible Even Though Remote
SETTLEMENT / DAMAGES
Insurance Company’s Duty To Act In Good Faith To Settle Claims Within Policy Limits Exists Even Prior To Lawsuit Being Filed
$6 Million In Punitive Damages Not Excessive Against Intoxicated Driver
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INSURANCE COVERAGE |
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Rental Agency Deemed Not To Be Primary Insurer When Vehicle It Owns Is Involved In Accident
Suit Pending As Of Date Of Policy Inception Is “Known Loss” And Excluded From Coverage
Insured That Settles Suit On Behalf Of Its Contractual Indemnitee Violates “Voluntary Payments” Provision
Damage Resulting From Replacement Of Potentially Defective Plumbing System Not Covered Under CGL Policy
“Auto” Exclusion Upheld To Bar Coverage For School Districts Sued In Bus Accident
Each Incident Of Employment Discrimination Deemed To Be A Separate “Occurrence” Within The Meaning Of CGL Policy
Negligent Spoliation Of Evidence Claim Does Not Constitute “Bodily Injury” Within Meaning Of Employers’ Liability Policy
Actual Notice To Carrier That Results In Breach Of Duty To Defend Gives Rise To Estoppel
Stacking UIM Provisions In Two Separate Policies Allows Double Set Off For Amounts Received From Uninsured Motorist
Refusal To Defend Based On Claimed Cancellation Gives Rise To Section 155 Sanctions
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INTERNATIONAL LAW |
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ENFORCEMENT OF FOREIGN MONEY JUDGMENT
English Judgment Against American Members Of Lloyds Syndicates Enforceable In U.S. Court Under Uniform Foreign Money-Judgments Recognition Act
PRIVILEGE AGAINST SELF INCRIMINATION IN FOREIGN JURISDICTION
American Citizen Could Assert Privilege Against Self-Incrimination In American Civil Suit Where Citizen Was Subject To Prosecution In Venezuelan Criminal Proceeding
OBJECTIONS TO PERSONAL JURISDICTION
Italian Insurer Did Not Waive Objections To Personal Jurisdiction Through Actions Of Insured
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TOXIC TORTS/ENVIRONMENT |
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INSURANCE COVERAGE
Pollution Exclusion In Policy Precludes Coverage For Spill Of Dry Cleaning Chemicals
SETTLEMENT AGREEMENT
Specific Performance Is Appropriate Remedy For Breach Of Agreement
RESEARCH NATURAL AREAS
Challenge To Designation Must Be Brought Pursuant To Quiet Title Act
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
IEPA Has No Authority To Modify Emission Limitations In Previously Issued Permit
ENVIRONMENTAL PROTECTION ACT
“Operator” Status Determined By Specific Facts Of Case As A Whole
Non-Owner/Offsite Generators May Be Liable For Open Dumping In Violation Of The Illinois Environmental Protection Act
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PRODUCT LAW |
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TRADE ASSOCATION LIABILITY
Swimming Pool Trade Association Owes Consumers Duty Of Care When Undertaking Task Of Setting Safety Standards
EXPERT WITNESSES
Plaintiff Violated Illinois’ Mandatory Disclosure Requirements By Failing To Disclose That Expert Conducted Experiments
FEDERAL PRE-EMPTION
Plaintiff ’s Lawsuit Against Manufacturer Of Child Vehicle Safety "Booster" Seat Not Pre-Empted By The Federal National Traffic And Motor Vehicle Safety Act
EVIDENCE
Expert Witness’ Videotapes Were "Cumulative" In Nature And Thus Inadmissible
TOBACCO LITIGAITON
Statute of Limitations For “Creeping” Diseases In Product Liability Action Accrues When Plaintiff Is Put On Notice That The Injuries May Have Been Caused By The Product
PRESCRIPTION DRUG LITIGATION
Nebraska Supreme Court Rejects Blanket Immunity For Prescription Drug Manufacturers But Holds That "Unavoidably Unsafe" Is A Valid Affirmative Defense
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BUSINESS LAW |
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CORPORATIONS
California Corporation was Subject to Jurisdiction of Illinois Courts By Engaging in Website Commerce Within Illinois
UNIFORM COMMERCIAL CODE
Failure Of Secured Lender To Sign Security Agreement Did Not Affect Its Priority Position
SHAREHOLDER’S RIGHTS
Shareholders Lack Standing To Bring Class Action Lawsuit Against Corporation Alleging Mismanagement Resulting In Depressed Stock Prices
ARBITRATION
Franchisor Did Not Waive Its Right To Arbitrate By Requesting Change Of Venue And By Failing To Demand Arbitration For More Than Two Years
Failure To Promptly Appeal Court Order Denying Stay Of Arbitration Precludes Right To Challenge Arbitrability Of Dispute
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