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January 2002, Volume 19
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EMPLOYMENT LAW |
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ADA
U.S. Supreme Court Holds ADA Requires Claimant To Show An Impairment That Limited Activities That Are Of A Central Importance To Most People's Daily Lives
ADA Does Not Require Employer To Fill Full Time Job With An Injured Laborer Incapable Of Working Full Time
Liver Function Not a Major Life Activity
RIGHT TO SUE - NOTICE
Actual Notice Rule Does Not Apply Because of Claimant's Failure to Check Her Mail
RELIGIOUS DISCRIMINATION
Employer May Limit Religious Practice If It Impinges On Legitimate Business Interests
RACIAL DISCRIMINATION
Summary Judgment Denied Where Terminated Black Cashier Showed That Two Non-Black Employees Were Not Suspended Or Terminated
FMLA
Employee Suffering From Depression Failed To Satisfy Notice Provision of FMLAWhen She Called in "Sick"
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GENERAL TORTS |
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PREMISES LIABILITY
No Duty To Protect Where Guest Knew Of Dangerous Condition
DUTY
No Duty Where General Contractor/Owner Does Not Control Incidentals
No Duty To Insulate Power Lines Where People Are Unlikely To Come In Contact With Them
NEGLIGENCE
Negligence Of Other Driver Cause Of Injury
STATUTE OF LIMITATIONS
Discovery Of Injury Started Statute Of Limitations Running in Medical Malpractice Case
TENDER YEARS DOCTRINE
5 Year Old Child Not Capable Of Negligence
CONTRIBUTION AND ASSIGNMENT
Assignment Of Contribution Claim As Part Of Settlement Found Proper
DEFAMATION
Directed Verdict Improper Where Evidence Is Disputed
Threat Of Workplace Violence Insufficient For Defamation Claim
EXPERT TESTIMONY
Improper To Bar Expert Opinion Where Frye Test Was Satisfied
EVIDENCE
Siblings' Medical Records Discoverable In Narrow Circumstances
FLORIDA SUPREME COURT
Burden Shifted To Defendant In Slip And Fall Cases
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INSURANCE COVERAGE |
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Illinois Supreme Court Rules That Insurance Carrier's Duty To Settle Third Party Claim Potentially Arises Before Suit Is Filed Against Insured
Two and One-Half Year Delay in Tender by Additional Insured Violates CGL Policy Notice Provision,Negating Any Potential Duty to Defend
No Prejudice Requirement for Carrier Asserting Late Notice Defense on Claims Made On Professional Liability Policy
Equitable Contribution Allowed Between Carriers With Common Additional Insured
Apportionment of Carrier's Duty to Defend Covered and Non-Covered Claims Against Insured in Arbitration Proceeding Permitted
Horizontal Exhaustion of Primary Policies Required Before Excess Policies Attach inEnvironmental Pollution Case
Allegations Of Theft Of Product Design Did Not Sufficiently Allege "Advertising Injury"
Federal RICO Forfeiture Action Not A "Claim" Or "Suit" Within D&O Policy Issued To Municipality
Named Insured's Merger With Another Corporation Transfers Ownership Of CGL Policies To Surviving Corporate Entity
Trucker's Policy That Did Not Include Uninsured Motorist Coverage Reformed To Include It At The Maximum Liability Limit
Amounts Paid To Spouse In Loss Of Consortium Claim Against Motorist Counted In Offset Applied To Subsequent Underinsured Motorist Claim
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INTERNATIONAL LAW |
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PERSONAL JURISDICTION
Federal District Court In Texas Lacked Personal Jurisdiction Over Swiss Bank
Acts Of Italian Manufacturer's Agent In New York Sufficient To Subject Italian Manufacturer To Personal Jurisdiction Under New York's Long Arm Jurisdiction Statute
ARBITRATION
Parent Company Could Not Be Compelled To Arbitrate Claims Based On Arbitration Clause In Agreement Signed By Subsidiary
FOREIGN SOVEREIGN IMMUNITIES ACT
Act Of State Doctrine Barred Consideration Of Lawfulness Of Venezuelan Government's Intervention, Even Where Confiscation Of Stock In U.S. Company Was At Issue
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TOXIC TORTS/ENVIRONMENT |
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ILLINOIS POLLUTION CONTROL BOARD
Denial Of Financial Assurances From Landfill Operator Was Contestable
COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILTY ACT
Federal Court Had Jurisdiction Over Citizens' Claim For Relief Under CERCLA
CLEAN WATER ACT
Rative American Tribe as "State" Had Authority To Establish Water Quality Standards For Body Of Water Within Its Reservation
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PRODUCT LAW |
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MANUFACTURING DEFECT
Circumstantial Evidence Sufficient To Infer Manufacturing Defect In UL-Listed Electric Fan
STATUTE OF REPOSE
No Post-Sale Duty to Warn Consumer That Watercraft was Dangerously Defective
Statute Of Repose Bars Homeowner's Action Against Builder, Manufacturer And Installer of Synthetic Stucco
DESIGN DEFECT
Court Properly Excluded Manufacturer's Statistical Evidence And Allowed Plaintiffs To Present Testimony Of Similar Occurrences
Alteration And Poor Maintenance Relieves Manufacturer Of Liability In Brake Failure
MISUSE AS AN AFFIRMATIVE DEFENSE
Worker's Misuse Of Machine Was Reasonably Foreseeable ToManufacturer, Precluding Reliance On Misuse of Product Defense.
TOBACCO LITIGATION
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BUSINESS LAW |
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MECHANICS LIENS
Attorney's And Expert Witness Fees Awarded In Mechanics Lien Foreclosure
CONSTRUCTION CONTRACTS
Action Arising From Defendant's Supervision Or Management Of Construction Project Is Governed By Four–Year Statute Of Limitations
Illinois Legislature Amends Section 3 Of Public Construction Bond Act
SECURITIES REGULATION
On-Line Investment Game Subject To Securities Regulation
RESTRICTIVE COVENANTS
Restrictive Covenant Found Enforceable
WAGE PAYMENT AND COLLECTION ACT
Wage Payment Act Does Not ApplyTo Out-Of-State Employers
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NURSING HOME LAW
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NEW LEGISLATION
Florida Bill Focuses on Patient Care and Limiting Punitive Damages
PRIVACY RIGHTS
Employee Personnel Records Are Discoverable in Florida
Resident's Daughter Seeks Injunction Against Nursing Home to Obtain Mother's Records
Medicaid Fraud Control Unit Has Right To Review Non-Medicaid Patient Record at Medicaid Facility
WHISTLEBLOWER
Appellate Court Reverses $130,000 Whistle Blower Award
DUTY
Nursing Homes That Fail to Adequately Maintain Air Conditioning Systems Are Vulnerable to Lawsuits
Heath Care Provider Not Liable For Inappropriate Placement of Resident
INTENTIONAL TORTS
Physician and Nursing Home Not Guilty In Battery and False Imprisonment Case For Injecting Out-of-Control Resident With Tranquilizer
Nursing Home Has a Duty to Protect its Residents From Intentional Torts Committed By its Employee
PROCEDURE
Florida Appellate Court Finds Arbitration Clause in Admission Contract Enforceable
Connecticut Judge Holds That Breach of Contract Claim was "Essentially a Medical Malpractice Claim"
Patient's Substantive Fear of Being Transferred to Another Room in the Same Facility is not Hypothetical
Home Health Care Facility Not Liable ForWrongful Death
DAMAGES
Jury Awards $50 Million in Gastric UlcerWrongful Death Case
$21 Million Awarded in Suffocation Case
Jury Awards $7 Million in a Slip and Fall Case
Wrongful Death Case Against Nursing Home Settles for $535,000
Attorney General Seeks Civil Penalties Against Two Texas Nursing Homes
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