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January 2004, Volume 27
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EMPLOYMENT LAW |
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ADA
Employer’s Policy Against Rehiring Former Employees Terminated For Violation of Misconduct Rules Was Legitimate Non-Disability Based Reason
RACE AND ADEA
Plaintiffs Failed to Establish Discrimination Claims Under Either Direct Or Indirect Method
SEXUAL HARASSMENT/HOSTILE WORK ENVIRONMENT
Constructive Discharge May Constitute Tangible Employment Action
Plaintiff Fails To Establish Hostile Work Environment Or Retaliation
FMLA
Defendants Denied Summary Judgment On Plaintiff’s Retaliation Claim
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GENERAL TORTS |
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EVIDENCE
Negligent Spoliation Of Evidence
Use Of Missing Witness/Evidence Jury Instruction
PRE-EXISTING MEDICAL CONDITION
Allowing Testimony Regarding Prior Medical Condition Allowed Without Expert If Plaintiff Opens Door
Testimony Regarding Pre-Existing Degenerative Condition
PHYSICIAN LIENS
Physician’s Lien Not Assignable
REQUESTS TO ADMIT
Unanswered Requests To Admit And Can Support Finding Of Summary Judgment
CONSTRUCTION ACCIDENTS
Fourth District Takes Aim at Defense Based on Section 414
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INSURANCE COVERAGE |
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Insurance Agency Qualifies As Agent Of Insured Rather Than Carrier, Despite Carrier’s Payment Of Commissions To Agent And Agent’s Authority To Bind Carrier To Coverage
Section 143a-2 Of Insurance Code Sets Forth Conditions And Procedures For Issuing Or Rejecting Both Uninsured and Underinsured Motorist Coverage
Coverage Denied to Additional Insured Where Named Insured Not Mentioned In Underlying Complaint
Equitable Subrogation and Equitable Contribution Are Only Appropriate When Both Carriers Insure Same Risk
Denial Of Coverage Based On Prior Cancellation Of Auto Policy Due To Non-Payment Of Premiums Upheld
Per-Person Limit Of Liability In Auto Policy That Does Not Vary With Number Of Insureds Found Liable Not Against Public Policy
Policy Providing Additional Insured Coverage For Claims Based Only On Strict Liability Is Not Illusory Despite Fact That Strict Liability Claims In Illinois Are Very Limited
Court’s Rulings As To Carrier’s Coverage Obligations With Respect To Voluntarily Dismissed Underlying Complaint Binding As To Subsequently Filed Identical Underlying Complaint
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INTERNATIONAL LAW |
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FEDERAL SUBJECT MATTER JURISDICTION
Presence Of Foreigners From Same Country On Both Sides Of Diversity Case Does Not Destroy Diversity Jurisdiction
INTERNATIONAL TRADE
Court Of International Trade Abused Its Discretion By Not Remanding Case To International Trade Commission For Further Consideration
INTERNATIONAL ARBITRATION
Third-Party May Be Bound To Arbitration As Long As Some Agreement To Arbitrate
Mexican Court’s Ex Parte Order Affirming Validity Of Allegedly Fraudulent Assignment Of Arbitration Award Not Entitled To Recognition In U.S. Based On Principles Of Comity
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TOXIC TORTS/ENVIRONMENT |
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CLEAN WATER ACT
Connecticut Court Explores Standing of Environmental Coalition
Eighth Circuit Addresses Awards of Attorneys and Expert Fees Pursuant to Clean Water Act
Eleventh Circuit Addresses Award of Attorney Fees Pursuant to Clean Water Act
CERCLA
CERCLA Does Not Apply to Citizens of Foreign Countries
RCRA
Review of Decision that RCRA Does Not Apply to Certain Fertilizers
ENDANGERED SPECIES ACT
No Surprises and Permit Revocation Rules Revoked
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PRODUCT LAW |
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INTENDED USER
Minor Deemed Unintended User Of Lighter In Product Defect Case
WHAT IS A PRODUCT?
Municipal Swimming Pool Not Product In Strict Products Liability Action
DUTY TO RETROFIT
Kentucky Supreme Court Limits Seller’s Duty To Retrofit Forklift With Subsequent Safety Measures
ALTERNATIVE SAFE DESIGN
Federal Court Of Appeals Predicts That Utah State Law Requires Plaintiff To Prove Existence Of Alternative Safe Design In Design Defect Case
FIRST AMENDMENT
Warning Labels On Diet Supplements Not Constitutionally Protected Speech
DISCOVERY
Failure to Produce Defective Product Leads To Preclusion Of Evidence
Production of Water Heater Necessary To Establish Product Identification
ALLOCATION OF FAULT
Military Immunity Does Not Prohibit Navy From Being Included On Jury Form
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BUSINESS LAW |
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CORPORATIONS
Officers Not Personally Liable For Corporate Acts Unless They Personally Participate In That Leads to Liability
CONTRACTS
Failure To Show Valid And Enforceable Contract Prohibits Factoring Company From Recovering Against Cook County
MECHANICS LIENS
Owner Who Sells Property Pursuant To Installment Sale Contract Remains Liable For Mechanics Liens
Factual Summary
ACCOUNTING MALPRACTICE
Liability of Accountants and Comparative Fault Of Their Clients
Audit Interference Doctrine and Comparative Fault
TAX EXEMPTIONS
Illinois Supreme Court Affirms Tax-Exempt Status For PGA Golf Tournament
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NURSING HOME LAW
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FAMILY DIRECTIVES
Texas Appellate Court Affirms Jury’s Verdict in Favor of Nursing Home
CUSTODIAL CARE VS. MEDICAL CARE
Louisiana Appellate Court Holds Nursing Home’s Alleged Breach Was Custodial
ADMINISTRATIVE PROCESS
Federal Court of Appeals in Ohio Upholds Government’s Finding of “Immediate Jeopardy”
DOCUMENT PRODUCTION
Texas Court Compelled Nursing Home to Produce Documents Over Claims of Privilege
STATUTORY INTERPRETATION
Federal Appeals Court Deferred to Agency’s Interpretation of Medicare Regulations
FALL PREVENTION
Massachusetts Court Vacated Dismissal of Negligence Action Against Nursing Home
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