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January 2005, Volume 31
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EMPLOYMENT LAW |
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AGE & SEX DISCRIMINATION
Plaintiff Failed to Establish Age or Sex Discrimination
AGE AND RETALIATION
Seventh Circuit Reverses Jury Verdict in Favor of Plaintiff on Retaliation Claim
ADA
Voluntary Accommodations Did Not Establish Employee Was “Regarded as Disabled”
RACE AND RETALIATION
Plaintiff Failed To Establish Prima Facie Case of Racial Harassment or Retaliation
GENDER
Plaintiff Failed To Establish Prima Facie Case of Gender Discrimination
GENDER AND RACE
Plaintiff Failed to Establish Prima Facie Case of Discrimination Based on Race or Gender
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GENERAL TORTS |
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VERDICT FORM
Allocation Of Fault Under Section 2-1117 And Inclusion Of Employer On Verdict Form
SPOLIATION OF EVIDENCE
Insurer Did Not Have Duty To Advise Property Owner To Preserve Evidence
FORUM NON CONVENIENS
Dismissal On Grounds Of Interstate Forum Non Conveniens Precludes Re-Filing In Another Illinois County
EVIDENCE
Surveillance Videotape Not Privileged And Must Be Produced
SUBROGATION
New Trial Required When Verdict Is Unreasonable, Arbitrary And Not Based On Evidence
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INSURANCE COVERAGE |
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Equitable Contribution Not Available to One Carrier Against Another Where Both Provide Limited Additional Insured Coverage to Insured, But Analysis Not Applicable to Equitable Subrogation
Insurance Carrier Not Required to Prove Prejudice To Deny Coverage Based on Violation of Notice Condition
Carrier Required to Show Prejudice To Invoke Notice of Suit Condition Where Delay in Notice of Four Months
Insured’s Deactivation of Tender to One Carrier Prevented Another Targeted Carrier From Seeking Contribution From Deselected Carrier
Injured Party Entitled to Bring Suit Against Insured’s Carrier For Medical Expenses Benefits
Insured Entitled to Indemnification From Excess Carriers for Costs Incurred in Voluntary Environmental Cleanup Program
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INTERNATIONAL LAW |
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SERVICE OF PROCESS
Rule 4(f) Of Federal Rules Of Civil Procedure Does Not Authorize Service Abroad By Sending Complaint And Summons Via Ordinary, International First Class Mail
Service Not Complete, And Statute Of Limitations Not Tolled, When Plaintiff Delivers Suit To Country’s Central Authority
PERSONAL JURISDICTION
No Personal Jurisdiction In Missouri Where Insufficient Minimum Contacts To Satisfy Due Process
SUBJECT MATTER JURISDICTION
American Plaintiff Could Not Sue United Kingdom Under NATO-SOFA For Damages Caused By British Servicemen In Bar Fight In Washington
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TOXIC TORTS/ENVIRONMENT |
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ILLINOIS CASE LAW
Illinois Residents Bring Action for Groundwater Pollution
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Illinois Supreme Court Addresses Whether Declaratory Action May Be Brought to Test Validity of Alleged Violation of Environmental Protection Act
CERCLA
Plaintiffs Sought Enforcement of Unilateral Administrative Order for Remedial Investigation and Feasibility Study
Contribution and Indemnification Pursuant to CERCLA
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PRODUCT LAW |
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PRODUCT WARNINGS
Illinois Appellate Court Upholds Summary Judgment on Behalf of Trampoline Manufacturer
EVIDENCE
Iowa Supreme Court Upholds Trial Court’s Decision to Compel Post-Incident Defect Report
DAMAGES
Florida Appellate Court Overturns “Top 10 Verdict,” Calling it “Shockingly Excessive”
ECONOMIC LOSS
Wisconsin Supreme Court Refuses to Extend Economic Loss Doctrine to Service Contracts
VENDOR LIABILITY
Georgia Appellate Court Clarifies Definition of “Mere Seller” for Assignment of Liability in Strict Products Liability Cases
FRIVOLOUS PRODUCT LIABILITY LAWSUITS
Inmate Brings Product Liability Suit Against Baking Soda Manufacturer for Failing to Warn of Illegality of Mixing Product With Cocaine
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BUSINESS LAW |
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BUSINESS LAW
Shareholder’s Right To Examine Corporate Records To Protect Own Interests Broad Where “Proper Purpose” Demonstrated
Seller’s Misrepresentation Of Corporate Asset Allowed Action for Breach of Contract and Fraud
PROPERTY LAW
Right Of First Refusal Is Not Self-Defining
CONTRACT LAW
Non-Signatory To Contract May Not Invoke Contractual Arbitration Provision When Not A Principal Of Signatory
Court Allows Fitness Members To Proceed Against Bally Total Fitness For Violation Of Contract Renewal Act
ARBITRATION LAW
Courts Defer To Decisions Of Arbitrators
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NURSING HOME LAW
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STATUTORY RIGHTS
Florida Supreme Court Held Personal Representative Cannot Bring Statutory Cause of Action on Behalf of Deceased Resident for Alleged Infringement of Resident’s Statutory Rights When Infringement Did Not Cause Resident’s Death
STATUTE OF LIMITATIONS
California Court Holds Elder Abuse Actions Subject to General Statute of Limitations Rather Than Statute of Limitations Applicable to Actions Based on Professional Negligence
STANDARD OF CARE
Illinois Appellate Court Holds Appropriate Standard of Care Applicable to Actions Brought Under Nursing Home Care Act is Ordinary Negligence
DISCOVERY
Michigan Appellate Court Held Incident Reports Generated by Nursing Home Not Discoverable Because Data Collected Was For Professional Peer Review
Florida Appellate Court Allows Production of Nonparty Resident Medical Records from Nursing Home, But Orders Trial Court to Redact All Identifying Information Before Disclosure
WRONGFUL DEATH
Supreme Court of Arkansas Held That Plaintiff’s Failure to Timely Serve Complaint Barred All Actions for Negligence, Including Wrongful Death Claim
UPDATE – SEXUAL ASSAULT
Mississippi Supreme Court Reversed Appellate Court and Reinstated Jury’s Verdict in Favor of Nursing Home in Sexual Assault Matter
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