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January 2006, Volume 35
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EMPLOYMENT LAW
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FAIR LABOR STANDARDS ACT
U.S. Supreme Court Finds Time Spent in Safety Gear Is Compensable; Time Spent Waiting to Don Gear Is Not
EQUAL PAY ACT
Agency’s Practice for Paying Lateral Transferees Did Not Violate Equal Pay Act
SEXUAL HARASSMENT
Claim Against State Employer for Independent Contractor’s Harassment Survives, but Claims of Retaliation and First and Fourteenth Amendment Violations Do Not
AGE & DISABILITY DISCRIMINATION
Statements on Application for Social Security Disability Insurance Benefits
Estopped Claims in Discrimination Suit
FMLA/RETALIATION
Former Employee Failed to Establish Discrimination/Retaliation Under FMLA, But Makes Case for Interference with Substantive Rights
NATIONAL ORIGIN DISCRIMINATION
Supervisor’s Statement Acknowledging Belief of Discrimination Not Direct Evidence of Discrimination, and Indirect Evidence Requires More Than Plaintiff’s Speculation
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GENERAL TORTS
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VERDICTS
No Right to New Trial Despite Seeming Legally Inconsistent Verdict
FORUM NON CONVENIENS
Illinois Supreme Court Orders Dismissal of Case to Allow for Interstate Transfer
CRIMINAL ATTACK BY A THIRD PARTY
Summary Judgment Reversed for Landlord Because Question of Fact
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INSURANCE COVERAGE
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Contractor Not Entitled to Coverage Where “Completed Operations” Exclusion Applies and It is Not Additional Insured on Owner’s Policy
Mercury Spills Over 17-Year Period Not Single Occurrence Under Terms of Insurance Policy
Carrier Must Defend One Who Alleged to Be Employee Regardless of Actual Employment Status
Carrier Has No Duty to Defend When Known Loss Doctrine Applies
Insured Violated Cooperation Clause When He Only Provided Police Report and Therefore, Carrier Owed No Coverage
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INTERNATIONAL LAW
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SOVEREIGN IMMUNITY
Motion to Dismiss Denied When Commercial Activity Exception to Foreign Sovereign Immunities Act Applied
SUBJECT MATTER JURISDICTION AND FORUM NON CONVENIENS
Suit Against Pfizer Dismissed for No Subject Matter Jurisdiction Under Alien Tort Statute and Forum Non Conveniens
HAGUE CONVENTION AND SERVICE PROCESS
Hague Convention Permits Service of Process on Foreign Defendant Via Registered Mail from Plaintiff As Long As Receiving Country Does Not Object
ALIEN TORT STATUTE
Consideration of Claim Under Alien Tort Statute Impermissible Intrusion Into Indonesian Affairs
FORUM NON CONVENIENS
Motion to Dismiss Based on Forum Non Conveniens Denied When Failure to Prove Private and Public Interest Factors
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TOXIC TORTS/ENVIRONMENT
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ILLINOIS
Kankakee Seeks to Expand Existing Landfill
STATE ENVIRONMENTAL QUALITY REVIEW ACT
New York Defines “Ministerial”
CLEAN WATER ACT
Environmental Protection Act Final Order Reviewed By Seventh Circuit
Ninth Circuit Addresses Necessity of Hydrological or Ecological Connection for Jurisdiction of Corps
Tenth Circuit Addresses Equitable Relief in Civil Penalty Claims
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PRODUCT LAW
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CONSUMER FRAUD ACT
Supreme Court Concludes That Consumer Fraud Act Bars Claim Against Tobacco Giant
STRICT LIABILITY
Doctrine of Strict Liability Not Applicable To One-Time Machine Manufacturer
DUTY TO WARN
Plaintiff’s Duty to Read and Follow Warnings Limited by Manufacturer’s Duty to Provide Warning in Proper Fashion
NEGLIGENT RECALL
No Cause of Action For Negligent Recall and Plaintiff May Not Plead Cause by Characterizing as Duty to Warn
NEGLIGENT MANUFACTURE
Admissibility of Evidence Concerning Product’s Original State of Manufacture
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BUSINESS LAW
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TRADE SECRETS AND NON-COMPETE AGREEMENTS
Existence of Employment and Confidentiality Agreement Not Enough Standing Alone to Make Customer Information a Trade Secret; Non-Competition Covenant Without Geographic Limitations is Unenforceable
Existence of Trade Secrets
Enforceability of Non-competition Covenants
MECHANICS’ LIENS
Subcontractor’s Recovery Limited to Sums Stated in Sworn Statement
Home Repair and Remodeling Act
Time for Filing Suit and Multiple Notices
COMMERCIAL LEASES
Estoppel Certificate Cannot Be Used to Alter Terms of Written Lease
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NURSING HOME LAW
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DOCUMENT PRODUCTION
