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January 2007, Volume 39
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EMPLOYMENT LAW
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AGE DISCRIMINATION
Plaintiff Failed to Present Either Direct or Indirect Evidence of Age Discrimination
RETALIATION
Plaintiff Failed to Establish Claim of Retaliation Through Negative Referrals
HOSTILE WORK ENVIRONMENT
Seventh Circuit Upholds Jury Verdict Against Employer Because Failure to Respond to Female Employee’s Concerns Regarding Male Inmate Was Unreasonable
AGE AND SEX DISCRIMINATION/EQUAL PAY ACT
Plaintiff Fails to Demonstrate Pretext and that Male Employee’s and Female Employee’s Jobs Were Equal for EPA Purposes
DISABILITY DISCRIMINATION
Plaintiff Fails to Establish Placement on Involuntary Disability Leave Was Discriminatory
ERISA
Civil Enforcement Provision of ERISA Does Not Prevent Employer from Recouping Benefits
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GENERAL TORTS
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EXPERT TESTIMONY
Questioning of Experts Not Reversible Error
SANCTIONS
Dismissal of Claim With Prejudice Was Improper Sanction Pursuant to Rule 137 and Rule 219
CLASS ACTIONS
Common Issues Do Not Predominate in Mass-Tort Personal Injury Claims
PRIVILEGE
Physician/Patient Privilege Protects Identity of Doctor’s Other Patients
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INSURANCE COVERAGE
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Mercury Spilled During Replacement of Regulators Involved Multiple Occurrences
Time to File Declaratory Judgment Does Not Begin With Notice of Claim
Targeted Tender Allowed Among Excess Carriers
Application of Household Exclusion
Contractual vs. Equitable Estoppel
Right of Privacy Under Advertising Injury
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INTERNATIONAL LAW
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HAGUE SERVICE CONVENTION
Foreign Corporation May Be Served Through Its American Subsidiary in Lieu of Convention If Subsidiary Is Agent of Foreign Parent
FOREIGN SOVEREIGN IMMUNITIES ACT
Court Affirms Order Denying Libya’s Motion to Dismiss on Sovereign Immunity Grounds
ALIEN TORT CLAIMS ACT
District Court Had Subject Matter Jurisdiction Over Plaintiffs’ Claims Under the ATCA
PERSONAL JURISDICTION
District Court Asserts Personal Jurisdiction Over Mexican Hotel
PERSONAL JURISDICTION AND FORUM NON CONVENIENS
Northern District of California Holds That It Lacks Jurisdiction Over Foreign Hotel, But Denies Forum Non Conveniens Motion
Southern District of New York Denies Defendants’ Personal Jurisdiction and Forum Non Conveniens Motions
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PRODUCT LAW
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MEDICAL DEVICES
Designer of Analgesia Pump Liable to Foreseeable User Despite Existence of Intervening Manufacturers and Distributors
Court Grants Summary Judgment to Manufacturer of Artificial Knee Because Plaintiff Fails to Produce Expert Testimony Establishing Causation or Existence of Defect
AUTOMOBILE PRODUCTS LIABILITY
Illinois Appellate Court Holds That Plaintiff Can Prove Strict Liability Claim Under Consumer Expectations Test
Fifth Circuit Finds That Evidence Plaintiff Was Not Wearing Seat Belt Is Admissible
Seventh Circuit Affirms Summary Judgment Where Plaintiff Had No Reliable Expert Testimony to Support Product Defect Claim
TOBACCO STRICT LIABILITY CLAIMS
District Court of New Jersey Allows Strict Liability Claim Brought by Prisoner Against Tobacco Companies to Continue, but Warns of Impending Dismissal
FIREARMS STRICT LIABILITY CLAIMS
Federal Court in Arkansas Allows Mechanical Engineers with No Specific Experience with Firearms to Provide Expert Testimony Related to Pressure n Rifle
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BUSINESS LAW
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LIMITED LIABILITY COMPANIES
Creditors of Limited Liability Company Could Not Establish Managing Member’s Personal Liability for Debts Incurred After Involuntary Dissolution of Company
ARBITRATION AGREEMENTS
Class Action Waiver in Arbitration Clause of Cellular Telephone Service Agreement Held Unconscionable
WARRANTY CLAIMS
Limitations Period on Magnuson-Moss Act Claims for Breach of Warranty to Repair Began to Run When Promise to Repair Was Breached
INTELLECTUAL PROPERTY
Online Music File Swapping Considered to be Direct Copyright Infringement Entitling Plaintiffs to Relief Prescribed by the Copyright Act
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NURSING HOME LAW
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ELDER ABUSE
