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April 2001, Volume 17
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EMPLOYMENT LAW |
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RETALIATION
Airline Employee Demoted After Altercation Entitled To Jury Consideration Of Punitive Damages
ADA
Autoworker Who Missed About 70 Weeks of Work in Three Years Not Protected by ADA
Employer Did Not Have To Provide a Helper To Reasonably Accommodate Employee
NATIONAL ORIGIN/ADA
Decrease In Frequency of Sexual Intercourse Not Impairment Limiting Major Life Activity
SEXUAL HARASSMENT
Employee Who Was Living and Sleeping With Her Supervisor Did Not Establish VII Claim
NATIONAL ORIGIN
Truthful, Nondiscriminatory Call To Police Does Not Constitute Adverse Action
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GENERAL TORTS |
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PREMISES LIABILITY
The Dangers Of Jumping On Trampoline Are Not Open And Obvious
School District Not Immune From Liability In In-Line Skating Accident
Service Station Owner Did Not Breach Duty To Customer When Tire Exploded
Fireman’s Recovery For Injuries Suffered On The Job Barred By The Fireman’s Rule
DAMAGES
Jury Not Required To Award Disability Or Aggravation After Awarding Other Aspects Of Damages
Per Diem Damage Argument Improper
CAUSATION
Railroad Failed To Provide Adequate Warnings At Crossing
Suicide Breaks The Chain Of Causation In Negligence Action
DRAMSHOP
Actively Drinking Alcohol With Intoxicated Driver Is Not Per Se Complicity, Barring A Dramshop Action
STATUTORY ACTIONS
AIDS Confidentiality Act Does Not Create Cause Of Action For Officer Seeking Disclosure Of Suspect’s HIV Test Results
EXPERT WITNESSES
Expert Witness Properly Based Opinions On Literature Not Identified On Direct Examination
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INSURANCE COVERAGE |
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Insured May Deactivate Tender To Carrier Following Settlement Of Underlying Case
Notice Denial Requires Showing Of Prejudice And Estoppel Will Not Be Imposed Against Excess Carrier With No Duty To Defend
Injured Third Party Has Standing To Initiate Declaratory Litigation Against Property Insurance Carrier
Construction Indemnity Agreement Not Void And Carrier Owes Coverage To Additional Insured
Allegedly Fraudulent Overcharging For Medication A Potentially Covered “Medical Incident” Under Professional Liability Issued To Nursing Home
School Code Does Not Control Obligations Of School Board’s Liability Insurer
Shooting Occurring During Course Of Carjacking Does Not Arise Out Of Use Of Vehicle So As To Qualify For UIM Coverage
“Right To Defend” Does Not Imply “Duty To Defend” In Cargo Insurance Policy
“Advertising Injury” Coverage Extends To Allegations That Insured Falsely Marketed Products As Being Produced By Native Americans
“Grace Period” In Cancellation Notice Operates To Extend Policy Term
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INTERNATIONAL LAW |
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PERSONAL JURISDICTION
Exercise Of Personal Jurisdiction Over Swedish Successor Corporation Comports With Principles of Due Process
Personal Jurisdiction Over French Parent Company To Be Determined By Foreign Sovereign Immunities Act (FSIA) Rather Than New York Long-Arm Statute
Personal Jurisdiction Proper Over Canadian Resident Based On Service Of Process Made On Him When He Appeared At Hearing In U. S.
FORUM NON CONVENIENS
Defendants In The U. S. And New Zealand Successful In Dismissing Plaintiffs’ Action In U. S. Based On Forum Non Conveniens
SERVICE OF PROCESS
Hague Service Convention Does Not Require That Foreign Taxpayer Actually Receive Notice Of IRS Summons
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TOXIC TORTS/ENVIRONMENT |
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ILLINOIS ENVIRONMENTAL PROTECTION ACT
Approval of Sanitary Landfill Site Not Violative of Illinois Environmental Protection Act
Pollution Control Board Properly Affirmed County Board’s Decision To Approve Construction Of Pollution Control Facility
TOXIC TORTS
Employer Has No Duty To Warn Or Train Its Employees Regarding Unknown Or Unidentifiable Risk
CLEAN WATER ACT
Defining “Navigable Waters” To Include Intrastate Waters Used As Habitat By Migratory Birds Exceeded Authority Granted To Army Corps of Engineers
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PRODUCT LAW |
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EVIDENCE
Narrowing The Scope Of Admissible Prior Occurrences, Transactions Or Claims
STATUTE OF LIMITATIONS
Mere Speculation Or Suspicion That Product Caused Injuries Is Insufficient To Trigger Two-Year Statute Of Limitations Applicable To Product Liability Actions
ECONOMIC LOSS DOCTRINE
Selective Pleading Cannot Avoid Wisconsin Economic Loss Doctrine
DUTY TO INFORM
Illinois Dealer And Distributor Of Forklift Had No Continuous Duty To Inform Its Customers Of Manufacturer’s Safety Improvements To Product
TOBACCO LITIGATION
California Appellate Court Decision Opens Door For Smoker’s Product Liability Claims Against Tobacco Companies
GUN LITIGATION
City Of Miami Cannot Maintain Claim Of Products Liability Against Gun Manufactures
DESIGN DEFECT
Freezer Manufacturer Need Not Place Protective Mesh Over Internal Metal Walls Of Spot-Merchandising Freezer To Protect Against Customer Frostbite
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BUSINESS LAW |
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MECHANICS’ LIENS
Amendment To Mechanics’ Lien Was Not Valid Against Chapter 11 Debtor Exercising Strong-Arm Rights As Third Party Judgement Creditor
CONSUMER FRAUD
First District Adopts Lesser Standard of Proof for Claims Asserted Under Consumer Fraud Act
Claim Brought Under Consumer Fraud Act Is Not Cognizable Where Injury Has Yet To Occur
REAL PROPERTY TRANSFER
Actual Transfer Is Not Required For Claims Brought Under The Residential Real Property Disclosure Act
LIQUIDATED DAMAGES
Damages Component of Court Approved Settlement Order Was An Unenforceable Penalty
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