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April 2002, Volume 20
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EMPLOYMENT LAW |
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PLEADING REQUIREMENTS
Employment Discrimination Claimants Need Only Plead Short, Concise Claims Showing Entitlement to Relief
FMLA
Failure To Inform Employee That 12 Weeks Of Leave Of Absence Would Count Against Her FMLA Leave Does Not Entitle Employee To 12 Additional Weeks Of Leave
EEOC FILING REQUIREMENTS
Otherwise Timely Charge Of Discrimination Filed With EEOC May Be Verified After Time For Filing Has Expired
MANDATORY ARBITRATION
Mandatory Arbitration Clauses Enforceable But Do Not Bar EEOC From Seeking Victim-Specific Judicial Relief
CONSTRUCTIVE DISCHARGE
Constructive Discharge Where Employee Believed She Would Have Been Terminated Had She Not Resigned
ADA
Diabetic Qualified Individual Disability Under ADA
SEXUAL HARASSMENT
Isolated Brief Incidents Involving No Threats,Humiliation or Intimidation Did Not Constitute Actionable Harassment
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GENERAL TORTS |
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ICE AND SNOW
No Duty To Remove Natural Accumulation of Snow And Ice On Step Of Truck
No Contractual Obligation To Remove Snow And Ice Accumulation On Walgreens Sidewalk
OPEN AND OBVIOUS DANGER
Child Capable Of Appreciating Danger Presented By Open Stairwell
Open And Obvious Only Where Risk Is Apparent And Appreciated By Reasonable Person
NEGLIGENT SECURITY
Proximate Cause Not Established Where Time And Manner Of Entry Into Building Is Speculative
CRIMINAL ACTS
No Duty To Protect From Criminal Attacks Based On Dilapidated Condition Of Property
DUTY TO WARN
Pharmacist Has Duty To Warn Patient Or Doctor Of Potential Drug Allergy
EVIDENCE
Frye-Plus-Reliability' Is Not Standard For Expert Witness Designation
Repeated References To Intoxication Created Impermissible Inference That PlaintiffWas Injured Due To Drinking
Subsequent Back Injury Of Plaintiff Not Admissible Without Expert Testimony
VENUE
Motion To Transfer Venue Based On Forum Non Conveniens Denied Where No Single County Had Predominant Connection
UPDATE ON FLORIDA SUPREME COURT RULING
Legislature Reshifts Burden To Plaintiff In Slip and Fall Cases
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INSURANCE COVERAGE |
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UIM Passenger Not Entitled to UIM Benefits When UIM Limits Do Not Exceed Bodily Injury Limits for At-Fault Driver
Policy Ambiguous Where Declarations Page Reads "Insurance is Provided Where a Premium is Shown," Which Directly Contradicts Policy's Anti-Stacking Provision
Loss of Society Damages Held Not Recoverable Under Uninsured Motorist Policy
Employer Liability Exclusion Does Not Bar Coverage for Additional Insured Against Injury Filed by Another Insured's Employee Where Policy Contained Separation Clause
Car Dealership Provided Coverage Under False Pretense Endorsement of Garage Policy Where Seller of Vehicle Did Not Have Legal Title at Time of Sale
Homeowner's Liability Policy With Business Pursuits Exclusions Excess to CGLPolicy Where Underlying Action Involves Insured's Business
Allegations of Negligent Entrustment and Public Nuisance Not Accidental Under CGL Policy
Allegations of Patent Infringement Do Not Constitute "Advertising Injuries" Within CGL Policy
Criminal Conviction For Conduct in Underlying Case is Proof of Intent In Declaratory Judgment Action Sufficient to Assert Collateral Estoppel Against Insured
Allegations of TILA Violations Insufficient to Trigger Coverage Under TILA Endorsement Unless Underlying Complaint Alleges Statutory Damages
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INTERNATIONAL LAW |
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STATUTE OF LIMITATIONS
Statute Of Limitations Not Tolled For Foreign Company That Could Be Served With Process By Certified Mail As Allowed Under The Hague Convention
PERSONAL JURISDICTION
German Corporation Subject To Personal Jurisdiction In Pennsylvania Based Upon Contract And Other Business Activity With Pennsylvania Resident Company
Defendants Who Negotiated,Drafted And Executed Agreement In France Lacked Sufficient Minimum Contacts With South Carolina To Establish Personal Jurisdiction
SERVICE OF PROCESS
Federal Court Approves Service Of Process By E-mail After Initial Attempts At Service Failed
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TOXIC TORTS/ENVIRONMENT |
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MOLD LITIGATION
Mold Damage Excluded By "Pollution, Contamination, Debris Removal Exclusion Endorsement" Of Insurance Policy
Texas Jury Awards Homeowner $32.1 Million For Extensive Mold Damage
PCB LITIGATION
Alabama Jury Awards $40 million Against Monsanto
CLEAN WATER ACT
Stipulated Penalties Provision Of Consent Decree Was Not Void And Unenforceable As A Matter Of Public Policy
Army Corps Of Engineer Jurisdiction Extends To Waters That Only Intermittently Connect to Navigable Water
TOXIC TORTS
Exclusive Test for Admission of Expert Testimony in Illinois is Frey Standard
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PRODUCT LAW |
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MEDICAL DEVICES
Biotechnology Manufacturer Liable To Patient For Failing To Warn Healthcare Professionals Of Inherent Dangers Of OutModed Medical Device
DESIGN DEFECT
Engineering Drafter Not Held Liable In Strict Product Liability When Ultimate Product Injured User
WHAT IS A PRODUCT?
Videogame Manufacturers And Movie Producers Create Intangible ExpressiveMaterial,Not Necessarily "Products"
Living Creatures Found To Have No Fixed Nature And Cannot Be "Products" As A Matter Of Law
ECONOMIC LOSS
Product For Economic Loss Rule Encompasses Entire Unit Of Complex Commercial Transaction
Illinois Expands Exception To The Economic Loss Doctrine
EXCULPATORY CLAUSES
Fire Alarm Company Limits Liability For Damages Incurred As Result Of Fire At Steel Plant
DAMAGES
The Events Of September 11, 2001 Affected Jury Verdicts
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BUSINESS LAW |
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CONTRACTS
Exculpatory Clause In Contract Between Two Commercial Parties Can Bar Strict Product Liability Action
BUSINESS CORPORATION ACT
Appellate Court Rules On "Particularity" Requirement Applicable To Shareholder Request To Examine Books
CONSTRUCTION CONTRACTS
General Contractor's Failure To Accept Bid Rendered Reliance On Bid Unreasonable
UNIFORM COMMERCIAL CODE
Requirement That Bank Customer Report Unauthorized Signatures To Bank Within One Year Of Receipt Of Bank Statement Does Not Apply When Customer Alleges Bank Bad Faith
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NURSING HOME LAW
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NEW LEGISLATION
End-of-Life Legislation Bill Package Enacted in Michigan
Florida Health Care Agency Pushes for Surveillance Cameras in Nursing Homes
New Jersey Sends New Legislation to Governor
BREACH OF CONTRACT AND PAYMENT ISSUES
No Private Civil Right of Action in Medicare/Medicaid Fraud Provisions
Damages for Emotional Distress are Recoverable in a Breach of Contract Claim
A Resident Who Dies in a Nursing Home is Considered "Discharged"
VERBAL ABUSE
Resident Verbal Abuse Determined by Objective Standard
"Teasing" Constitutes Resident Abuse
NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
Son-In-Law Not "Closely Related" in Negligent Infliction of Emotional Distress Claim
LAWSUITS
Texas Jury Awards $50.03 Million inWrongful Death Case
Florida Nursing Home Granted Directed Verdict in Pressure Sore Case
Resident's Hip Fracture Was Proximately Caused By the Facility's Failure to Restrain Him
Nursing Home Negligence CaseSettles for $450,000
Nursing Home Sexual Abuse Case Filed Seeking in Illinois
Punitive Damages not Recoverable in Sexual Abuse Case
Nursing Home Burn Case Settles for $1.5 Million
DISCOVERY
Oklahoma Nursing Home Cannot Conduct Ex Parte Interviews With Resident's Treating Physicians
PRE-SUIT REQUIREMENTS
Florida's Supreme Court to Hear Oral Arguments in Nursing Home Case
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