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April 2003, Volume 23
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EMPLOYMENT LAW |
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RACE DISCRIMINATION
Summary Judgment Precluded When Genuineness of Reason For Termination Questionable
ADEA AND RACE DISCRIMINATION
Failure to Promote Did Not Constitute Adverse Employment Action
RACE DISCRIMNATION AND RETALIATION
Employee Not Meeting Employer’s Legitimate Job Expectations Does Not Establish Prima Facie Case of Discrimination
ADA
Home Office Not Reasonable Accommodation
SEXUAL HARASSMENT
Plaintiff Failed to Establish Retaliation Under Either Direct or Indirect Methods
Agency’s Investigation of Sexual Harassment Claim Did Not Constitute Sexual Harassment
ADEA
Status As Shareholder Precluded Suit Pursuant To ADEA
NATIONAL ORIGIN AND GENDER
Ministerial Status Precludes Subject Matter Jurisdiction
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GENERAL TORTS |
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WRONGFUL DEATH
Named Driver Exclusions Do Not Violate Illinois Public Policy
DUTY
Absent Showing Of Failure To Exercise Due Care, Golfer Not Liable For Hitting Other Golfer Within “Zone Of Danger”
Contractor Had Duty To Warn Motorcyclist Of Uneven Surfaces In Recently Paved Roadway
Failure To Prepare For Anticipated Snowfall Provided Basis For Breach Of Duty To Provide Safe Workplace
PREMISES LIABILITY
No Duty To Protect Grocery Store Customers From Unsupervised Child With Shopping Cart
Municipality Immune From Liability Stemming From Allegedly Dangerous Condition On Bicycle Trail
Parking Lot, For Which Employer Reimbursed Expenses, Was Not “Provided By” Employer
FEDERAL PREEMPTION OF STATE TORT CLAIM
Plaintiff’s Action Citing Garbage Truck’s “Flimsy” Door And Exposed Door Handle Preempted By Federal Safety Statute
DAMAGES
Case May Not Continue Against One Defendant After Plaintiff Paid Full Amount Of Damages From Other Defendant
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INSURANCE COVERAGE |
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No Duty To Defend Or Indemnify In Suit Seeking Reimbursement For Environmental Remediation Expenses Under Asset Purchase Agreement
Complaint Need Not Affirmatively Allege Facts In Support Of Imputed Liability
Insured That Waives Kotecki Cap In Construction Contract Has Entered Into “Insured Contract”
Considerations In Determining Whether Policy Is Truly Excess
No Duty To Indemnify Third Party Beneficiary Unless Named As Insured Or Added As An Additional Insured
Court Rejects Arguments That Prior Publication Exclusion Bars Coverage For Ongoing Advertising Campaign
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INTERNATIONAL LAW |
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CONTRACT LAW
Forum Selection Clause Is Merely Permissive Not Mandatory
German Successor Company Entitled To Benefit From Predecessor’s Confidentiality Agreement Between Predecessor And Employee
PERSONAL JURISDICTION
Spanish Company’s Interactive Website With Sporadic Other Contacts Not Enough To Satisfy Requirements For Personal Jurisdiction
FORUM NON CONVENIENS
Austria’s Motion To Dismiss Properly Denied In Action To Recover Famous Paintings Confiscated By The Nazis During World War II
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TOXIC TORTS/ENVIRONMENT |
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CLEAN WATER ACT
Louisiana Environmental Quality Act Found to be Comparable to the CWA
CERCLA
Joint and Several Liability Addressed Under CERCLA
ENDANGERED SPECIES ACT LITIGATION
Former Circus Handler Found to have Standing to Pursue Claim
ESA “Take” Provision Upheld as Constitutional
ILLINOIS SPORTS FACILITIES AUTHORITY ACT
Soldier Field Renovation Receives Supreme Court Approval
POLLUTION COTROL FACILITY EXEMPTION OF THE ILLINOIS USE TAX ACT
Primary Purpose Analysis Denies Tax Exemption
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PRODUCT LAW |
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PUBLIC HEALTH
New York District Court Dismisses “McProducts” Liability Lawsuit
Dangers Of Diet Pills Not As Obvious
LIMITATIONS OF ACTIONS
Mere Suspicion That Chromium Containing Wood Stain Caused Leg Injury Insufficient To Trigger Indiana Product’s Liability Statute Of Limitations
Indiana Supreme Court Upholds Constitutionality Of Statute Of Repose
CHOICE OF PRODUCTS LIABILITY LAW
Site Of Injury Continues Be Benchmark For Products Liability Claims In Washington State
FEDERAL PREEMPTION
State Court Class Action Law Suit To Protect Cell Phone Users From Radio Frequency Radiation Preempted By Federal Law
Federal Consumer Protection Act Expressly Preempts State Law Toy Warning Labeling Case
PROXIMATE CAUSE
“Group Liability” Or “Collective Civil Conspiracy” Theory Not Applicable In Asbestos Case
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BUSINESS LAW |
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BUSINESS ASSOCIATIONS
Joint Venture Does Not Arise By Virtue of Contractual Relationship Between Parties
BUSINESS CORPORATION ACT
Corporate Officer Personally Liable For Debts When Conducting Corporation’s Business Arising After Corporation Is Involuntary Dissolved And Before Reinstatement
MECHANICS LIEN ACT
Recording Of Mechanics Lien Not Sufficient Notice When Owner’s Representative Can Be Found In County Where Improvement Made
Service of Notice of Mechanics Lien By Facsimile Not Sufficient Under Section 24
CONTRACTS
Right Of First Refusal Clause Must Contain Definite and Certain Price Term Or Establish Method For Determining Price
Settlement Offer Must Limit Itself By Its Own Terms And Conditions
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NURSING HOME LAW
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PRE-SUIT REQUIREMENTS
Affidavit Of Consultation With Medical Professional Not Applicable To All Cases Against Medical Profession
JURISDICTION
Duties Under Doctor-Patient Relationship Independent Of Facility’s State Affiliation
STATUTORY CAUSE OF ACTION
State Statute Designed To Expand Resident’s Right To Sue
Florida Court Holds Damages Under State’s Nursing Home Act Are Separate and Distinct From State’s Wrongful Death Act
Estate of Deceased Nursing Home Resident Can Recover Survivor’s Damages When Cause of Action Solely Based on Florida’s Nursing Home Act
VICARIOUS LIABILITY
Nursing Home Liability For Employees’ Intentional Torts
PRIVILEGED DOCUMENTS
Documents Produced Pursuant To State Or Federal Law Are Not Privileged
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