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April 2004, Volume 28
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EMPLOYMENT LAW |
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ADEA
Supreme Court Rules Discrimination Against Relatively Young Outside ADEA’s Protection
ADA
Compensatory and Punitive Damages Not Available in Retaliation Case
ADA/ADEA
Promise of Consulting Work Establishes Nexus to Employment For Retaliation Claim
ADA/RETALIATION
Plaintiff Fails to Establish Adverse Employment Action
SEXUAL HARASSMENT
Unreasonable, Meritless Charges Motivated by Bad Faith Not Protected Under Title VII
SEX DISCRIMINATION/ HARASSMENT/RETALIATION
Plaintiff Fails to Establish Discrimination Despite Prevalent Pornography in Work Place
RACE
Employer’s Prompt Action to Complaints Defeats Harassment Claim
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GENERAL TORTS |
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EVIDENCE
Illinois Supreme Court Upholds Bar Of Non-Disclosed Expert Opinions
CONSTRUCTION - DUTY OF CARE
No Duty Of Care For Independent Contractor Employee
PREMISES LIABILITY – DUTY OF CARE
No Duty Of Care Because Of Open And Obvious Condition
PRODUCT LIABILITY – DUTY OF CARE
No Strict Product Liability Because Open And Obvious Danger
DAMAGES
Plaintiff Can Recover All Medical Bills – Not Just Amount Paid By Insurance
Parents Unable To Recover For Loss Of Society Of Non-Fatally Injured Child
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INSURANCE COVERAGE |
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Contamination Of Land On Which Insured Has Exclusive Leasehold Not “Trespass” Requiring “Personal Injury” Coverage
Policy Exclusion For Faulty, Inadequate, Defective Or Negligent Construction Also Excludes Excavation Activities
Waiver And Estoppel Not Applied When Insurance Carrier Withdrew Coverage After It Determined Individual Claiming Coverage Was Not Related To Insured
Municipal Self-Insurance Pool Not Considered “Insurer” For Purposes Of Uninsured Motorist “Other Insurance” Clause
Claim Of Negligent Representation Not An “Occurrence” of “Property Damage”
Allegations of Copyright Infringement, False Description, and Unfair Competition Were Not Caused By Advertising Actively, Precluding Possibility Of “Advertising Injury” Coverage
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INTERNATIONAL LAW |
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DISCOVERY FROM FOREIGN COMPANIES
Documents Sent By Client To Law Firm Not Entitled To Protection When Client Authorized Documents To Be Sent To SEC
VENUE
Dismissal of Case Filed in Improper Venue Rather Than Transfer Upheld
INTERNATIONAL CONTRACTS
Settlement Agreement Entered Into In Michigan Did Not Preclude Subsequent Lawsuit In Portugal
Party Engaged In Fraud By Failing To Keep Accurate Records Of Royalties And Therefore, Was Liable For Accounting
INTERNATIONAL TRADE
Department Of Commerce’s Practice Of “Zeroing” Was Reasonable Interpretation Of Anti-Dumping Statute, Even In Light Of Contrary Decision Of The World Trade Organization
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TOXIC TORTS/ENVIRONMENT |
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ENVIRONMENTAL PROTECTION ACT
Illinois Prevails on Action for Violations Related to Water Pollution
CERCLA
Ninth Circuit Examines CERCLA Statute of Limitations
Environmentally Contaminated Gravel Pits Eat Cows
MARINE MAMMAL PROTECTION ACT
Ninth Circuit Address Standing and Magnuson Amendment
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PRODUCT LAW |
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WHAT IS A PRODUCT?
Steel Girders Not Products On Construction Accident Site
ECONOMIC LOSS
Home Viewed As “Integrated Product” For Economic Loss Analysis
DUTY TO WARN
Mobile Camera Van Telescoping Antenna Came With Sufficient Warning
RES JUDICATA
Pepsi Cola Ad Campaign Was Basis For Warranty And Time-Barred Products Liability Claims
FAST FOOD PRODUCTS
No Recovery For Fry Cook Scalded By Oil
AFFIRMATIVE DEFENSES
Governmental Contractor Defense Applicable To Non-Military Contracts
PRODUCT SELLER
Trademark Distributor Not A Seller Of Products
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BUSINESS LAW |
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CONSUMER FRAUD AND DECEPTIVE BUSINESS PRACTICES ACT
Consumer Fraud Complaints Improper Absent Showing Plaintiffs Have Been Deceived
RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT
Complaint Alleging Hiring Illegal Immigrants To Reduce Labor Costs Constitutes Racketeering Failed To Adequately Specify Enterprise
RICO Claim As To Sale Of Fraudulent Mortgage Loans Not Adequately Stated
BUSINESS LAW
Veil Piercing Is Equitable Remedy To Be Decided By Court, Not Jury
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NURSING HOME LAW
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INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
Texas Court Holds That Damages For Intentional Infliction of Emotional Distress Are Recoverable Under the Texas Survival Statute
WORKER’S COMPENSATION
Florida Court Holds That Question of Fact Regarding A Therapist’s Employee Status At A Nursing Home Prevented Summary Judgment Based On Worker’s Compensation Immunity
EXPERT TESTIMONY
Illinois Supreme Court Holds Physician Unqualified to Testify Regarding Nursing Standard of Care
CRIMINAL ACT OF THIRD PARTY
Kentucky Court Holds That Nursing Homes Have An Obligation To Prevent Criminal Attacks By Third Parties
WRONGFUL DEATH
Circuit Court Judge In Cook County, Illinois, Holds That Plaintiffs Cannot State A Cause Of Action For Wrongful Death Under the Nursing Home Care Act
NEGLIGENCE PER SE
Texas Court Holds That Allegations Of Violations Of The Texas Administrative Code Cannot Be Basis For Negligence Per-Se
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