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April 2005, Volume 32
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EMPLOYMENT LAW
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AGE
Supreme Court Finds Disparate Impact Theory Available Under ADEA
RETALIATION
Title IX Encompasses Retaliation Against Person Complaining of Sex Discrimination
SEXUAL ORIENTATION
Illinois General Assembly Amends Human Rights Act to Include Discrimination on Basis of Sexual Orientation as Unlawful Discrimination
SEXUAL HARASSMENT
Acts Falling Outside of Filing Limitations Not Time-Barred
Reasonable Jury Could Find Harassment Policy Not Effective
RACE/GENDER/AGE
Supervisor’s Conduct Insufficient to Maintain Hostile Work Environment Claim
GENDER
Romantically Motivated Favoritism to Female Subordinate Not Sex Discrimination
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GENERAL TORTS
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VERDICT FORM
Allocation Of Fault Under Section 2-1117 And Inclusion Of Settling Parties On Verdict Form
ARBITRATION HEARINGS
Effect Of Failure To Comply With Rule 237 Production Request At Arbitration Hearing
PROXIMATE CAUSE
Summary Judgment Appropriate Where Proximate Cause Is Based On Speculation
DUTY OF CARE
Allegations Of BOCA Violations Barred Section 2-615 Dismissal
STATUTE OF LIMITATIONS
Use Of Mistaken Identity To Toll Statute Of Limitations
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INSURANCE COVERAGE
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Recovery of Defense Costs Pursuant to Reservation of Rights Not Available Absent Express Provision Providing Such Recovery in Insurance Contract
Action for Fraud and Declaratory Judgment by Insurance Carriers Did Not Prejudice Insured in Concurrent Underlying Action for Fraud Against Insured
No Coverage Under General Liability Policy for Alleged Sexual Assault As Injuries Resulting From Conduct Reasonably Anticipated and Expected
Notice of Occurrence Condition Proper Basis For Coverage Denial Where Seven Year Delay; Prejudice Not a Factor Where No Excuse Provided for Notice Delay
Single Insurance Policy Providing Coverage for Multiple Vehicles and Containing Anti-Stacking Language Does Not Create Ambiguity Permitting Stacking
Pollution Exclusion Provisions Barred Coverage For Damages Resulting From Fire on Insured’s Premises and Release of Pollutants Into Surrounding Neighborhood
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INTERNATIONAL LAW
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PERSONAL JURISDICTION
No Personal Jurisdiction Over Foreign Corporation That Ceased Doing Business In Forum State Three Years Before Lawsuit Filed
Prima Facie Showing Of Personal Jurisdiction Made Where Supplier Solicited Business And Admitted To Selling Over $5 Million Worth Of Pharmaceuticals In Forum
SERVICE OF PROCESS
120-Day Limit To Effectuate Service Not Applicable When Service In Foreign Country
INTERNATIONAL TRADE
Practice Of Zeroing Negative Margin Transactions In Calculating Weighted-Average Dumping Margin To Determine Antidumping Duties Was Reasonable
SOVEREIGN IMMUNITY
Honduras Immune From Suit Under Foreign Sovereign Immunities Act Because Alleged Acts Did Not Cause Direct Effect In United States
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TOXIC TORTS/ENVIRONMENT
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ILLINOIS
Noise Pollution Pursuant to Illinois Environmental Protection Act
Mandatory Clean Up Under Illinois Environmental Protection Act Explored
CLEAN AIR ACT
Private Right of Action Regarding Agency’s Obligation to Promulgate Mobile Source Air Toxic Regulations
INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
Indiana Representational Capacity Standing Challenged over Renewal Order for Coal Ash Landfill
CERCLA
Illinois Court Addresses Contribution Pursuant to CERCLA
FIFRA
Trespassing Honey Bees Entitled to Pesticide Protection
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PRODUCT LAW
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PRODUCT WARNINGS
Warnings Need Not Express Every Adverse Consequence Of Product Misuse
Product Warnings Not Causally Related to Minor’s Hand Injury
STATE OF THE ART
Compliance With Minimal Safety Standard Gives Rise to Mandatory Presumption of Vehicle Safety
Federal Appeals Court Refuses to Apply State of the Art Defense to Iowa Negligence Claims
PRODUCT SELLERS
Over the Road Hauling Contractor Not Seller Of Defective Trailer
AFFIRMATIVE DEFENSES
North Carolina Court Adopts Six Factor Test to Evaluate Circumstantial Evidence of Alleged Defect in Product Sold Through Sealed Container
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BUSINESS LAW
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CONTRACT LAW
Action Arising Out Of Deficiencies Of Construction Plans And Specifications Subject To Ten-Year Statute Of Limitations
Sale of Software is Sale of Goods
Non-Compete Clause Upheld After Involuntary Retirement
DEFAMATION
Intracorporate Publication of Termination Memo is Defamatory
ANTITRUST
Conscious Parallelism in Pricing Does Not Equate to Price Fixing
MECHANICS’ LIEN LAW
Achitect Must Be Licensed To Form Valid Contract For Architectural Services And Maintain Mechanic’s Lien
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NURSING HOME LAW
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EXPERT TESTIMONY
