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April 2006, Volume 36
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EMPLOYMENT LAW
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TITLE VII
In Effort to End “Drive-by Jurisdictional Rulings,” U.S. Supreme Court Clarified that Employee-Numerosity Requirement for “Employer” Status Under Title VII Not Jurisdictional
RELIGIOUS DISCRIMINATION
Company’s Refusal to Recognize Any Group Based On Religion Did Not Violate Title VII
RACE DISCRIMINATION
Former White Employees Presented Sufficient Facts to Create Inference of Discrimination in Reverse-Discrimination Case, but Failed to Establish Employer’s Reasons for Termination Were Pretextual
Employee Failed to Present Evidence of Employer’s Discriminatory Behavior
SEXUAL HARASSMENT
Fifth Circuit Clarifies That Standard for Actionable Sexual Harassment Is Severe or Pervasive, Not Severe and Pervasive
RETALIATION
Third Circuit Holds Retaliation Claim Predicated On Coworker-Created Hostile Work Environment Cognizable Under 42 U.S.C. § 2000e-3(a)
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GENERAL TORTS
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FORUM NON CONVENIENS
Illinois Supreme Court Upholds Denial Of Transfer Motion
DUTY OF CARE
Alternative Theory To Natural Accumulation Of Ice/Snow Defense
STATUTE OF LIMITATIONS
When Sexual Abuse Victim Should Have Known Of Injury is Question Of Fact
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INSURANCE COVERAGE
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Carrier Not Obligated to Defend Additional Insured Added to Policy One Day After Accident, But Must Contribute to Underlying Settlement Pursuant to Umbrella Policy
Carrier Cannot Rely on Conviction to Preclude Coverage When No Factual Basis to Conclude Criminal Case and Civil Case Involved Same Issue
Carrier Fulfilled Duty When Filed Cross-Claim Two Months After Insured Filed Declaratory Judgment Action
Insured Entitled To Independent Counsel Where Carrier Had Interest in Insured Being Found Liable For Damages Occurring Prior to Policy Period
Carrier Has No Duty to Defend Based On Unambiguous Unscheduled Demolition Endorsement
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INTERNATIONAL LAW
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FOREIGN SOVEREIGN IMMUNITIES ACT
Corporation Failed to Make Prima Facie Case That It Was Agency or Instrumentality of Foreign Sovereign State
District Court Denied Motion to Dismiss Because Plaintiffs Sufficiently Alleged State-Sponsored Terrorism Exception to FSIA
ANTI-TERRORISM ACT
Motion to Dismiss Denied Based on Subject Matter Jurisdiction, Justiciability, and Failure to State a Claim, Granted for Individual Defendants for Lack of Personal Jurisdiction
EXTRATERRITORIAL JURISDICTION
No Extraterritorial Jurisdiction When No Connection to United States and Conduct Occurred Primarily Outside United States
HAGUE CONVENTION
District Court Holds That Hague Convention on Evidence is Optional in Certain Situations
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TOXIC TORTS/ENVIRONMENT
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FEDERAL TORT CLAIMS ACT
Landowners Challenge U.S. Corps of Engineers
OHIO GROUND WATER
Sixth Circuit Rules on Homeowners’ Right to Ground Water
ILLINOIS
Wauconda Sand and Gravel Pit Defeat CERCLA and RCRA Claims
CERCLA
Class Action Based Upon 9-11-01 Terrorist Attacks
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PRODUCT LAW
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PRODUCT SELLERS
Amusement Park Not Seller of Products Amenable To Suit Under New Jersey Product Liability Act, Even When Ride Manufacturer Is Adjudicated Bankrupt
Restaurant Not Held To Be Liable To Patron In Strict Products Liability For Defective Chair On Premises
Used Recreational Vehicle Seller Not Amenable To Strict Product Liability Actions
Pawn Shop Not A Seller for Purposes of Strict Products Liability Claims
PRODUCT USERS
Construction Worker Not A User Of Product He Was In The Process of Erecting
FORESEEABLE MISUSE
Minor Child Throwing Dry Erase Board Was Not Foreseeable Misuse Of The Product
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BUSINESS LAW
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CORPORATIONS
Home Purchaser Allowed To Pierce Corporate Veil Against Non-Shareholder of Corporation and Recover Attorneys Fees Even Though Contract Did Not Specifically Use Term “Attorneys Fees”
LANDLORD AND TENANT
Illinois Time Computation Statute Does Not Apply To Lease Requiring Payment Of Rent On First Day Of Each Month
ARBIRTRATION AGREEMENTS
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NURSING HOME LAW
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STATUTE OF LIMITATIONS
