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April 2007, Volume 40
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EMPLOYMENT LAW
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RETALIATION
Section 1981 Applies to Retaliation Claims
DISABILITY DISCRIMINATION
Endometriosis Not Disability Under ADA
FMLA INTERFERENCE
Employee Establishes Case for FMLA Interference
HOSTILE WORK ENVIRONMENT
Laches Defense Bars Employees’ Hostile Work Environment Claims
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GENERAL TORTS
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RESPONDEAT SUPERIOR
Employer Not Liable For Employee’s HIPAA Violation
PREMISES LIABILITY
Duty of Care to Minor Child Where Parent is Present
DUTY OF CARE
Dealership Leaves Keys In Unattended Vehicle
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INSURANCE COVERAGE
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Indemnity Agreement Not an “Insured Contract” Under CGL Policy
Legal Title Not Necessary to Qualify as “Owned” Vehicle Under Policy
Alleged Negligent Construction Work Constituted an “Occurrence”
“Wrongful Detention” Applies to Persons only, Not Property
Insured’s Selection Excluding Himself From Worker’s Compensation Coverage Can Act to Withdraw Him from Operation of the Workers’ Compensation Act
Formal Investigation by the SEC Constitutes a “Claim”
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INTERNATIONAL LAW
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FORUM NON CONVENIENS
District Court Grants Forum Non Conveniens Motion
FORUM NON CONVENIENS AND CHOICE OF LAW
District Court Denies Forum Non Conveniens Motion and Applies Its Own Law
PERSONAL JURISDICTION
Fifth Circuit Affirms Dismissal of Russian Defendants for Lack of Personal Jurisdiction
HAGUE SERVICE CONVENTION
Court Denied Request for Default Where There Was No Proof a Summons Was Served
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PRODUCT LAW
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PRODUCT SELLER
Commercial Car Auctioneer Is Not Subject To Strict Liability As A “Seller”
ECONOMIC LOSS
Under North Carolina Law, Economic Loss Doctrine Does Not Bar A Negligence Claim If There Is No Contract Between The Parties
MEDICAL DEVICE AND PHARMACEUTICAL PRODUCTS LIABILITY CASES
Appellate Court Reversed Jury Verdict And Finds That No Claim Exists For Failure To Warn When The Product User Has Independent Knowledge Of Risks
Jury Instruction Advising Jurors To Find For Defendant If Risk Was Unknown At The Time Of Sale Was A Proper Instruction
OPEN AND OBVIOUS DEFENSE
Illinois Supreme Court Conducts Detailed Review Of Products Liability Law And The Open And Obvious Defense
EXPERT TESTIMONY
Sixth Circuit Required Expert to Have Specific Experience With Subject Product
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BUSINESS LAW
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HOME REPAIR AND REMODELING ACT
Home Repair and Remodeling Act Does Not Apply to Subcontractors
BANKING LAW
Bank Did Not Violate Fiduciary Obligations Act
REAL ESTATE LAW
Church Parking Lot Qualified for Tax Exempt Status under the Illinois Constitution and Section 15-40 of the Property Tax Code
CONTRACT LAW
Although Concert Ticket Creates A Limited Property Right To Enter The Land Of Another For A Limited Purpose, It Does Not Create Implied Guarantees Of Timely Arrival Or Appropriate Parking
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NURSING HOME LAW
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NEGLIGENCE VS. RECKLESSNESS
