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July 2001, Volume 18
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EMPLOYMENT LAW |
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ADA
Disabled Professional Golfer Permitted To Use Golf Cart Under ADA
Employer Not Required To Offer Special Training To Disabled Salesperson
For A Diabetic Eating Is Major Life Activity Under The ADA
RETALIATION
Isolated Incident Insufficient To State Claim Under Title VII
ADA
Disabled Professional Golfer Permitted To Use Golf Cart Under ADA
Employer Did Not Have To Provide a Helper To Reasonably Accommodate Employee
SEX/AGE DISCRIMINATION
Employment Agreement Not Pretext For Discrimination
DAMAGES UNDER TITLE VII
Front Pay Not Subject To Damages Cap In Title VII Action
Restaurant’s Good Faith Defense Invalidates Punitive Damages
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GENERAL TORTS |
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GENERAL TORTS
Loss Of Consortium Claim Must Be Tried Along With Underlying Cause Of Action
SPOLIATION OF EVIDENCE
Duty to Maintain Evidence May Exist After Settlement
PREMISES LIABILITY
Village Owed No Duty To Pedestrian Who Was Not Intended User Of Median
City Owes No Duty To Bicyclist Who Was Not Intended User Of Street
RESPONDEAT SUPERIOR
City Not Liable For Accident Caused By Drunken Off-Duty Police Officer
Per Diem Damage Argument Improper
EVIDENCE
Statement By An Agent May Constitute Admission
Medical Records Of Non-Parties Not Discoverable, Yet Access To School Records Is Permissible
OPEN AND OBVIOUS
Stairs Not an Open and Obvious Danger
DUTY
Foreseeability Doctrine Bars Recovery of Child Injured by Conveyor Belt
DRAMSHOP
Dramshop Act Does Not Preempt Claim For Negligent Failure To Care For Intoxicated Person
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INSURANCE COVERAGE |
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Additional Insured Entitled To Full Indemnification In Settlement
Insured May Not Bring Section 155 Claim In Arbitration Proceeding
Exclusion In Errors And Omissions Policy Barred Coverage For Agent In Premium Dispute With Carrier
Automobile Dealer’s Liability Policy Did Not Limit Coverage To Limits Required For Individuals In Mandatory Insurance Law
Excess UIM Clause In Automobile Policy Upheld
Question of Fact OfWhether Employers Liability Exclusion Applied To Injury Suffered In Utero By Employee’s Child
Carrier Need Not Show Prejudice When Insured Breaches Notice Of Occurrence Provision
Carrier Estopped From Asserting Other Insurance Endorsement As To Additional Insured
Failure To Maintain Proof Of Mailing Prohibited Carrier From Relying On Policy Amendment
Students Lining Up Next To School Bus Sufficiently “Occupying” Bus For Purposes Of UIM Coverage
“Employer’s Liability” Exclusion Found Inapplicable To Third Party Action Against Employer Based On “Insured Contract” Exception
Doubt On Validity Of Cancellation Allowed For Imposition Of Estoppel
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INTERNATIONAL LAW |
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FORUM NON CONVENIENS
Defendant Successful In Dismissing Plaintiffs’ Action In U.S., In Favor Of Argentina As Alternative Forum
PERSONAL JURISDICTION
Activities Of French Corporation’s U.S. Holding Company Subsidiaries Did Not Subject French Corporation To Personal Jurisdiction Under California Law
Activities Of English Insurance Company’s Subsidiaries In U.S. Did Not Subject The English Company To Personal Jurisdiction Under New Jersey Law
ENFORCEMENT OF FOREIGN SETTLEMENT
German Settlement Agreement Between Licensor And Defendants Did Not Preclude U.S. Licensee From Maintaining Lawsuit In U.S. Based On Defendants Actions In U.S.
SERVICE OF PROCESS
Mexican Manufacturer Of Ladder Subject To Personal Jurisdiction In New York And Improper Service Of Process Not Grounds For Dismissal Where Case Actively Litigated For Two Years Before Issue Was Raised
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TOXIC TORTS/ENVIRONMENT |
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CLEAN WATER ACT
Plaintiff ’s Claim Barred By Failure To Show Compensible Injury
Agency Properly Considered All Criteria In Issuing Water Quality Certification
CLEAN AIR ACT
Environmental Protection Agency Barred From Considering Implementation Costs In Setting National Ambient Air Quality Standards
LEAD POISIONING
Medical Records Of Non-Party Relatives Not Discoverable As Protected By Physician-Patient Privilege
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PRODUCT LAW |
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“PRODUCT LINE” LIABILITY
Successor Corporation Not Liable Under “Product Line”Theory
FEASIBLE ALTERNATE DESIGN
Injured Passenger Prevails When Court Finds Feasible Alternate Design For Sport Utility Vehicle
DESIGN DEFECT/DUTY TO WARN
Worker’s Prior Knowledge Of Shearing Machine’s Dangers Defeats Failure To Warn Claim
TOBACCO LITIGATION
Retailers Not Proper Defendants In Tobacco Litigation Alleging A Failure To Warn Of Cigarette Hazards
DESIGN DEFECT
Distributor Of Medical Implant Not Liable In Design Defect Case Where Product Remained Problem-Free Through Period Of Anticipated Usefulness
STATUTE OF REPOSE
Plaintiff Unable To Circumvent Statute Of Repose In Equipment Design Case
MEDICAL PRODUCT DESIGN
Expert’s Testimony Prevented Summary Judgment In Medical Product Design Case
MISUSE
Storage Of Pistol Under Mattress By Parents Constitutes Misuse In Child Death Case
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BUSINESS LAW |
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TRADEMARK INFRINGEMET
Michael Wins Again in Dispute Over JORDAN Trademark
COMPUTER FRAUD AND ABUSE ACT
Corporation Stated Cause of Action Against Industry Competitor For Appropriating Trade Secrets By E-Mail
Former Employee Criminally Convicted for Tampering with Computer System
CORPORATIONS
Administratively Dissolved Corporation Can File Suit But Cannot Go To Trial Until It Pays Delinquent Taxes
Corporate Officer is Personally Liable for Debt Arising During Administrative Dissolution
FRAUD
Party Cannot Enter Into Contract With Eyes Closed And Later Cry Fraud
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