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July 2002, Volume 21
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EMPLOYMENT LAW |
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ADA
Disabled Workers Have No Right to Potentially Health-Endangering Jobs
Rights Under Seniority System Greater Than Rights Of Disabled
TITLE VII & EEOC
Hostile Work Environment Claim May Include Evidence Of Acts Of Discrimination Outside The Statutory Period
ADA
Congenital Nystagmus Not Recognized Disability Under ADA
Date OfTermination Determined When Employee Receives Unequivocal Notice
TITLE VII & ADEA
No Pretext Inquiry Where Employee Fails to Meet Employer's Expectations
TITLE VII
Lack of Commonality in Supervisors Precludes Finding of Similarly Situated Employees
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GENERAL TORTS |
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DUTY
No Duty To Provide Safe Working Place Where General Contractor Did Not Control Incidental Aspects OfThe Job Site
Franchiser Did Not Voluntarily Undertake To Protect Store Clerk From Criminal Attack
EXPERT WITNESS
Expert Witness Not Permitted To Testify On Inadmissible Hearsay Absent Proper Foundation
INDEMNITY
Indemnity Clause Not Specific Enough To Indemnify Defendant For Its Own Negligence
NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
Summary Judgment Not Proper Where Plaintiff Established Actual Exposure To HIV Virus
OPEN AND OBVIOUS
No Duty To Warn Of Danger Presented By Jumping On Trampoline Because Danger Is Open And Obvious
PROCEDURE
Illinois Attorneys Have Standing To Seek Injunction Against Corporation For Unauthorized Practice Of Law
Release Of Judgment Against OneDriver Did Not Bar Plaintiff From Pursuing Claim Against Second Driver
EVIDENCE
Trial Court's Decision To Bar Testimony Of Previous Dog BiteWas Not Reversible Error
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INSURANCE COVERAGE |
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$2.3 Million Dollar Bad Faith Award Upheld
Business Pursuits Exclusion Bars Coverage Under Homeowners' Policy Issued to Real Estate Developers
Facts Alleged in Additional Insured's Third Party Complaint Against Named Insured Not Considered for Purposes of Determining Coverage
Expanded Definition of "Bodily Injury" in Excess Policy Requires Defense to Misrepresentation Claims
Breach of Cooperation Clause Forfeits Coverage Under Errors and Omissions Policy
Insurance Carrier Issuing Business Auto Coverage and CGL Coverage Obligated to Clarify What Form of Coverage Is Providing Defense to Insured
Addition ofHired and Non-Owned Auto Liability Endorsement to CGL Policy Converts CGL Policy to A Motor Vehicle Liability Policy Requiring UIM Coverage.
Carrier's Claim that Policy is Void Not Subject to Estoppel
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INTERNATIONAL LAW |
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PERSONAL JURISDICTION
Acts In The United States Significant Enough To Warrant Assertion Of Personal Jurisdiction Over Bahamian Corporation
U.S. Courts Lack Personal Jurisdiction Over Russian Manufacturer
Personal Jurisdiction Proper Over Foreign Bank Under FSIA
ENFORCEMENT OF FOREIGN JUDGMENTS
U.S. Courts Could Not Enforce Foreign Arbitration Award Because Of Lack Of Personal Jurisdiction Over Indian Company
U.S. Court Has Personal Jurisdiction To Enforce Arbitration Agreement Over Individual That Signed International Arbitration Agreement On Behalf Of Corporate Entity
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TOXIC TORTS/ENVIRONMENT |
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ASBESTOS LITIGATION
Successor Liability of Asbestos Defendant Limited Under Pennsylvania Law
MOLD DAMAGE
California Considers Policy Exclusion of Mold as Non-Covered Peril
CLEAN WATER ACT
Citizens' Suit Dismissed for Failure to Show Injury From Alleged Discharge
EPA Authority Extends to Regulation of Non-Point Sources of Pollution
PREEMPTION
State Statute Did Not Repeal Municipal Ordinance
PCB
Guidance Document Qualified As "Rule"
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PRODUCT LAW |
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OPEN AND OBVIOUS DANGERS
"Open And Obvious" Danger No Longer Per Se Bar To Strict Products Liability Actions Because Of Emergence Of Risk Utility Test
RISK UTILITY TEST
Jurisdiction Codifies Risk Utility Test; Incorporating It Into State Strict Products Liability Statutory Law
MEDICAL PRODUCT LIABILITY
Federal Guidelines Shield Drug Manufacturers From Defective Design Cases
Latex Gloves Deemed Prescription Drugs For Purposes Of Determining Appropriate Standard For Adjudging Product Defects
STATUTE OF REPOSE
Court Refuses To Extend Exception To Statute Of Repose
SPORTS PRODUCT LIABILITY
Certain Sports Equipment Has Associated Risks Of Injury
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BUSINESS LAW |
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ILLINOIS CONSUMER FRAUD ACT
Proximate Causation Element Requires A PlaintiffTo Show Damage Caused By Actual Deception
Portion of Consumer Fraud Act Applicable Only to New and Used Car Dealers Found Unconstitutional
MOORMAN DOCTRINE
Sub-Contractor Cannot Be Liable In Negligence For Damage To Its Own Work Product
MOORMAN DOCTRINE/CONSUMER FRAUDACT
Lessor of Equipment and Purchaser of Bonds Not Entitled to Economic Damages and Not "Consumers" Under Consumer Fraud Act
ILLINOIS MECHANICS LIEN ACT
Notice Of Lien Pursuant To Section 23(b) Need Not Include Amount Claimed
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NURSING HOME LAW
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NEW LEGISLATION
New York Enacts the Health Care Whistleblower Protection Law
Oklahoma Dentists Oppose Nursing Home Dental Legislation
Oklahoma Governor Signs Nursing Home/Finance Legislation
Attorney Pushes For Federal Nursing Home Legislation
CRIMINAL ACTS BY THIRD PARTIES
Sister of Nursing Home Resident Not Direct Victim of Negligent Infliction of Emotional Distress Claim
Prior Employer Owed No Duty to Resident to Disclose Employee's Alleged Sexual Misconduct
New Jersey Jury Awards $40 Million in Deadly Assault By Home Health CareWorker
Employee Theft Case Settles for $1 Million
BREACH OF CONTRACT
Nursing Home Prevails in Breach of Contract Suit Filed Against the Daughter of Resident
California Supreme Court Declines to Hear Breach of Contract Claim
ATTORNEY FEES
Attorney Fees Limited to One-Third of Damages Brought Under Nursing Home Care Act
NOTABLE SETTLEMENTS AND VERDICTS
Jury Awards $1.5 Million in Elder Abuse Case
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