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July 2003, Volume 25
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EMPLOYMENT LAW |
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TITLE VII
U.S. Supreme Court Rules Direct Evidence of Discrimination Not Required To Prove Employment Discrimination In Mixed-Motive Cases
ADA
U.S. Supreme Court Adopts Six Factor Inquiry to Determine Whether Director-Shareholders Should Be Counted As “Employees”
ADA and FMLA
Summary Judgment Precluded When Questions Whether Employee’s Condition Rendered Him Unable to Work or Give Notice
ADA/REHABILITATION ACT
Plaintiff Failed to Establish Non-Discriminatory Reason for Termination Was Pretextual
SEXUAL HARASSMENT
Issue Existed Whether Employee Failed to Avail Herself of Sexual Harassment Reporting Procedures
ADEA
Employee Failed to Present Evidence That Proffered Reason Was Pretextual
RACE
No Abuse of Discretion in Refusing to Admit Evidence of Discrimination
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GENERAL TORTS |
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COMMENT ON THE RECENT “ANTI-UNZICKERAMENDMENT”
DUTY
Contractors That Do Not Retain Control Over Operative Details Of Work Owe No Duty Of Care To Subcontractors’ Employees
CONTRIBUTION AMONG JOINT TORTFEASORS
Defendants May Not Look To Parents Of Tort Victim For Contribution If Parents Could Not Be Directly Liable To Child
Settlement Agreement Limiting One Defendant’s Liability To Limits Of Insurance Policy Is Permissible
PROXIMATE CAUSE
Reasonable Jury Could Find Faulty Medical Treatment To Be Foreseeable Result Of Wrongful Imprisonment
WORK-RELATED INJURIES
“Dual Capacity Doctrine”Not Implicated Simply By Employer Changing, Modifying, Or Altering Machinery Utilized By Employees
NEGLIGENCE
Res Ipsa Loquitur Claims Against Multiple Defendants Can Survive Motion To Dismiss
ANIMAL CONTROL ACT
Assumption of Risk Defense For Participants in Equine Activity Applies Only To Equine Activity Sponsors and Professionals
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INSURANCE COVERAGE |
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Named Driver Exclusion Does Not Violate Illinois Public Policy
Allegations Of Complaint,Not Hypothetical Version OfWhat Could Have Been Pleaded, Controls In Determining Whether Coverage Is Owed
Carrier Estopped From Asserting Coverage Defenses When It Represents Insured In Underlying Action Where Conflicts Of Interest Are Present
Complaint Need Not Be Filed Against Insured To Trigger Carrier’s Duty To Defend
Underinsured Motorist “Reasonable Belief ” Exclusion Applies When Driver Does Not Have Valid Driver’s License
Neither Illinois Vehicle Code Nor Public Policy Requires Rental Car Owners’ Carriers To Provide Primary Coverage
Automobile Exclusion In CGL Policy Does Not Violate Public Policy
Effective Date ofWorkers Compensation Policy Should Be Reformed By Court To Reflect True Intent Of Parties
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INTERNATIONAL LAW |
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U.N.CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS
Forum Selection Clauses In Invoices Not Part Of Contract Between Parties Under The CISG
RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS
Court Authorized to Remand Arbitration Award to Arbitrator to Clarify Ambiguity in Award
INTERNATIONAL TRADE
California Equipment Dealers Act Applied To Decision Of English Company To Not Renew Distributor Agreement With California Distributor
Due Process Rights Do Not Attach To Imposition Of Antidumping Duties Under Byrd Amendment To Antidumping Act Of 1921 Because Duties Not Punitive In Nature
FOREIGN SOVEREIGN IMMUNITIES ACT
Non-Immune Foreign State Subject Under FSIA To Federal Common Law For Determining Amount Of Damages A Plaintiff Can Recover
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TOXIC TORTS/ENVIRONMENT |
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SECOND HAND SMOKE
Employer Found Liable for Lack of Enforcement of Non-Smoking Policy
CERCLA
CERCLA Bars Claim For Equitable Relief
ASBESTOS
Conflicting Evidence of Exposure to Company’s Asbestos Containing Products Determined Sufficient to Defeat Company’s Motion for Summary Judgment
New Legislation Introduced to Resolve Asbestos Claims
CLEAN WATER ACT
Unauthorized Sewer Installation Causes Discharge of Pollutants and Violation of Clean Water Act
ILLINOIS ENVIRONMENTAL PROTECTION ACT
Relief Sought For City ofWaukegan Biosolids Reuse Project
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PRODUCT LAW |
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PRODUCT MISUSE
Indiana’s Emergent Trend of Defensive Summary Judgment in Product Misuse Cases
STATUTE OF REPOSE
Anti-Fraud Provisions of Aviation Act Toll Statute of Repose
EXPERT TESTIMONY
Champagne Cork Expert Stays Off Summary Judgment for Valentine’s Day Victim
Bald Testimony of Plaintiff Insufficient to Sustain Burden in Faulty Hair Weave Case
SPOLIATION OF EVIDENCE
Manufacturing Defect Cases Require Equal Opportunity to View Mechanical Failure
INFANT SAFETY
Consumer Should Expect Infant Mobility Through Use Of Walker
Tenth Circuit Rejects Subjective Test For Injuries To Infant
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BUSINESS LAW |
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CONTRACT LAW
Noncompetition Agreements Are Valid If They Are Reasonable
Partial Payment After Known Breach Constitutes Ratification
Non-Compliance With Deadline Is Breach That May Result In Award Of Prejudgment Interest
Agreed Order May Modify Terms of Contract
CONTRACTUAL REMEDIES
Declaratory Judgment
CREDIT SERVICES ORGANIZATIONS ACT
Seller Not Subject to Credit Services Organizations Act When Financing Agreement Ancillary to Sale of Goods or Services
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NURSING HOME LAW
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NEGLECT
Health Care Facility’s Duty to Supervise Vulnerable Adult Resident Overrides Adult’s Right of Unfettered Choice
STANDING TO SUE
Daughter of a Nursing Home Resident Had No Standing to Sue
PRE-SUIT REQUIREMENTS
Question of Negligence Under Louisiana Medical Malpractice Act
ADMINISTRATIVE LAW
Administrative Order Rejecting Nursing Home’s Request for Interim Medicaid Rate Increase Reversed
RESPONDENT IN DISCOVERY
Probable Cause Existed to Convert Nursing Home from a Respondent in Discovery to Defendant in Wrongful Death Suit
NOTEWORTHY VERDICTS
Arkansas Supreme Court Finds $78.43 Million Jury Verdict “Excessive”
Federal Appellate Court Reduces Verdict Against Nursing Home From $1.68 Million to $80,000
NEW ILLINOIS LEGISLATION
Licensure Fees Under Nursing Home Care Act Raised
Amendments to Abused and Neglected Long Term Care Facility Residents’ Reporting Act
Elder Abuse Training and Educational Program Established
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