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July 2004, Volume 29
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EMPLOYMENT LAW |
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SEXUAL HARASSMENT & CONSTRUCTIVE DISCHARGE
U.S. Supreme Court Ruling Allows Affirmative Defense In Some Constructive Discharge Cases
RETALIATION
ADA
Case Did Not Fit in “Expense,” “Disability by Association” or “Distraction” Categories
Plaintiff Could Not Perform Essential Functions of Job With or Without Accommodation
ADA/FMLA
Plaintiff Failed to Refute Employer’s Legitimate Reasons for Suspension and Termination
RACE & RETALIATION
Seventh Circuit Reinstates Jury Verdict In Favor of Plaintiffs
Plaintiff Could Not Establish Case of Discrimination or Retaliation
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GENERAL TORTS |
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PROXIMATE CAUSE
Finding Of No Proximate Cause As A Matter Of Law
DAMAGE
Aggravation Of Pre-Existing Condition Not Separate Element Of Damages
PREMISES LIABILITY
Natural Accumulation Prevented Liability For Lessee Store and Snowplow Company
Landowner Found To Be In Best Position To Prevent Two Car Collision
PRODUCTS LIABILITY
Warning Label Must Be Read By Plaintiff Before It Can Be Found Inadequate
VICARIOUS LIABILITY
Battery Found As Acting Within Scope Of Employment
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INSURANCE COVERAGE |
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Carrier Entitled To Reimbursement Of Defense Costs Where Defense Provided Under Reservation To Contest Coverage And Seek Recoupment
Building Levee Encroaching Upon Neighbors’ Property “Accident” Under Occurrence Policy
Damage To Auto Dealer’s Vehicle Covered By Permissive User’s Policy
Auto Policy Excluding Bodily Injury Arising Out Of Use Of Vehicle In Service For A Fee Violates Mandatory Omnibus Clause Provision
Racketeering And Conspiracy Are Intentional Acts Precluding Coverage Under Homeowners and Personal Activities Policies
Coverage Excluded For Allegations Of Illegal Drug Distribution Under Illegal Drug Exclusion
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INTERNATIONAL LAW |
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FOREIGN DISCOVERY
U.S. Supreme Court Allows Discovery of Foreign Branches of U.S. Corporations in Non-Litigated Matters
District Court Abused Discretion In Ordering Parent Company To Retrieve Documents From Subsidiaries Located Abroad
PERSONAL JURISDICTION
Jet Manufacturer Had Sufficient Contacts With Arkansas For Court To Assert Personal Jurisdiction
SERVICE OF PROCESS
Service of Process By American Plaintiff On English Defendant Through Regular Mail To Post Office Valid Under Hague Convention
INDISPENSABLE PARTIES
District Court Failed To Consider All Salient Factors In Determining Whether Subsidiary Was Indispensable Party
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TOXIC TORTS/ENVIRONMENT |
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ENVIRONMENTAL PROTECTION ACT
Seventh Circuit Upholds Deliberative Process Privilege
10th Circuit Reviews Mandatory Administrative Remedy Provision
CLEAN WATER ACT
Conviction After Violation Of The Clean Water Act Upheld
Draining of Supply Pond Found to Violate Clean Water Act
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PRODUCT LAW |
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PREEMPTION
National Traffic and Motor Vehicle Safety Act Preempts State Law Negligence Claim
MARKET SHARE LIABILITY
Market Share Liability Not Imposed on Leading Manufacturer of Lead Based Paint
AFFIRMATIVE DEFENSES
Assumption of Risk Applied to Occupational Activity
Primary Assumption of Risk In Recreational Activities
EVIDENCE
Plaintiff to Establish Prima Facie Case of Product Liability with Circumstantial Evidence of Non-Specific Defect
PUNITIVE DAMAGES
Conscious Disregard for Life Safety May Warrant the Award of Punitive Damages in Product’s Liability Case
FAILURE TO WARN
1996 Study Linking CIPRO to Achilles Tendon Rupture Enough To Survive Summary Judgment
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BUSINESS LAW |
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BUSINESS – TORT LAW
Officers Personally Liable For Corporate Torts Only When Taking Part In Wrongful Act Giving Rise To Liability
NEGOTIABLE INSTRUMENTS
Imposter Defense Requires Assumption Of Identity
ARBITRATION AGREEMENTS
Arbitration Agreement Must Cover The Dispute at Issue
TELECOMMUNICATIONS ACT
Sharing Customer Information Allowed In Some Instances
CONSUMER FRAUD ACT
Active Participation In Fraud Required
IIMPLIED CONTRACTS
Construction Contractor Cannot Collect Against Landlord For Tenant’s Debt
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NURSING HOME LAW
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DOCUMENT PRODUCTION
Illinois Court Holds Assisted Living Facilities Not Protected Entities Under Illinois Medical Studies Act
DUTY OF CARE
Supreme Court of New Jersey Holds that Mentally Disabled Nursing Home Patient Does Not Owe Caregiver Any Duty of Care
NEGLIGENT PERFORMANCE OF AN UNDERTAKING TO RENDER SERVICES
Pennsylvania Court Reverses Trial Court’s Directed Verdict and Remands Questions Regarding Facility’s Negligence Back to Jury
UNFORESEEABLE FALL
Federal Court in Ohio Holds Fall from Second Floor Balcony Not Foreseeable and Balcony Was “Open and Obvious” Danger
DAMAGES
Louisiana Court Increases Trial Court’s Damages Award in Nursing Home Fall Case
RECENT ISSUES IN THE MEDIA
USA Today Report Exposes Medication Lapses in America’s Assisted Living Facilities
Chicago Tribune Article Questions the Efficacy of Stiffer Fines for Illinois Department of Public Health Violations
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