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July 2005, Volume 33

AGE
Comparable Employees Were Those Working in Same Warehouse, Not Sister Warehouse

AGE AND RACE
Time-Barred Acts Can Be Used as Support for Timely Filed Race and Age Claim

ADA
Evidence of Employer’s Pretextual Justification for Termination Cannot Be Relied on to Establish Prima Facie Case

RACE AND RETALIATION
Caucasian’s Allegations of Racial Harassment Against African-American Workers Insufficient to Establish Workplace Hostile for Caucasians

NATIONAL ORIGIN
“Plantation Mentality” Comment Created Issue for Jury in Discrimination Action

SEX DISCRIMINATION AND HOSTILE WORK ENVIRONMENT
Plaintiff Failed to Establish Prima Facie Case of Sex Discrimination/Hostile Environment

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DUTY OF CARE
General Contractor Had No Duty Of Care To Injured Employee Of Sub-Contractor

The Distraction Exception to the Open And Obvious Defense

EVIDENCE
Spoliation Of Evidence – As Allegation And As Motion For Sanctions

STANDARD OF CARE
Common Carrier vs. Private Carrier

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No CGL Coverage For Underlying Case Alleging Damage To Collapsed Wall During Building Construction

Carrier Not Entitled to Setoff Uninsured Motorist Payments By Amounts Paid As Benefits to Insured Under Illinois Pension Code

Plea to Reckless Conduct By Insured In Criminal Action Does Not Establish Application of Expected Or Intended Acts Exclusion For Coverage In Related Civil Action

Named Vehicle Exclusion Properly Excluded UIM Coverage For Injured Passengers To Prevent Double Recovery Under Same Policy’s Liability Coverage

Disability Due to Syndrome Developed In Occupation Constitutes Accidental Bodily Injury Under Disability Policy

Food Delivery Exclusion Applicable To Insured And Permissive Drivers Not In Violation of Public Policy

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BREACH OF CONTRACT
Indemnification Provision Held To Be Applicable When Financial Statements Prepared By Seller For Chinese Authorities Misrepresented Actual Liabilities

TRADEMARK LAW
Prior Foreign Registration Did Not Excuse Seller From Requirement That Mere Surnames Had To Have Acquired Distinctiveness In Order To Be Registerable

INTERNATIONAL TRADE
Bureau of Customs and Border Protection’s Policy Of Requiring Importers To Post At Least 100% Of Bond Was Reasonable

FORUM NON CONVENIENS AND INTERNATIONAL COMITY
After Applying Balancing Test and Giving Some Deference To Plaintiff’s Forum Choice, Motion To Dismiss For Forum Non Conveniens and International Comity Denied

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ILLINOIS
Actions Pursuant to CERCLA and RCRA Brought Against City of Chicago

Cost Recovery and Contribution Sought Pursuant to CERCLA

Quarry Owners Challenge Permit Fees on Holders of NPDES Permits

CERCLA
Matter of First Impression in Supreme Court of Alaska

SOLID WASTE DISPOSAL ACT
Supreme Court of Texas Decides Intended Scope of “Arranger Liability”

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OPEN AND OBVIOUS DANGERS
Open And Obvious Danger Posed By Product Not Absolute Bar To Recovery on Claim Of Defective Design Predicated on Negligence

CONSTITUTIONAL LAW
Statute of Repose does Not Violate Indiana State Constitution

FOOD PRODUCTS LIABILITY
Minnesota Supreme Court Rules That Reasonable Expectation Test Applied In Food Defect Cases

New York Appeals Court Takes Different View

PREEMPTION
Federal Aviation Administration Regulations Preempted State Law Duty To Warn

STATUTORY CONSTRUCTION
District of Columbia Not Entitled To Recover under Weapons Liability Act

EVIDENCE
Similar Incidents Relevant To Deep-Fryer Scalding

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CONTRACT LAW
Michael Jordan’s Confidentiality Agreement Did Not Violate Public Policy

Limitation Of Class Arbitration Is Unenforceable

UNAUTHORIZED PRACTICE OF LAW
Preparation of Mortgage Documents By Bank Does Not Give Rise To Private Action For Unauthorized Practice Of Law

MECHANICS LIEN LAW
Failure To Verify Claim Invalidates Lien

TRADE SECRETS
Customer Lists Found Not To Be Trade Secret

APPELLATE PRACTICE
Appeal Of Order Denying Motion To Compel Arbitration Must Be Filed Within 30 Days Of Order

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