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July 2006, Volume 37
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EMPLOYMENT LAW
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RETALIATION
U.S. Supreme Court Finds Forbidden Retaliatory Conduct Not Confined to Occurrences at Workplace but Covers Only Those Actions that Are Materially Adverse to Reasonable Employee or Job Applicant
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
Seventh Circuit Finds State-Law Claim of Intentional Infliction of Emotional Distress Not Preempted by Illinois Human Rights Act
AGE DISCRIMINATION
Church Music Director’s Position Fell Within Ministerial Exception to ADEA
HOSTILE WORK ENVIRONMENT
Commander of Fire Unit Not “Supervisor” for Purpose of Title VII
RACE DISCRIMINATION
Plaintiff Fails to Establish Prima Facie Case for Race Discrimination Claim
REHABILITATION ACT
Plaintiff Not Disabled Within Meaning of Rehabilitation Act
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GENERAL TORTS
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DISCLOSURE OF MENTAL HEALTH RECORDS
Confidentiality Act and Dependency Act Apply Retroactively
DELAY OF SERVICE OF PROCESS – RULE 103(b)
One Year Delay In Service Allowed Due To Special Circumstances
PRODUCT LIABILITY
Designer Of Product Not Immune From Liability By Marketing Product Through Subsidiary
FORUM NON CONVENIENS
Case Transferred To Missouri Upon Reconsideration
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INSURANCE COVERAGE
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Carrier Not Obligated to Defend Insureds When Reasonable Notice Regardless of Whether Prejudiced Caused to Carrier
Insured Can Rely on Third Party Complaint to Determine Carrier’s Duty to Defend
Carrier Fulfilled Duty and Was Not Estopped When Declaratory Judgment Action Filed Seven Months After Receiving Notice of Underlying Lawsuit
Carrier Not Obligated to Defend Additional Insured For Additional Insured’s Sole Negligence
Carrier Not Obligated to Defend Insureds Pending Rescission
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INTERNATIONAL LAW
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FORUM NON CONVENIENS
Foreign Plaintiffs’ Choice of Forum Entitled to Great Deal of Deference
Forum Non Conveniens Motion Denied When Plaintiffs Were Headquartered in New York
FOREIGN SOVEREIGN IMMUNITIES ACT
Tort Exception to Foreign Sovereign Immunities Act Does Not Apply If Employee of Foreign State Not Acting Within Scope of Employment
Court Concluded State-Sponsored Terrorism Exception to FSIA Applied
ACT OF STATE DOCTRINE
Act of State Doctrine Precluded Federal Courts From Deciding State Law Claims
TORTURE VICTIM PROTECTION ACT AND POLITICAL QUESTION DOCTRINE
Claim Under Act Barred by Political Question Doctrine
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PRODUCT LAW
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SUCCESSOR LIABILITY
New York Rejects “Product Line” Liability
STATUTE OF REPOSE
Repose Period in Aviation Defect Case Governed By Federal Law
AFFIRMATIVE DEFENSES
In Matter of First Impression, Tobacco Manufacturer Can Plead Smoker Assumed Heightened Risk of Lung Disease
FAILURE TO WARN
Consumer’s Failure to Read Warnings Discharges Manufacturer’s Duty to Warn
ALTERNATIVE PRODUCT LIABILITY
Consumer’s Failure to Identify Specific Infected Food Manufacturer Does Not Dispose of Case
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BUSINESS LAW
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PARTNERSHIPS
Limited Partners’ Action Against General Partners Derivative in Nature; Because Judgment Benefited Partnership as Whole, Partnership Not Necessary Party to Suit
ILLINOIS CONSMER FRAUD ACT
Auto Dealer’s Failure to Inform Buyers of Possibilities of Obtaining Financing With Terms More Favorable to Them and Failure to Translate Financing Documents Into Spanish Not Actionable Under Illinois Consumer Fraud Act
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NURSING HOME LAW
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SEXUAL ASSAULT
