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October 2000, Volume 15
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EMPLOYMENT LAW |
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ADEA/REVERSE RACIAL DISCRIMINATION
Denial Of A Raise May Be An “Adverse Employment Action”
ADA
Driving Instructor With Rheumatoid Arthritis Not “Disabled” Under The ADA
Presentation Of Doctor’s Restrictions Begins The Interactive Accommodation Process
SEXUAL HARASSMENT
Failure To Provide Toilet Facilities To Female Lineman Not Hostile Environment Sexual Harassment
RACE
African-American Called “Stupid” Not Victim Of Racial Discrimination
NATIONAL ORIGIN
Human Resources Director’s Involvement In Layoff Selection Not Pretext
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GENERAL TORTS |
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NEGLIGENCE
Claims Of Sexual Abuse By Priest Barred By Statute Of Limitations
LIBEL/SLANDER
Defamation Found Against Tribune Columnist
SOVEREIGN IMMUNITY
Foster Parents Not Entitled To Sovereign Immunity
STATUTORY VIOLATIONS
Roller Skating Rink Safety Act Requires Notice Of Danger
Stable Owners Carry A Burden Under The Domestic Animals Running At Large Act
CONTRIBUTION
The Supreme Court Rules On A Fourth Party Contribution Claim
WRONGFUL DEATH
Poor Performance By 911 Team Leads To Potential Liability For The City
DAMAGES
Court Refuses Request To Reduce Award Of $9 Million In Non-Economic Damages
Prior Injuries To The Same Part Of The Body Only Admissible With Expert Testimony
Request For Setoff Need Not Be Filed Within Thirty Days Of Judgment
CAUSATION
No Need To Prove Negligence Of Third Party To Obtain Sole Proximate Cause Instruction
CONTRIBUTORY NEGLIGENCE
Seventh Circuit Holds That Plaintiff ’s Contributory Negligence Can Bar Recovery In Strict Liability Action
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INSURANCE COVERAGE |
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Valet Parker Entitled To Coverage Under Automobile Owner’s Vehicle Liability Policy
Automobile Dealer’s Policy Was Solely Primary Where Accident Occurred Involving A Test Drive
No Distinction Between Vehicles Loaned To Customers And Vehicles Test Driven By Customers For Insurance Purposes
Estoppel By Prior Criminal Conviction Allowed For Application Of “Expected Or Intended” Exclusion
Term “Flood” Not Ambiguous As Used In Exclusion To Homeowner’s Policy
Allegations Of Civil Conspiracy Not An Accidental “Occurrence”
Insurance Binder Is Not Equal To An Actual Policy Of Insurance For Purpose Of An Automatic Termination Clause
Imposition Of Rule 137 Sanctions Does Not Give Rise To Action For “Malicious Procecution” Within CGL Policy
Repayment Of Funds To Which Insured Had No Right To Possess Not “Loss” Within Meaning Of Fiduciary Policy
Disclaimer In Certificate Of Insurance Adequately Puts Additional Insured On Notice Of Potential Exclusions
Reservation Of Rights Letter Adequately Preserves “Occurrence” Issue
Delay In Notice Reasonable Where Insured Did Not Believe It Would Be Sued
“ForA Fee” Exclusion In Motor Vehicle Policy Found To Be Ambiguous
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INTERNATIONAL LAW |
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PERSONAL JURISDICTION
Court Lacked Personal Jurisdiction Where Plaintiff Failed To Show That Foreign Corporation Was An Alter Ego Doing Business In Pennsylvania
DISCOVERY ISSUES
Hague Evidence Convention Is Not Exclusive Or Mandatory Procedure To Obtain Information From Foreign Signatory
Plaintiffs Attempt To Serve Process On Canadian Company Pursuant To Hague Service Convention Was Insufficient
Foreign Non-party Required To Produce Materials In Its Posession, Custody Or Control
SOVEREIGN IMMUNITY
Foreign Sovereign Denied Immunity Under Foreign Sovereign Immunity Act Where It Exercised Excessive Control Over Instrumentality
WARSAW CONVENTION
Motion For Summary Judgement Granted Where Incident Causing Injury Was Not An Accident Under The Warsaw Convention
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TOXIC TORTS/ENVIRONMENT |
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ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
IEPA Has No Authority To Modify Emission Limitations In Previously Issued Permit
INSURANCE COVERAGE
Pollution Exclusion In Policy Precludes Coverage For Spill Of Dry Cleaning Chemicals
SETTLEMENT AGREEMENT
Specific Performance Is Appropriate Remedy For Breach Of Agreement
RESEARCH NATURAL AREAS
Challenge To Designation Must Be Brought Pursuant To Quiet Title Act
ENVIRONMENTAL PROTECTION ACT
“Operator” Status Determined By Specific Facts Of Case As A Whole
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PRODUCT LAW |
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TOBACCO LITIGATION
Seventh Circuit Affirms Summary Judgment For Tobacco Companies
PERSONAL JURISDICTION OVER FOREIGN MANUFACTURERS
Illinois Courts May Establish Personal Jurisdiction Over Foreign Manufacturers Under A “Conspiracy Theory”
EXPERT WITNESSES
Plaintiffs’ Expert’s Failure To Offer Sufficient Support For Opinions Regarding Alternative Product Designs and Alternate Warnings Renders Such Opinions Inadmissible Under Daubert
Expert’s Use of Computer Accident Reconstruction Simulations Fail Under Daubert Test
EVIDENCE
Evidence Of Previous Consumer Complaints Ruled Inadmissible By Iowa Supreme Court
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BUSINESS LAW |
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CREDITOR’S RIGHTS
Judgment Creditor’s Lien Was Subordinate To Mortgage Assignee
UNIFORM COMMERCIAL CODE
Remedy Limitation Was Reasonable Because Buyer Received The Benefit Of Its Bargain
SECURITIES LAW
Purchaser Of Securities Seeking To Void The Purchase Must Affirmatively State That Rescission Is Based On Illinois Law
FAIR CREDIT REPORTING ACT
Fair Credit Reporting Act Provides A Private Cause Of Action To Consumers Against Furnishers Of Credit InformationFor Failure To Investigate Disputed Debts.
NON-COMPETITION AGREEMENT
Non-Competition Agreement Associated With Gift Of Trade Secrets Was Unenforceable
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