|
Click on a page icon to download the report in PDF format, or use text links to jump to short report descriptions. To view PDF files you will need a copy of Adobe Acrobat Reader version 3.0 or higher. To download a free copy of Reader click here.
October 2001, Volume 18
|
|
|
 |
|
|
|
 |
EMPLOYMENT LAW |
|
|
ADA
Disabled Professional Golfer Permitted To Use Golf Cart Under ADA
Employer Not Required To Offer Special Training To Disabled Salesperson
For A Diabetic Eating Is Major Life Activity Under The ADA
Consultant Who Suffered From Panic Attacks Not Qualified Individual Under ADA
RETALIATION
Isolated Incident Insufficient To State Claim Under Title VII
SEX/AGE DISCRIMINATION
Employment Agreement Not Pretext For Discrimination
DAMAGES UNDER TITLE VII
Front Pay Not Subject To Damages Cap In Title VII Action
Restaurant's Good Faith Defense Invalidates Punitive Damages
Discriminatory Discharge Necessary To Be Entitled To Lost Pay
TITLE VII/GENDER DISCRIMINATION
Post-Complaint Harassment Not Actionable Without Gender Basis
EEOC
Failure To Name Parent Company In EEOC Charge Fatal To Claim
BACK TO TOP
|
|
|
GENERAL TORTS |
|
|
GENERAL TORTS
Loss Of Consortium Claim Must Be Tried Along With Underlying Cause Of Action
SPOLIATION OF EVIDENCE
Duty to Maintain Evidence May Exist After Settlement
PREMISES LIABILITY
Village Owed No Duty To Pedestrian Who Was Not Intended User Of Median
City Owes No Duty To Bicyclist Who Was Not Intended User Of Street
One-Inch Defect On Sidewalk De Minimis,Not Actionable
RESPONDEAT SUPERIOR
City Not Liable For Accident Caused By Drunken Off-Duty Police Officer
EVIDENCE
Statement By An Agent May Constitute Admission
Medical Records Of Non-Parties Not Discoverable, Yet Access To School Records Is Permissible
Mental Health Records Not Discoverable
Circumstantial Evidence Of Driver's Cell Phone Use Admissible
OPEN AND OBVIOUS
Stairs Not an Open and Obvious Danger
DUTY
Foreseeability Doctrine Bars Recovery of Child Injured by Conveyor Belt
No Duty Of Care Owed To Partygoer Shot By Alleged Gang Member
Duty To Ensure Plane Was Airworthy Was Delegable
Student Was "In Custody" Of Assaulting Employer
McDonald's Not Responsible For Off-Duty Employee
DRAMSHOP
Dramshop Act Does Not Preempt Claim For Negligent Failure To Care For Intoxicated Person
DEFAMATION
Absolute Privilege Existed In Evaluation Of Police Officer's Job Performance
BACK TO TOP
|
|
|
INSURANCE COVERAGE |
|
|
Additional Insured Entitled To Full Indemnification In Settlement
Insured May Not Bring Section 155 Claim In Arbitration Proceeding
Exclusion In Errors And Omissions Policy Barred Coverage For Agent In Premium Dispute With Carrier
Automobile Dealer's Liability Policy Did Not Limit Coverage To Limits Required For Individuals In Mandatory Insurance Law
Excess UIM Clause In Automobile Policy Upheld
Question of Fact OfWhether Employers Liability Exclusion Applied To Injury Suffered In Utero By Employee's Child
Carrier Need Not Show Prejudice When Insured Breaches Notice Of Occurrence Provision
Carrier Estopped From Asserting Other Insurance Endorsement As To Additional Insured
Failure To Maintain Proof Of Mailing Prohibited Carrier From Relying On Policy Amendment
Students Lining Up Next To School Bus Sufficiently "Occupying" Bus For Purposes Of UIM Coverage
"Employer's Liability" Exclusion Found Inapplicable To Third Party Action Against Employer Based On "Insured Contract" Exception
Doubt On Validity Of Cancellation Allowed For Imposition Of Estoppel
Supreme Court Rules Automobile Business Exclusion Violates Public Policy
Standard Commercial General Liability Definition Of "Property Damage"Does Not Include Non-Physical Injury To Property
If Additional Insured Not Expressly Named In Policy,Awareness Of Suit Against Additional Insured Does Not Necessarily Constitute "Actual Notice"To Insurance Carrier.
Insured's Failure To Notify Carrier Of "Occurrence' That May Result In Claim Under Policy Can Be Excused If Insured Had Reasonable Belief It Would Not Be Sued
Alleged Defamation Need Not Be Directed At Underlying Plaintiff To Trigger Advertising Injury Coverage
Alleged Defective Construction Of Roof, Without Allegations Of Damage To Items Other Than Roof And Building Itself,Held Insufficient To Constitute "Occurrence"
BACK TO TOP
|
|
|
INTERNATIONAL LAW |
|
|
FORUM NON CONVENIENS
Defendant Successful In Dismissing Plaintiffs' Action In U.S., In Favor Of Argentina As Alternative Forum
PERSONAL JURISDICTION
Activities Of French Corporation's U.S. Holding Company Subsidiaries Did Not Subject French Corporation To Personal Jurisdiction Under California Law
Activities Of English Insurance Company's Subsidiaries In U.S. Did Not Subject The English Company To Personal Jurisdiction Under New Jersey Law
ENFORCEMENT OF FOREIGN SETTLEMENT
German Settlement Agreement Between Licensor And Defendants Did Not Preclude U.S. Licensee From Maintaining Lawsuit In U.S. Based On Defendants Actions In U.S.
SERVICE OF PROCESS AND PERSONAL JURISDICTION
Mexican Manufacturer Of Ladder Subject To Personal Jurisdiction In New York And Improper Service Of Process Not Grounds For Dismissal Where Case Actively Litigated For Two Years Before Issue Was Raised
DECLARATORY JUDGMENT ACTIONS
French Company Dismissed From Declaratory Judgment Action In U.S. Federal Court Under The Declaratory Judgment Act
RECOGNITION OF FOREIGN JUDGMENTS
No Abuse Of Discretion In Granting Comity To French Courts Relating To Ownership Of U.S. Patent Under French Contract
FOREIGN SOVEREIGN IMMUNITIES ACT
Canadian Insurer Not Bound By U.S. Court Judgment As To Amount Of Liability Under Its Policies
U.S. Federal Court Jurisdiction Not Clear Where Irish Insurer Was Not A Foreign State Under The "Majority Owned" Prong Of The Foreign Sovereign Immunities Act
BACK TO TOP
|
|
|
TOXIC TORTS/ENVIRONMENT |
|
|
CLEAN WATER ACT
Plaintiff 's Claim Barred By Failure To Show Compensible Injury
Agency Properly Considered All Criteria In Issuing Water Quality Certification
Consent Decree Enforceable Even Though Supreme Court Decision Limited Definition Of Navigable Waters
Evidence Of Prior Acts Admissible
CLEAN AIR ACT
Environmental Protection Agency Barred From Considering Implementation Costs In Setting National Ambient Air Quality Standards
ILLINOIS ENVIRONMENTAL PROTECTION ACT
Removal To Federal Court Not Warranted When Federal Jurisdiction Not Established
LEAD POISIONING
Medical Records Of Non-Party Relatives Not Discoverable As Protected By Physician-Patient Privilege
BACK TO TOP
|
|
|
PRODUCT LAW |
|
|
"PRODUCT LINE" LIABILITY
Successor Corporation Not Liable Under "Product Line"Theory
FEASIBLE ALTERNATE DESIGN
Injured Passenger Prevails When Court Finds Feasible Alternate Design For Sport Utility Vehicle
DESIGN DEFECT/DUTY TO WARN
Worker's Prior Knowledge Of Shearing Machine's Dangers Defeats Failure To Warn Claim
TOBACCO LITIGATION
Retailers Not Proper Defendants In Tobacco Litigation Alleging A Failure To Warn Of Cigarette Hazards
DESIGN DEFECT
Distributor Of Medical Implant Not Liable In Design Defect Case Where Product Remained Problem-Free Through Period Of Anticipated Usefulness
STATUTE OF REPOSE
Plaintiff Unable To Circumvent Statute Of Repose In Equipment Design Case
MEDICAL PRODUCT DESIGN
Expert's Testimony Prevented Summary Judgment In Medical Product Design Case
MISUSE
Storage Of Pistol Under Mattress By Parents Constitutes Misuse In Child Death Case
LEARNED INTERMEDIARY DOCTRINE
Recovery Barred In Death Of Spouse After Taking Wife's Prescription Medication Sample
Learned Intermediary Doctrine Is Not Bar To Action Against Distributors Of Medical Device
SOPHISICATED USER DOCTRINE
Supplier Of Silica Sand Not Liable For Failing To Warn Of Health Risks
DUTY TO WARN
No Continuing Duty To Update Warnings Concerning Product Dangers Discovered After Sale
OPEN AND OBVIOUS DANGER
Placing Hands Into Running Bag-Manufacturing Machine Precluded Recovery
STRICT PRODUCT LIABILITY
Injured Hunter Failed To Establish Connection Between Defective Safety Belt And Alleged Manufacturer
BACK TO TOP
|
|
|
BUSINESS LAW |
|
|
TRADEMARK INFRINGEMET
Michael Wins Again in Dispute Over JORDAN Trademark
COMPUTER FRAUD AND ABUSE ACT
Corporation Stated Cause of Action Against Industry Competitor For Appropriating Trade Secrets By E-Mail
Former Employee Criminally Convicted for Tampering with Computer System
CORPORATIONS
Administratively Dissolved Corporation Can File Suit But Cannot Go To Trial Until It Pays Delinquent Taxes
Corporate Officer is Personally Liable for Debt Arising During Administrative Dissolution
FRAUD
Party Cannot Enter Into Contract With Eyes Closed And Later Cry Fraud
BUSINESS CORPORATIONS ACT
Private Corporation Must File Election To Buy Back Petitioning Shareholder's Stock Within 90 Days Of Initial Complaint
IMPLIED COVENENT OF GOOD FAITH
Breach Of An Implied Covenant Of Good Faith Is Not A Separate Cause Of Action
COMMERCIAL DEFAMATION
Property Owner's Letter Terminating Construction Contractor Was Not Defamatory
ELECTRONIC ADVERTISING
False And Misleading Bulk E-Mail Subjects Sender To Criminal And Civil Penalties
BACK TO TOP
|
NURSING HOME LAW
|
|
DUTY
Jury Finds Nursing Home Not Guilty
Physician Was Not Held Liable For Nurse's Failure To Follow His Orders
Nursing Home Had A Duty Of Ordinary Care To Protect Its Patients From Criminal Sexual Assault
Residents Were Entitled To Rights In Unlicensed Homes In Ohio
New York Nursing Home Did Not Breach Duty To Exercise Reasonable Care
PRE SUIT REQUIREMENTS
Pre-suit Requirements of The Florida Medical Malpractice Act Do Not Apply To Nursing Home Cases
DAMAGES
Damages Under The Nursing Home Statute Are Not Limited By The Wrongful Death Act
Judge Orders Mediation
Jury Awarded $78 Million In Arkansas
$525,000 settlement In California Wrongful Death Case
EVIDENCE
Florida Trial Court Erred In Admitting Other Complaint
Breach Of The Medical Liability And Insurance Improvement Act May Not Be Used As Basis For Negligent Per Se Claim
PRIVACY RIGHTS
Privacy Rights For Residents
Personal, Clinical Records Were Confidential And Privileged
NEW LEGISLATION,REPORTS, AND OTHER ARTICLES
Louisiana Bills Intended To Limit Nursing Home Suits
"Operation Guardian" Results
The Jury
BACK TO TOP
|
