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October 2003, Volume 26
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EMPLOYMENT LAW |
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SEXUAL HARASSMENT
Summary Judgment Granted When Affirmative Defense to Liability Established
SEXUAL HARASSMENT & GENDER DISCRIMINATION
Failure To Make Complaint of Harassment Through Proper Channel Kept Plaintiff From Establishing Employer Failed to Rectify Harassment
RACE DISCRIMINATION
Plaintiff Failed to Establish Prima Facie Case of Race Discrimination
RACE DISCRIMINATION & ADEA
Failure to Bring Allegation in EEOC Charge Precluded Allegation in Federal Suit
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GENERAL TORTS |
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PREMISES LIABILITY – DUTY
Duty Found Based On Distraction Exception To Open And Obvious Rule
FORUM NON CONVENIENS
Illinois Supreme Court Reverses Denial Of Forum Non Conveniens Motion
PROXIMATE CAUSE
Plaintiff Must Identify Specific Defendant Who Caused The Injury
EVIDENCE
Admissibility Of Evidence Of Feasible Alternative Design
The Scope Of The Duty To Preserve Evidence
CONSTRUCTION LITIGATION
Contractor Not Liable Because It Did Not Exercise Sufficient Control Over The
Work Of Independent Contractor
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INSURANCE COVERAGE |
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Filing Certificate Of Insurance With Secretary of State Constitutes Waiver Of Step-Down Provision In Policy Where Certificate Did Not Provide For Different Limits For Certain Insureds
Carrier Owed No Duty To Defend Or Indemnify Additional Insured Due To Late Notice When Notice Was Given Only To Carrier’s Named Insured
Carrier Owed Duty To Defend In Wrongful Termination And Defamation Action
Carrier Required to Defend Insured Also Responsible For Cost Of Prosecuting Defensive Actions Filed To Limit Insured’s Potential Liability.
Duty To Defend Not Owed Under Auto Insurance Policy Where Vehicle Provided Only Situs For Accident And Was Not Cause Of Death
Carrier Required To Pay For Vice-President’s Workers’ Compensation Claims Because Rejection Form Was Ambiguous
Language Utilized In Additional Insured Endorsement Did Not Alter Named Insured’s Coverage
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INTERNATIONAL LAW |
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CONTRACTS
Arbitration Clause Incorporated by Reference Into International Commercial Contract Satisfied Requirements of CREFAA
INTERNATIONAL COMITY
Party Barred From Raising Issues of Korean Law in Motion to Dismiss Appeal
ENFORCEMENT OF FOREIGN JUDGMENT
U.S. District Court Does Not Have Authority to Enjoin Party From Prosecuting Action in Foreign Jurisdiction to Annul Swiss Arbitral Award
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TOXIC TORTS/ENVIRONMENT |
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ENVIRONMENTAL PROTECTION AGENCY
EPA Refines Definition of Hazardous Waste
CLEAN WATER ACT
Sixth Circuit Addresses Supreme Court’s Decision in SWANCC
Seventh Circuit Addresses Supreme Court’s Decision in SWANCC
ASBESTOS
Court Explores Legal Standard for Statute of Limitations
ENDANGERED SPECIES ACT
Fisheries Service Ordered to Assess Potential Impact on Protected Species
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PRODUCT LAW |
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CORPORATE SUCCESSOR LIABILITY
Product Line Exception to Successor Non-Liability Not Applicable When Plaintiff Has Potential Remedy Against Original Manufacturer
CAUSATION
Even When Manufacturer Violates Applicable Statute, Missouri Law Requires Plaintiff Prove Violation Proximately Caused Injuries
Causation-In-Fact Element Requires Plaintiff Establish Causative Link Between Tortious Acts Of Specific Defendant And Injuries For Which Recovery Is Sought
JURY ISSUES
Juror Questions May Go Towards Uncovering Unfair Bias, But May Be Used To Determine How Jurors Will Treat Certain Evidence
Juror’s Independent Investigation Was Presumptively Prejudicial and Required Reversal of Trial Court Judgment
DUTY TO WARN
No Duty To Warn Of Vomitoxin In Raw Wheat
Duty To Warn Of Bacterium In Raw Oysters
No Duty To Warn Where Ordinary User Of Product Aware Of Hazards Of Product
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BUSINESS LAW |
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TRADE SECRETS
“Clickety Clack Track” Held To Be Protectable Trade Secret Even Though Inventor Spent Very Little Time, Effort, Or Money Developing Concept
AGENCY LAW
Corporate Employees Who Are Not Officers Or Directors Nonetheless Owe Fiduciary Duty Of Loyalty
PUNITIVE DAMAGES
$145,000,000 Punitive Damage Award Found To Be Excessive By U.S. Supreme Court
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NURSING HOME LAW
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NURSE CHARTING
No Causal Connection Between Nursing Home Staff’s Charting Failures and Delayed Diagnosis of Resident’s Colon Cancer
CIRCUMSTANTIAL EVIDENCE
Multi-Million Dollar Jury Verdict Against Nursing Home for Broken Leg Affirmed
DISCOVERY
Documents Produced for Internal Audit and Quality Assurance Committees Protected Under Illinois Medical Studies Act
STATUTORY INTERPRETATION
Nursing Home Resident Not Required to Produce Expert Opinion
SEXUAL ASSAULT
New Trial Granted to Representative of Deceased Nursing Home Resident Over Jury’s Verdict for Nursing Home in Sexual Assault Case
ARBITRATION
Florida Court Validated Nursing Home’s Arbitration Clause Within Admission Agreement
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