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October 2004, Volume 30
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EMPLOYMENT LAW |
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GENDER DISCRIMINATION
Punitive Damages Award Excessive Considering Employer’s Prompt Action to Remedy
TITLE VII
Arbitration Clause Enforceable In Title VII Dispute
SEXUAL HARASSMENT
Eighth Circuit Finds Defendant Entitled to Modified Faragher/Ellerth Affirmative Defense
ADEA
Plaintiff Fails to Establish a Prima Facie Case of Age Discrimination
AGE/RACE/RETALIATION
Employer’s Proffered Reason for Failing to Select Employee for Position Was Not Pretext
AGE DISCRIMINATION
Termination for Violation of Residency Requirement Not Pretext For Age Discrimination
RETALIATION
Case Remanded to Determine Whether Indefinite Suspension Became Actual Termination
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GENERAL TORTS |
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EXPERT TESTIMONY
Doctors Not Competent To Offer Opinion Testimony Regarding Nurses
DUTY
Clinic Did Not Have Duty Of Care To Report Child Abuse
No Duty Of Care For Landowners To Warn Of Dangers Of Trampoline
No Duty To Equip Facility With Cardiac Defibrillators
PROTECTIVE ORDERS
Protection Of Identities Of Sexual Abuse Victims
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INSURANCE COVERAGE |
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Notice to CGL Carrier Three Years After Suits Filed Not Violation of Notice Condition Where Suits Initially Defended By Liquidated “Wrap-Up” Carrier
Carrier Estopped From Raising Policy Defenses Where Reservation of Rights Letter Inadequately Advised Insured of Conflict of Interest
Carrier Not Entitled to Setoff From UM Limits Pension Payments Made to Insured
Insured Could Not Trigger Indemnity Clause By Violating Voluntary Pollution Cleanup Agreement and Forcing EPA To Order Cleanup
Innocent Insured Entitled to Coverage Where Other Insureds Intentionally Caused Loss
Federal District Court Impliedly Endorses Targeted Tender to Excess Carrier
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INTERNATIONAL LAW |
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PERSONAL JURISDICTION
No General Jurisdiction In Illinois Where Defendant Shipped, Within Mexico, Products From Purported Affiliated Company, Later Shipped To Illinois
Canadian Court Had Personal Jurisdiction Over Illinois Defendant Where Defendant Purposefully Directed Activities At Canada
SUBJECT MATTER JURISDICTION
Court Of International Trade Had Jurisdiction Over Action Brought Under False Claims Act Arising Out Of Importer’s Scheme To Avoid Paying Customs Duties
FORUM NON CONVENIENS
Transfer Of Case To Germany Under Forum Non Conveniens Appropriate Where Plaintiff Voluntarily Entered Into Complex Real Estate Investment While Living In Germany
STANDING
No Article III Standing Where Relief Sought Would Not Redress Injury
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TOXIC TORTS/ENVIRONMENT |
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NATIONAL ENVIRONMENTAL POLICY ACT
Animal Rights Group Seeks Court Intervention to Stop Black Bear Hunt
GEORGIA HAZARDOUS SITE RESPONSE ACT
State Seeks Additional Damages For Clean Up
CERCLA
Plaintiff Argues the “Deep Deep Plume” Theory
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PRODUCT LAW |
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SIMPLE PRODUCT LIABILITY
Motorboat Could Not Be Classified As “Simple Product” To Preclude Application Of Danger-Utility Test For Product Defect
FORESEEABLE MISUSE
Use Of Light Fixture Within Feet Of Home Insulation Is Foreseeable
DISCOVERY SANCTIONS
No Sanctions For Failure To Produce Defective Product If Plaintiff Does Not Exercise Reasonable Control Over It
APPARENT MANUFACTURER DOCTRINE
Colorado To Recognize Apparent Manufacturer Doctrine
FEDERAL PREEMPTION
FDA’s Position Regarding Preemption Of Heart Valve Design Was Entitled To Deference
SOPHISTICATED INTERMEDIARY
Helicopter Pilots Were Sophisticated Intermediaries, Precluding Finding Of Liability Against Manufacturer For Failure To Warn Of Dangerous Rotor Blades
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BUSINESS LAW |
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CONTRACT LAW
Illinois Courts Weigh Harm When Ordering Disclosure of Confidential Commercial Information
Liquidated Damages Clause for Commission on Unsold Real Estate Allowed
No Money Owed to Retained Consultant Where Contract to Secure Refunds Terminable At Will
CONSUMER FRAUD
Class Action Arbitrations are Allowed Where Arbitration Agreement Silent as to Class-Wide Relief
MECHANIC’S LIENS
Recording and Registering Multiple Liens not Evidence of Fraud Without Finding of Intent
BUSINESS CORPORATION ACT
Post-Judgment Interest Available to Minority Shareholders Seeking Buyout Under BCA at Discretion of Trial Court
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NURSING HOME LAW
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MEDICAL MALPRACTICE VS. ORDINARY NEGLIGENCE
Supreme Court of Michigan Held Former Nursing Home Resident’s Estate Could Maintain Medical Malpractice Suit Despite Expiration of Statute of Limitations
DOCUMENT PRODUCTION
Appellate Court in Florida Struck Trial Court’s Order Compelling Nursing Home to Produce Grievance Logs of Consumer and Employee Complaints
CLASS ACTION
Illinois Federal Court Grants Class Action Status to Nursing Home Residents Against State
STATUTORY INTERPRETATION
Illinois Circuit Court Held Plaintiffs Cannot State Wrongful Death or Survival Actions Under Nursing Home Care Act in Illinois
STATUTE OF LIMITATIONS
Tennessee Court Holds Statute of Limitations Tolled for Wrongful Death Action Due to Delayed Discovery
EXPERT WITNESSES
Illinois Court Reaffirms Precedent Requiring Expert Witness Offering Opinions as to Standard of Care for Nurses Be Made By Licensed Nurse
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