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October 2005, Volume 34

SEXUAL HARASSMENT
Husband and Wife Could Maintain Joined Complaint

Co-worker’s Assault and Harassment Did Not Amount To Sex Discrimination

ADA
Uncontrolled Diabetes a Direct Threat To Safety and Plaintiff Not Qualified Individual

Seventh Circuit Remands ADA Case For Second Time

RETALIATION
Removal Of Flex-Time Potentially Constituted Material Change To Working Conditions

RACE
Plaintiff Fails To Establish Prima Facie Case Of Race Discrimination

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DAMAGES
Plaintiffs Able To Recover Amount Billed For Medical Care, Not Amount Paid

DUTY OF CARE
Duty To Protect From Criminal Conduct Not Imposed On Parent Organization

Section 414’s Retained Control Theory – Comparison of Moss and Martens Opinions

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Solvent Insurer’s Policy Must Be Exhausted Before CIGA is Obligated to Pay on Behalf of Joint Tortfeasor Whose Insurance Carrier Became Insolvent

Criminal Acts Exclusion Contained in “Auto Gap” Insurance Policy Does Not Violate Public Policy Protecting Innocent Victims of Criminal Acts

Transmittal of Unsolicited Facsimile Advertisements Are “Publications” Within Meaning of Personal and Advertising Injury Coverage; Resulting Violations of Privacy Rights Not Barred From Coverage Under Personal and Advertising Injury Exclusion

Duty to Defend Insured Determined by Actual Conduct of Insured Alleged in  Complaint, Not by Labels Placed Upon the Claims

Insurer’s Exclusive Control For Three Years Over Insured’s Defense Despite Conflict Of Interest Warranted A Finding Of Attorney Fees Under Section 155

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PERSONAL JURISDICTION
No Personal Jurisdiction Over Defendants Whose German-Language Magazines Had Circulation in Texas of Less Than 70 Issues Per Week 

Illinois Court Lacked Personal Jurisdiction Over Foreign Corporations Who Were Not “Doing Business” in Illinois

IMPORTS
Judicial Review of Agency’s Findings Does Not Demand Rigid Adherence to Specific Formula As Long as Statutory Requirements Have Been Satisfied

RIPENESS
Party Seeking Preliminary Injunction Must Demonstrate Request Is Based On Final Agency Action and Must Demonstrate Fair Chance of Success on the Merits

ATTORNEYS’ FEES
Texas Law, Not FSIA, Governed Provision of Attorneys’ Fees

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CERCLA
Pennsylvania Court Addresses the Right to a Jury Trial

Potentially Responsible Party Seeks Recovery Costs

NATIONAL HISTORIC PRESERVATION ACT
Ninth Circuit Addresses Whether Private Right of Action Exists Under NHPA

ENDANGERED SPECIES ACT
Seventh Circuit Affirms Endangered Species Act’s Applicability to Sub-Species

Declaratory Action Sought Regarding Reclassification of the Gray Wolf

Proposed Revisions to Endangered Species Act

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EVIDENCE
Admissibility of Evidence Concerning Absence of Prior Accidents

PUNITIVE DAMAGES
Pleading Requirements for Punitive Damages On Strict Liability Claim

STANDING
Standing: Injury in Fact Based on Increased Risk of Harm

RISK UTILITY ANALYSIS
Illinois Appellate Court Analyses Proper Standards for Design Defects

EVIDENCE
Burden of Proof for Establishing Defendant Manufactured Product at Issue

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SALE OF GOODS AND SERVICES
Contract For Supplying Gravel to Construction Site Not Governed by Uniform Commercial Code

USED CAR SALES
Statute of Limitations for Breach of Express Warranty Begins to Run Only After Reasonable Number of Attempts to Repair Have Failed, While for Breach of Implied Warranty Claims, Limitations Period Begins to Run Upon Delivery to Original Buyer

Breach of Express Warranty

Breach of Implied Warranty of Merchantability

NOTATIONS ON CHECKS
Accord and Satisfaction Found Where Check For Less Than Full Amount Due Stated “FINAL PAYM” and Check Accompanied By Letter Stating All Open Issues Were Considered Closed

STATUTORY CHANGES
Business Corporation Act

Limited Liability Company Act

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