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July 2000, Volume 14
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EMPLOYMENT LAW |
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ADEA
Supreme Court Rejects “Pretext Plus” Standard for Establishing Employment Discrimination
Less Than 10 Year Age Difference Does Not Constitute "Substantially Younger"
Attorney Terminated Due to "mini-RIF" Unable to Establish Prima Facie Case
ADA
Truck Driver with Pacemaker Not Qualified Individual Until Certified
RACIAL/SEXUAL HARASSMENT
Employer Responds in "Textbook" Manner
RACE/HOSTILE WORK ENVIRONMENT
Employer Not Liable for Hostile Work Environment
SEXUAL HARASSMENT RETALIATION
Female Employee's Termination May Have Been in Retaliation for Filing Sexual Harassment Claim
RELIGION, ADEA AND ADA
Unpleasant Work Conditions Do Not Amount to Discrimination
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GENERAL TORTS |
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NEGLIGENCE
Negligent Supervision of Minor Child
CONSTRUCTION
Fact Issue as to Whether Contractor Retained Control Precludes Summary Judgement
Owner Can Maintain Contribution Action Against Subcontractor Under Repealed Structural Work Act Where Alleged Injury Occured Prior to Date of Repeal
WRONGFUL DEATH
Next of Kin
PREMISES LIABILITY
Duty to Protect Patron from Attack Outside Bar Premises
Erosion of Open and Obvios Defence
Body of Water Is Not Open and Obvious
Motel Owner has Duty to Inspect Water Heater and Warn of Hot Water
MEDICAL MALPRACTICE
HMO May Be Held Liable for Institutional Negligence
CIVIL PROCEDURE
Timely Disclosure of Supplemental Opinions
DAMAGES
Defendant's Liability In Rear-End Case Was For the Jury to Consider in Light of Fact Issues Over the Nature and Extent of Plantiffs' Injuries
EVIDENCE
Chiropractor Cannot Testify As to Permanency of Plantiff's Injuries
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INSURANCE COVERAGE |
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Excess Insurer May Not Maintain Equitable Contribution Action Against Primary Insurer; Estoppel Applied Against Insurers Who Failed to File Declaratory Action Against Additional Insureds
Excess Insurer Subject To Estoppel After it Takes Over Defense and Prejudice Results
Personal Injury Coverage Exists for Tortious Interference Claim Which Contains Allegations Similar to Defamation Claim
Other Insurance Clause Does Not Void Anti-Stacking Clause for UIM Coverage
Repo Man Entitled to UIM Coverage From Owner's Policy
Without Specific Rejection UIM Limits Will Equal Bodily Injury Liability Limits
School District Must Provide Primary Coverage for Employee Involved In Auto Accident
Seventeen Month Delay Notice of Suit Violates Policy Notice Provision and Precludes Coverage
Lack of Compliance With Notice Provision Prevents Garnishment of Policy
Amendements to Complaint Do Not Create New "Claim" Within Meaning of a Claim Made Policy
Forensic Report Creates Arguably Good Faith Basis to Deny Stolen Vehicle Claim
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INTERNATIONAL LAW |
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SERVICE OF PROCESS
American Courts Continue to Disagree Over Question of Service of Process
PERSONAL JURISDICTION
Person Jurisdiction Asserted Over New Zealand Internet Web Site Operator in Trademark Infringement Action
Illinois Appellate Court Upholds Personal Jurisdiction Based Upon Conspiracy Theory
PUNITIVE DAMAGES
Ministry of Information and Security of Islamic Republic of Iran Required to Pay Punitive Damages Under Foreign Sovereign Immunities Act
FOREIGN SOVEREIGN IMMUNITY
German Corporation Failed to Establish That Suit Was "Based Upon" Activity Having Direct Effect in the United States Within the Meaning of the Commercial Activity Exception in the Foreign Sovereign immunities Act
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TOXIC TORTS/ENVIRONMENT |
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ILLINOIS ENVIRONMENTAL PROTECTION ACT
Dissmissal of Petition for Review of Illinois Pollution Control Board Decision Proper when State of Illinois Not Named as Respondent in Petition
CLEAN WATER ACT
Federal District Court has Subject Matter Jurisdiction Over Environment Protection Agency's Action
SETTLEMENT AGREEMENT
Transfer of Venue is Appropriate Where Transfer Will Serve Convenience of Parties and Witnesses ans Will Promote Interest of Justice
EXPERT TESTIMONY
Proof of Causation is Less Stringent When the Cause of a Specific Disease Is Not Known
CONTRIBUTION UNDER CERCLA AND ILLINOIS COMMON LAW
Separate Lawsuit for Contribution Under CERCLA and Illinois Common Law Stricken During Pendency of Underlying Case
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PRODUCT LIABILITY |
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LEARNED IMMEDIATELY DOCTERINE
A Pharmacy That Voluntarily Warns of Some of a Drug's Side Effects Does Not Have a Duty to Warn of All Side Effects
FEDERAL PREEMPTION
The Federal Boat Safety Act Preempts Common Law Claims for Failure to Install Propeller Guards
STATUTE OF LIMITATIONS
An Autombile Accident is a Sudden and Traumatic Event That Immediately Triggers the Statute of Limitations
ASBESTOS LITIGATION
A Special Interrogatory Subject to Misinterpretation is Grounds for Reversal
EXPERT WITNESS
A Survey of Daubert Decisions from Various Jurisdictions
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BUSINESS LAW |
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ATTORNEY'S FEES
Defendants May Recover Attorney Fees Under Residentioal Real Property Disclosure Act
CONSUMER FRAUD
Assignee of Car Loans Escapes Truth in Lending Act Liability
BREACH OF CONTRACT
Oral Contract is Enforcable Only if Written Confirmation is Received Within Reasonable Time
JUDGMENT DEBTOR
Supreme Court Addresses Tenancy by the Entirety
Fraudulent Transfer Claims Must Be Brought Within Four Years of Transfer
AGENCY
Attorney's Misconduct Could Be Basis for Liability Against His Client
COPYRIGHT INFRINGMENT
Claim for Stolen TV Show Idea is Pre-empted By Copyright Act
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