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Fall 2007, Volume 41
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EMPLOYMENT LAW
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TITLE VII AND EQUAL PAY ACT
Seventh Circuit Finds Supervisor’s Comments Sufficiently Severe and Pervasive to be Objectively Offensive, and $2 Per Hour Pay Disparity Between Male and Female Employees Precluded Summary Judgment
SEX DISCRIMINATION
Retaining Male Employee Who Was More Important to the Company, While Terminating Female Employee with Whom He Had an Affair, Did Not Constitute Sex Discrimination in Mixed-Motive Case
ILLINOIS HUMAN RIGHTS ACT
Amendment to the Illinois Human Rights Act to Permit Complainants to Proceed to Trial by Jury in State Court
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GENERAL TORTS
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SERVICE OF PROCESS
Attempt At Substitute Service Fails To Satisfy Reasonable Diligence Requirement
FORUM NON CONVENIENS
Public And Private Factors Favored Move To County Where Accident Occurred
DISCOVERY
Imposition Of Sanctions For Failure To Comply With Discovery Orders Upheld
MEDICAL MALPRACTICE
Current 725 ILCS 5/2-622 Based Upon Pre-1995 Amendment
JURY AWARD
Reduction Of Award Upheld For Failure To File Affidavit In Compliance With Rule 222(b)
SUMMARY JUDGMENT
Building Manager Had No Duty To Remove Natural Accumulation Outside Elevators
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INSURANCE COVERAGE
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Step-down Provision in Auto Liability Policy Does Not Violate Public Policy
Excess Clauses Are Mutually Repugnant, Making Both Policies Co-Primary
Property Owner Not an Additional Insured For His Own Negligence
Alleged Racial Discrimination Not Covered Under CGL Policy
Agreement Entered Into by Named Insured Did Not Expressly Incorporate a Separate Agreement, Thus No Written Agreement Existed Requiring the Named Insured to Name the Building Owner and Manager as Additional Insureds
Additional Insured Endorsement Applies Where Liability Arises Out of the Named Insured’s Work
Professional Services Exclusion Applies to Claim of Negligent Hiring of Phyicians
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INTERNATIONAL LAW
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CHOICE OF LAW, PERSONAL JURISDICTION, FORUM NON CONVENIENS
New Jersey Appellate Division Reverses Lower Court and Rules Mexican Law Governed Personal Injury Claim
PERSONAL JURISDICTION
Texas Appellate Court Finds No Personal Jurisdiction Over Taiwanese Manufacturer
Finnish and Austrian Companies Dismissed for Lack of Personal Jurisdiction
FORUM NON CONVENIENS
Florida Court Denies Motion to Dismiss for Forum Non Conveiens
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PRODUCT LAW
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EVIDENTIARY ISSUES
Court Awards Summary Judgment For Defendant Manufacturer Because Plaintiff Failed To Demonstrate Defect Existed When Machine Was Manufactured
Court Allows Experts To Testify To Whether Damage Was A Cause Of An Accident Or Rather Damage Was The Result Of The Accident, But Does Not Permit Incident Responder To Testify To Defects
Plaintiff Who Suffered From Asbestos Related Cancer Permitted To Try His Case By Reverse Bifurcation
DISCOVERY ISSUES
Alabama Supreme Court Determines That Tire Manufacturer Was Entitled To Protective Order Related To Documentation It Was Required To Produce
AFFIRMATIVE DEFENSES TO PRODUCTS LIABILITY ACTIONS
Cigarette Manufacturer Was Not Liable For Fire Started By Cigarette That Was Not Self-Extinguishing Because Ordinary Consumer Understood Potential Harm
FIREARMS RELATED ACTIONS
Gun Owner Precluded From Recovery Because Of His Own Negligence In Storing And Handling Of The Gun
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BUSINESS LAW
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CONTRACT LAW
Businessman Not Required To Establish The Existence Of An Underlying Joint Venture In Action Against Defendant For Breach Of Contract For The Dissolution Of The Joint Venture
COMMERCIAL LAW
Act Of Breaking Into A Locked Garage To Effectuate A Repossession May Constitute A Breach Of The Peace
CONTRACT LAW
Arbitration Provision Was Procedurally Unconscionable And Procedural Unconscionability Was Sufficient To Invalidate The Provision
COMMERCIAL LAW
Used Car Buyer’s Claim For Breach Of Manufacturer’s Repair Warranty Accrued When Promised Repairs Were Refused Or Unsuccessful
COMMERCIAL LAW
Windows Installed During The Construction Of A Dwelling Are Not “Consumer Products” Under The Magnuson-Moss Warranty Federal Trade Improvement Act.
REAL ESTATE LAW
Real Estate Contract Providing That Sale Was Void If Agreement Could Not Be Reached Within Ten Days Of Acceptance Required A Response To Proposed Modifications Within Ten Days.
CORPORATE LAW
Dismissal Of Shareholder’s Action For Dissolution Allowed Without Hearing To Determine Whether Dismissal Was Equitable When Election to Purchase Petitioning Shareholder’s Shares Is Defective For Failure To Provide Mandatory Notice.
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NURSING HOME LAW
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PRESSURE SORES
