Law Reporter

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Articles in Sep 1998 issue of Law Reporter

• Font software programs are protectable under Copyright Act
• Restaurant staff harasses waitresses: Sexual harassment, wrongful termination: Emotional distress: Verdict: Punitive damages
• Truck strikes bicyclist: Improper lookout, turning: Leg injury: Settlement
• Engine stops during flight, plane crash lands: Negligent modification of fuel selector value: Back injury: Settlement
• Workers' comp cannot be offset by social security payments
• Demand for disgorgement of profits entitles plaintiff to jury trial in trademark infringement action
• Trial courts should decide threshold issues of arbitrability
• Motorcycle collision: Failure to keep proper lookout: Multiple fractures: Settlement
• School district could provide therapy at parochial school to child with disability with out violating Establishment Clause
• Teenager injured while rock climbing: Failure to provide proper supervision: Head injuries: Fractures: Structured settlement
• Kansas's statutory subrogation right to settlement proceeds is not subject to reduction for recipient's contributory negligence
• Premarital agreement did not constitute waiver of surviving spouse's elective share
• Shipowner had no duty to warn stevedore of obvious unstable condition of pipe bundles
• Counsel's bifurcated trial strategy leads to verdict for worker injured by machine
• Employer not required to alter existing seniority--based shift system to accommodate employee's religious needs
• School administrator demoted while undergoing addiction treatment: Disability discrimination: Lost earnings, benefits: Verdict
• No Rule 11 sanctions where action dismissed before sanctions sought
• Apartment fire: Failure to provide fire escape, smoke detectors: Wrongful death: Settlements: Default judgement: Punitive damages
• Patient injured by inmate escaping custody at medical clinic could sue county officials under state civil rights act
• Slip and fall on office building lobby floor: Improper floor maintenance: Herniated disk: Settlement
• Municipal riding area: Drop-off: Failure to remove drop-off, place warning signs: Ruptured kidney: Leg fractures: Verdict
• Vehicles collide: Failure to stop at red light: Carpal tunnel syndrome: Reflex sympathetic dystrophy: Settlement
• Massachusetts allows unmarried cohabitants to lawfully contract concerning property, financial matters
• Summary judgement improper under Illinois Structural Work Act where plaintiff injured when foreman fell from platform
• Punitive damages may be recovered from deceased tortfeasor's estate
• Natural gas explosion: Negligent pipeline fusion: Failure to timely take action, evacuate: Burns: Emotional distress: Settlement
• Testimony may be excluded where expert witness declaration did not provide fair notice of subject matter
• Carnival patron injured on "Fly Trap": Failure to warn of dangerousness of flips: Cervical injuries: Settlements: Verdict
• Rear-end, head-on collisions: Improper lookout: Negligent entrustment: Wrongful death: Shoulder, back injuries: Verdict
• Iron grate collapses: Mismatch of grate and bulkhead: Ankle fracture: Verdict
• Employer may be held liable for employee's violation of FCRA under apparent authority theory
• Trains collide: Negligent operation of train: Failure to disclose medical conditions: Wrongful death: Settlement
• Medical negligence
• Viable fetus may be beneficiary under wrongful death statute
• Release of future injury claims invalid under FELA if risks were unknown by parties when release signed
• Alzheimer's patient may be liable to nursing assistant kicked while helping patient
• Settling plaintiff's assignment of annuity payments to factoring company is unenforceable
• Products liability
• Plaintiff suing for fraud-based willful misconduct must prove damages would not have occurred if airline had performed as promised
• Officers accused of sexual misconduct: Failure to provide adequate hearing: Loss of reputation: Emotional distress: Settlement
• Case law allowing opt outs in class actions under Rule 23(b)(1) and (2) remains valid under Amchem
• Police officer who shot fellow officer not entitled to qualified immunity
• Man fires at driver who allegedly cut him off: Assault: Intentional infliction of emotional distress: Verdict
• Insurer delays paying medical benefits: Bad faith: Emotional distress: Verdict: Punitive damages
• Professional negligence
• Phrase "an insured" in insurance contract did not clearly establish joint liability of innocent co-insured for alleged fraud
• One-car accident: Driving while intoxicated: Leg injury: Amputation: Settlement
• Parent-child immunity doctrine inapplicable to father's negligent operation of tractor
• Boulders fall from truck onto car: Speeding: Negligent entrustment: Wrongful death: Settlement: Structured settlement
• Plaintiff need not show defendant intended injury to recover under Georgia libel law
• Employee could recover for emotional distress over sexual harassment of coworkers
• Trailer blocks lanes: Collision: Negligent turning: Lack of lights, reflectors: Internal injuries: Multiple fractures: Settlement
• Trial court erred in setting reasonable attorney fee amount in place of valid contract for hourly fees
• Legal negligence insurer refuses to negotiate: Bad faith: Inadequate claims adjusting system: Financial losses: Verdict: Punitive damages
• Single-family homes: Leaking roofs, windows, doors: Negligent construction: Breach of warranty: Lost profits: Settlement: Verdict
• Longshoreman responds to rescue call: Failure to warn of carbon monoxide: Wrongful death: Verdict: Punitive damages