Law Reporter

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Articles in Nov 1998 issue of Law Reporter

• Products liability
• Worker who sustains physical injury may recover damages for fear of contracting AIDS absent showing of HIV exposure
• Grocery store workers subjected to director's inappropriate touching: Sexual harassment: Emotional distress: Verdict: Punitive damages
• DUI suspects forced to submit to blood tests after they request or consent to breath or urine test have (sec) 1983 claim
• Electrician falls when ladder slips: Failure to provide safe equipment: Heel, ankle fractures: Verdict
• Warsaw convention does not cover physical manifestation of emotional injury
• Medical negligence
• Insurer's failure to keep insured informed of settlement negotiations can constitute some evidence of bad faith refusal to settle
• Father may be liable under inherently dangerous instrument doctrine for failure to safeguard handgun from son
• Correction
• Cause of action for UM benefits accrues on date of accident
• Juror's recreation of plaintiff's arrest was prejudicial misconduct warranting a new trial
• In-house counsel's breach of employer confidences was unprotected by Title VII's anti-retaliation provision
• Worker with disability transferred to untenable location: Disability discrimination: Emotional distress: Verdict
• Sovereign immunity did not bar breach of contract claim where child was injuried at state university baseball camp
• Insulin-dependent diabetes may qualify as disability under ADA
• Highway construction: Motorcycle collision: Failure to properly install barriers, inspect: Wrongful death: Verdict
• Statutory exception to fire fighter's rule does not apply when one police officer injures another officer
• Family member who did not observe accident may recover for emotional distress caused by observing injured relative at accident scene
• "First manifest" doctrine was inapplicable to incontestability clause under Michigan law
• Same-sex partner may not bring wrongful death action
• Jones Act: Seaman injured while drilling: Failure to provide safe drill: Shoulder injuries: Verdict
• Landlord may be liable for injuries caused by tenant's dog in common area
• Employee harassed because of ethnicity: Retaliation: Hostile work environment: Emotional distress: Verdict: Punitive damages
• Lack of prior similar incidents does not entitle defendant to summary judgment where vehicle struck picnickers at amusement park
• Rear-end collison: Falsification of log sheets: Negligent hiring, entrustment: Wrongful death: Settlement
• Lead poisoning: Failure to warn of lead in valve seal: Retardation: Learning disabilities: Settlement
• 18-wheeler turns over, blocks traffic: Failure to properly control vehicle: Head injury: Memory loss: Verdict
• Worker falls off platform: Failure to provide fall protection: Spinal injury: Quadriplegia: Verdict
• Insurers deny full coverage for earthquake-damaged buildings: Breach of contract: Bad faith: Settlement
• Dismissal of action on basis of forum non conveniens must be on conditions that protect plaintiff's procedural rights
• Wife had duty to warn of husband's propensity for child sexual abuse where she knew or should have known of his proclivities
• Surgeon removed from teaching staff: Intentional interference with business relations: Defamation: Lost referral base: Verdict
• One-car collision: Lessor liability: Failure to properly control vehicle: Head injury: Cognitive deficits: Degloving hand injury: Verdict
• Consent to sue clause violates public policy
• Connecticut declines to recognize claim for loss of parental consortium
• Worker on barge used as construction platform was not Jones Act seaman
• Prejudgment interest portion of personal injury settlement proceeds is subject to federal income tax
• Bus turns left in front of car: Failure to yield right-of-way: Head injuries: Learning, behavioral problems: Verdict
• Professional negligence
• Credit card requiring first purchase to be big-ticket item is not closed-end credit transaction under Truth in Lending Act
• 42 U.S.C. (sec) 1983: Excessive force: Posttraumatic stress disorder: Verdict
• Creditor may be liable under FDCPA where its in-house collection arm sent debtor dunning letter under different name
• Pre-dissolution contingency fee files remain partnership assets absent contrary agreement
• Police pursuit: Two-car-accident: Failure to heed red light: Vicarious liability: Wrongful death: Ruptured diaphragm: Settlement
• Crossing accident: Lack of gates, flashing lights: Failure to heed stop sign: Wrongful death: Quadriplegia: Verdict
• Slip and fall on apartment walkway: Negligent use of spinklers: Failure to clear "black ice": Back injury: Settlement
• Bus strikes pedestrian: Improper lookout, training: Multiple internal injuries: Structured settlement
• Bank customer misidentified as robber: False imprisonment: Slander: Emotional distress: Verdict
• Doctor solicits patients from former practice: Misappropriation of trade secrets: Breach of contract: Lost profits: Verdict
• Counsel's efforts lead to settlement for family of child killed at dangerous intersection near school
  by Mollenauer, Christine M
• Copyright owner may recover damages from international infringers who initially copy material in the United States
• Admissions in discovery deposition of deceased party are admissible against decedent's estate
• Diversity does not exist in suit by alien against partnership with one or more alien partners, regardless of residence status
• Mandatory divorce education program presented by Catholic group does not violate Establishment Clause