Law Reporter

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Articles in Dec 1998 issue of Law Reporter

• Insurer could not assert workers' comp lien against proceeds of legal negligence action
• Administrative regulations may serve as source of fundamental public policy limiting right to discharge at-will employee
• Borrower may not assert right-to-rescind defense under TILA more than three years after transaction's consummation
• Insurance policy's cooperation clause did not override attorney-client privilege
• Jones Act: Casino worker hit by vessel door: Failure to replace door closer device: Neck injuries: Settlement
• Child injuried while playing floor hockey: Failure to provide eye protection: Unsafe equipment: Blindness: Settlement
• Out-of-state attorney was entitled to attorney fees for services rendered in connections with probate of California estate
• Common membership of defense expert and defendant in mutual malpractice insurance company inadmissible
• Intersection collision: Dangerous intersection: Failure to yield right-of-way: Wrongful death: Settlement
• Counsel's efforts lead to verdict in suit against credit bureau over erroneous credit report
  by Kirby, Jennifer M
• Common issues warranted class certification in action by borrowers challenging interest calculation
• Misrepresentation of product quality: Breach of warranty: Verdict
• Parents may bind their minor children to exculpatory agreements in favor of nonprofit sports organizations
• Song-Beverly Act does not prohibit prevailing sellers from recovering costs and expert witness fees
• Children exposed to carcinogenic chemicals: Failure to remove leaking underground storage tank: Neuroblastoma: Verdict
• Third party that has established parent-child relationship with child had standing to seek custody
• Jones Act: Tugboat pilot injuried in car accident: Failure to provide safe passage home: Herniated disk: Retinal tear: Settlement
• Bar patron hit by truck in parking lot: Inadequate security: Leg injury: Verdict
• Head-on collision: Failure to control vehicle: Arm, leg injuries: Settlement
• Insurer is bound by erroneous coverage amount listed on application form
• Domestic relations exception does not bar diversity jurisdiction over action by ex-wife for intentional infliction of emotional distress
• 42 U.S.C. (section) 1983: Excessive force: Unlawful search: Soft-tissue injuries: Verdict: Punitive damages
• Private, nonprofit detoxification facility was not entitled to qualified immunity for holding man incommunicado for six hours
• Plaintiff must prove HIV exposure to recover damages for fear of contracting AIDS
• Crossing collision: Inoperative or nonvisible signals: Speeding: Failure to blow whistle: Wrongful death: Settlement
• Professional negligence
• Finding of structural non-equivalence for purpose of literal infringement precludes doctrine of equivalents infringements
• Discriminatory intent required for compensatory damages under Americans with Disabilities Act and Rehabilitation Act
• Worker need not prove injuries resulted from rapod repetitive motion to recover benefits for carpal tunnel syndrome
• Employee fired after returning from medical leave: Disability discrimination: Lost income: Emotional distress: Verdict: Punitive damages
• Alaska statute permitting suspension of delinquent child support obligors' driving licenses is constitutional
• Products liability
• Warsaw convention covers injuries of passenger stuck by hypodermic needle
• School bus strikes pedestrian: Failure to yield right-of-way: Foot, ankle injuries: Verdict
• Tire blows out on church van: Failure to replace tire: Unsafe operation of vehicle: Crushed pelvis: Collapsed lung: Verdict
• Woman injured when car overturns: Failure to properly install tires: Improper training: Head injury: Structured settlement
• Sexual assault: Inadequate security: Failure to warn: Posttraumatic stress: Settlement
• Officer who detained woman for shoplifting was not entitled to qualified immunity from (section) 1983 claim
• Expert testimony regarding cause of injury based on doctor's experience and review of medical records is admissible
• Minister's picture used on video jacket of movie about faith healer: False light invasion of privacy: Emotional distress: Settlement
• Bank had no duty to protect ATM customer where there was no notice of prior criminal activity at facility
• Limitations statute begins to run when worker learns injuries are possibly related to work-place chemical exposure
• Intersection collision: Failure to heed red light: Improper lookout: Knee injury: Emotional distress: Settlement
• Child born out of wedlock after her alleged father's death may have standing under wrongful death statute
• Intersection collision: Failure to heed red flashing light, stop signs: Ankle, foot fractures: Arbitration award
• Sale of corporation's assets to shareholder in exchange for debt forgiveness violated California Uniform Fraudulent Transfer Act
• Teenager with mental disabilities drowns in camp pool: Negligent supervision: Wrongful death: Verdict
• Medical negligence
• Disability caused in part by alleged sexual harassment may be part of workers' comp claim
• Year in review