Law Reporter

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Articles in May 1999 issue of Law Reporter

• ERISA does not prohibit the inclusion of an IRA as a distributable asset subject to a premarital agreement
• NCAA's receipt of dues from member schools that receive federal funds does not trigger Title IX coverage
• Attorney's unauthorized practice does not defeat partnership claim
• Pedestrian trips on metal grate: Obstructed walkway: Leg, back injury: Verdict
• Child falls from apartment balcony: Inadequately guarded balcony: Skull fracture: Brain damage: Settlement
• FDCPA does not permit written notice requirement for consumer disputing debt
• Federal Circuit Court of Appeals has jurisdiction over action for breach of agreement to pay claim under Military Claims Act
• Mental anguish damages are recoverable for wrongful issuance of temporary restraining order only where conduct was outrageous
• Attorney discharged for cause was entitled to quantum meruit compensation for services rendered before discharge
• Non-trucking-use coverage exclusion valid only where policy states exclusion is effective if vehicle's lessee is insured
• Attorney may not bring retaliatory discharge action against law firm
• Medical negligence
• Professional negligence
• Internet service provider is not liable for third-party communications
• Exclusive remedy provision of Georgia workers' comp law does not bar indemnity actions by power line owners against employers
• General knowledge of physical disability in sufficient for negligence claim against man with epilepsy
• Corporate officers' "golden parachute" agreements repudiated: Breach of contract: Wrongful termination: Verdict
• Release of government employee from liability does not prohibit employer liability under the FTCA
• Workers' comp exclusivity clause does not bar claims under FEPA or state civil rights act
• Driver veers off road under construction: Improper exit marking: Closed-head injury: Fractured pelvis: Settlement
• Worker injured using table saw: Negligent removal of warning label: Partial hand amputation: Settlements
• ERISA does not preempt hospital's state-law claim alleging insurer misrepresented that patient's bills would be covered
• Insurer denies claim for long-term disability benefits: Bad faith: Emotional distress: Verdict: Punitive damages
• Reliance not required for breach of express warranty claim
• Train collision: Inadequate lighting, signals on train: Leg amputation: Settlement
• Bank ties to collect satisfied debt: Violation of state frivolous lawsuit statute: FDCPA violation: Harassment: Settlement
• Cargo falls on worker: Improper bundling: Inadequate forklift size: Quadriplegia: Structured settlement
• Products liability
• North Carolina eliminates distinction between licensees and invitees in favor of "reasonable person" standard for landowner liability
• Termination of parental rights does not bar standing to seek visitation as grandparent
• Diver hit by clamshell bucket: Negligent planning and execution of reef project: Multiple fractures, crush injuries: Settlement
• Three-year statute of limitations applies to constitutional tort claims and strict scrutiny appropriate for state equal protection claims
• Joinder of a tortfeaser's automobile insurer is proper under New Mexico law
• Excluding inflammatory photographs is not an abuse of discretion where expert testimony describes injuries
• Headlines alone may constitute libel
• Applicability of Daubert factors not dependent on category of expert or kind of evidence but on circumstances of specific case
• State law did not toll Warsaw Convention's two-year statute of limitations during airline's backruptcy
• Enforcement of anti-marital discrimination laws against landlords refusing to rent to unmarried couples is unconstitutional
• School district must provide ventilator-dependent student with nursing services under IDEA
• Rescue doctrine allows for suit against rescued victim if that party was at fault for creating the peril
• Spotlight: Revealing defendants' confusion about proper raft use helps gain settlement for teen injured in special needs class
  by Meyrowitz, Melissa A
• Injury suffered during functional capacity evaluation is compensable under workers' comp if evaluation is employment prerequisite
• Employer could be liable for failure to inform at-will employees of closure plan
• Attorney's misrepresentations may have tolled time limit on plaintiff's Title VII claim under equitable tolling doctrine
• Correction
• Intersection collision: Improper turn at red light: Vicarious liability: Head injuries: Facial paralysis: Verdict
• State damages cap does not bar insured from collecting uninsured motorist benefits
• Landlord's religiously based refusal to rent to unmarried tenants violates state civil rights act