Law Reporter

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Articles in Aug 1999 issue of Law Reporter

• Tribal exhaustion doctrine inapplicable to case that would be removable if brought in state court
• Tractor-trailer collison: Failure to heed stop sign, yield: Incomplete paralysis: Verdict
• Incontestability clause bars denial of benefits despite false statement on application
• Intersection collision: Excessive speed; respondeat superior: Wrongful death: Verdict
• Man hit by falling ice: Failure to clear ice, cordon off sidewalk: Wrongful death: Settlement
• Eleventh Circuit trial courts may reduce damages without offering plaintiff new trial
• Cargo falls on driver: Foot amputation: Improper securing of load: Settlement
• Head-on collision: Crossing into oncoming traffic: Lessor liability: Wrongful death: Herniated, bulging disks: Structured settlement
• Trial courts should first consider applicability of Daubert factors in analyzing admissability of expert testimony
• City may be liable where police stopped but failed to arrest drunk driver who was later involved in automobile accident
• Hospitals' auditing company overbills patients' insurers: Fraud: Agency liability: Economic loss: Settlement
• Dog attack: Strict liability under "vicious propensity rule": Bite wound: Neck injury: Verdict
• Parent who voluntarily leaves employment to attend law school not entitled to child support education
• Worker releases train wheel set: Improper placement of air override button: Spinal fractures: Settlement
• Act allowing individuals to sue states for patent infringement unconstitutionally abrogates state sovereign immunity
• Whether bungee jumping constitutes an inherently dangerous activity is jury question
• School district may be liable under Title IX for failing to respond to studend-on-student sexual harassment
• Car collision causes vehicle to strike telephone pole: Failure to heed stop sign: Brain injury: Facial fractures: Settlement
• Attorneys help consumers defrauded in satellite dish financing scheme
  by Lewis, Stephanie A
• Diver was seaman under Jones Act even though work-site vessels were not under employer's common ownership or control
• Car strikes pedestrian: Improper lookout: Failure to brake: Respondeat superior: Brain damage: Structured settlement
• Workers injured cleaning furnace: Improper direction of work inside furnace: Inadequate barrier: Burns: Settlements
• Congress cannot subject nonconsenting states to private damages suits in state courts
• Professional negligence
• Insurer not required to indemnify insured for punitive damages
• Punitive damages may be awarded for Title VII violations
• Agreement to share information among litigating parties does not create implied attorney-client relationship
• Airline is not liable under Warsaw Convention for sexual assault of passanger
• Conductors refuse to assist woman disembarking train: ADA violation: Left arm injury: Postverdict settlement
• Individualized educational programs under IDEA must provide significant learning and confer meaningul benefit
• Worker prohibited from delivering to store: Interference with prospective economic advantage: Emotional distress: Verdict
• Disability determination under ADA should be made with reference to measures that mitigate impairment
• Interspousal agreement signed under threat of divorce unenforceable
• New Hampshire wrongful death damages cap unconstitutional
• Electricians injured in explosion: Safety code violations: Inaccessible electrical disconnect: Burns: Settlement: Verdict
• Closely held aviation corporation may be liable for officer's allegedly negligent helicopter inspection
• Insruer fails to preserve range that allegedly caused apartment fire: Spoliation of evidence: Settlement
• Attorneys' circulation of draft petition in probable lawsuit protected by litigation privilege
• Receipt of social security disability benefits does not bar ADA claim
• Products liability
• Worker injured by auger drive shaft: Negligent furnishing of unguarded drive shaft: Neck fracture: Quadriplegia: Settlement
• Trial court lacks authority under Rule 11 to award attorney fees sua sponte
• Negligent entrustment suit against city stands where police officers allowed incapacitated man to drive
• Medical negligence
• Train-automobile collision: Inadequate audible warning signals: Speeding: Wrongful death: Settlements.
• Two-car collision: Improper crossing of centerline: Mild brain damage: Skull fracture: Structured settlement
• Title VII's prohibition against employer retaliation extends to employee's unreasonable deposition testimony
• Worker crushed under railway: Failure to remove conduit: Failure to warn: Wrongful death: Structured settlement
• Defendants may not pursue state sanctions for allegedly frivolous federal claims where court's jurisdiction is based on federal question
• Utility owed duty to pedestrian struck by car in unlighted crosswalk
• States must provide community-based treatment for people with mental disabilities where placement can be reasonably accommodated