Law Reporter

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Articles in Sep 1999 issue of Law Reporter

• Random drug testing of students involved in extracurricular activities is constitutional
• Police improperly execute warrant: Excessive force: Unlawful arrest, detention: Wrongful death: Settlement: Verdict: Punitive damages
• Insurer delays paying medical benefits: Bad faith: Settlement
• Debt collection letter's "immediate attention" language overshadows FDCPA's validation notice
• Rear-end collision: Driving excessive hours: Failure to monitor driver's logs: Wrongful death: Fractured collarbone: Settlement
• Car drives into oncoming traffic lane: Improper crossing of centerline: Wrongful death: Verdict
• Economic damages in harassment suit should not be offset by unemployment compensation under "collateral source" doctrine
• Plaintiffs could sue IVF clinic under state business statute for allegedly misrepresenting success rates and health risks
• Casion boat owners may be liable under federal maritime law for onshore torts of intoxicated passengers
• Delaware manufacturer would not suffer "overwhelming" hardship" if forced to litigate in that state
• Landlord may owe duty of care to protect its tenants from intruders' criminal acts
• Retaining jurisdiction to impose sanctions on plaintiff and attorneys litigating same claims in different forum was abuse of discretion
• Insurance agents fired or forced to resign: Wrongful termination: Breach of contract: Bad faith: Settlement
• Four-vehicle collision: Failure to brake: Improper lookout: Brain injury: Verdict
• Vicious propensity rule does not abrogate duty to maintain reasonable safe premises when young children are known to be present
• Improper arguments by plaintiffs' counsel warranted reduction of damages award in Alabama wrongful death case
• Whether city had policy of giving low priority to domestic violence 911 calls is fact issue
• Airline cannot invoke limited liability for lost luggage under Warsaw Convention if claim check does not contain required information
• Counsel's efforts lead to settlement for brother and sister sexually abused by stepgrandfather
• Workers' compensation insurer over-reserves on claims: Breach of contract: Bad faith: Verdict: Punitive damages
• Car broadsides van: Failure to heed yield sign: Respondent superior: Brain injury: Skull fracture: Settlement
• Shattered glass door panel injures man: Unsafe placement of door panel: Arm hypersensitivity: Settlement
• Experts may not testify on subjects not in expert witness declaration unless party successfully moves to expand scope of testimony
• Man beaten while changing tire entitled to personal injury protection benefits under auto insurance policy
• Women trips on cracked sidewalk: Negligent maintenance: Failure to warn: Loss of eye: Emotional distress: Settlement
• Worker develops repetitive motion injury: Failure to evalute workplace, advise of warning signs: Carpal tunnel syndrome: Verdict
• Failure to pay design firm: Breach of oral contract: Unjust enrichment: Detrimental reliance: Economic loss: Verdict
• Child struck by truck: Failure to observe children crossing street, yield right-of-way: Wrongful death: Settlement
• Oil well pumpjack collapses: Improper maintenance: Failure to warn of improper welding: Amputated foot: Settlement
• Professional degree is not marital property
• Claim alleging failure to install adequate warning devices at crossing is not preempted
• Attorney fees could be awarded as sanction against lawyer who called opposing counsel "babe" during deposition
• Corrections
• Customer accused of shoplifting: False arrest, detention, Economic loss: Damage to reputation: Verdict: Punitive damages
• Employees could bring ADEA claim where fact issues exist as to whether agreement to waive claim is supported by consideration
• Products liability
• Plaintiff is entitled to have attorney present at independent medical examination
• Medical negligence
• Intoxication defense inapplicable to intentional torts
• Entire personal injury settlement may be used to satisfy Medicaid liens
• Carpenter injured on barge may be seaman for Jone Act purposes
• Company alters agreement: Breach of good faith and fair dealing: State franchise law violations: Economic loss: Verdict
• Special duty exception applies where officers failed to arrest man violating protective order
• Police officer skids in school yard: Failure to inspect, sweep yard: Shoulder injury: Arthritis: Verdict
• Building's frame collapses on worker: Improper construction: Improper sheathing: Wrongful death: Structured settlement
• Employee's refusal to violate law not required for application of public policy exception to at-will employment doctrine
• Motorcycle collision: Failure to yield right-of-way: Respondent superior: Broken leg: Nerve damage: Settlement
• Attorney-client privilege applies where ERISA trustee seeks legal advice regarding personal liability
• Corporate partner uses partnership assets: Fraudulently secured releases: Stolen business assets: Economic loss: Verdict
• Building code violation constitutes evidence of negligence
• Child molested by teacher: Negligent hiring, supervision: Emotional distress: Verdict
• Grandmother could be awarded visitation over objection of custodial parent where it was in child's best interests
• Hospital replaces independent neonatologist with salaried doctors: Breach of contract: Bad faith: Verdict
• Professional negligence
• Warsaw Convention applies to domestic flights booked as part of single journey with origin and destination outside United States
• Prior rejection of UIM coverage invalid in North Carolina where insured does not select or reject UIM coverage during renewal
• Worker falls from ladder on scaffold: Failure to provide adequate fall protection: Eye, back injury: Settlement
• Attorney fees awarded under California statute belong to prevailing party