Law Reporter

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Articles in Feb 2000 issue of Law Reporter

• Intersection collision: Failure to heed red light: Ruptured spleen: Verdict
• "Planning/operational" test determines applicability of discretionary function exception to governmental tort liability in Tennessee
• Physical injury not needed to recover damages for emotional distress based on fear of AIDS after exposure to HIV-positive blood
• Divorce decree amendment granting survivor's annuity to former spouse of deceased pension plan participant not QDRO
• Bricklayer falls from scaffolding: Failure to provide adequate safety devices: Heel fracture: Surgery: Settlement
• Clarification
• In memoriam: Tom Lambert, ATLA's poet laureate
• Officer who failed to use blue lights and siren while speeding not entitled to immunity
• ALJ decision properly admitted under public records exception
• Tennessee statute allowing disclosure of adoption records constitutional
• Insurance company provides information about law firm to newspapers: Defamation: Damage to reputation: Settlement: Verdict
• Store may be liable for slip and fall even though it did not know of hazard
• Texas wrongful death and survival statutes unconstitutional as applied to parents of viable fetus fatally injured before birth
• Insurer pressures medical care providers to end treatment: Breach of contract: Bad faith: Verdict
• Plaintiff has absolute right to dismiss complaint before defendant serves answer or motion for summary judgment
• Exculpatory clause in maritime contract inapplicable to gross negligence or intentional misconduct
• Professional negligence
• Products liability
• State cause of action against lenders for failure to disclose inflated costs no preempted by federal disclosure law
• Estate representative may challenge discharge of wrongful death claim against bankruptcy debtor
• Season ticket holder has fraud claim against sports franchise for falsely stating team would remain local
• Driver runs red light: Speeding: Driving while intoxicated: Failure to use headlights: Brain damage: Verdict
• CERCLA permits joint liability in contribution suit
• Firm vicariously liable for treble damages awarded against attorney
• National Flood Insurance Act does not preempt state law claim for breach of covenant of good faith and fair dealing
• Company appropriates idea for visitor center: Breach of contract: Fraud: Lost earnings: Verdict: Punitive damages
• Pedestrian struck by truck: Improper lookout, crossing into shoulder: Ruptured spleen: Leg fracture: Settlement
• Landowners owe any non-trespassing entrant duty of reasonable care
• Worker falls from roof at construction site: Negligent installation of roof jacks: Leg fractures: Nerve damage: Surgeries: Settlement
• Rule restricting prosecutors from subpoenaing attorneys to disclose information about clients in criminal matters constitutional
• Employer's requirement that employee provide tape-recorded voice exemplar may violate Employee Polygraph Protection Act
• Spotlight: Counsel helps woman recover emotional distress damages for female partner's wrongful death
• Disability discrimination: Retaliation: Rehabilitation Act of 1973: Emotional distress: Postverdict settlement
• Front pay awards under Title VII not subject to statutory cap on compensatory damages
• Juvenile released from state custody: Improper release: Wrongful deaths: Gunshot wound: Settlements: Structured settlements
• Sexual assault: Negligent supervision: Physical, emotional distress: Settlement: Verdict
• Motorcycle police officer collides with truck: Failure to warn of sudden stop: Herniated, bulging disks: Verdict
• Medical negligence
• Worker injured unloading pipes: Improper securing of load: Failure to use side stanchions: Heel injuries: Verdict
• Division of personal injury settlements between divorcing spouses should be based on purpose of compensation
• Ohio tort "reform" law unconstitutional
• Officer mistakenly shoots other officer: Improperly permitting officer to be SWAT team member: Wrongful death: Settlement
• FRSA does not preempt railroad company's state law duty to properly inspect and maintain grain car hatch
• Medical expert's standard of case testimony not subject to Daubert test
• Bankruptcy code does not preempt state court from imposing sanctions against attorneys for filing bankruptcy petition in bad faith
• Owner may be liable for injuries caused by domestic animal even when animal displays no vicious propensities
• Fire chief not entitled to qualified immunity for impinging on firefighter's exercise of political speech
• Evidence of other accidents involving identical automatic door admissible in negligence action
• Bivens action based on warrantless search of federal employee's home not preempted by CSRA
• Posttraumatic stress disorder compensable under Warsaw Convention
• Attorney must pay previous attorney's contingent fee, absent agreement otherwise
• Head-on collision: Respondeat superior liability: Failure to properly educate employees: Wrongful death: Leg fracture: Settlement
• Insurer refuses to settle claim within limitations period: Bad faith: Wrongful death: Settlement
• Parent's earnings from part-time job should be considered income in calculating child support obligation
• Defamation claim exists for letter charging professional misconduct
• Snowboarder collides with snowmobile: Failure to keep proper lookout: Ankle fracture: Verdict