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Articles in Apr 2000 issue of Law Reporter

• FAA does not bar state law claim against aircraft lessor
• Plaintiff not required to submit expert witness declaration for treating physician
• Insurer fail to notify insured of offer to settle uninsured claims within policy limits: Bad faith: Settlement
• Rhode Island statute authorizes prejudgment interest in excess of policy limits where insurer refuses arbitration
• Actively directing Web users to infringing Web sites may constitute contributory infringement under Copyright Act
• Inheritance not income for purposes of setting child support
• Damages for breach of fiduciary duty nondischargeable in bankruptcy
• Two-vehicle collision: Failure to heed stop sign: Paraplegia: Settlement
• Spotlight: Counsel advocates on water quality before court, legislature for parents whose child died of liver failure
• Request for employment records unrelated to lawsuit was overbroad
• Steel beam strikes worker: Failure to build safe motorized hoist and life system: Wrongful death: Settlement
• Insurance company uses inferior replacement auto parts: Breach of contract: Consumer fraud: Economic loss: Verdict
• Seaman's receipt of workers' comp benefits did not waive Jones Act claim
• Pedestrians struck by cart: Failure to equip cart with headlights: Negligent training: Ankle fractures, nerve damage: Settlement
• Train collides with car: Failure to install safety devices: Brain injuries: Verdict
• Release did not bar suit against scuba diving instructor for failure to follow basic safety guidelines
• Child considered resident relative of noncustodial parent for purposes of auto insurance coverage
• Attorney described negatively in directory can sue for defamation
• Employee demoted after filing workers' comp claim could recover for constructive discharge, intentional infliction of emotional distress
• Medical negligence
• Woman struck by falling elevator ceiling panel: Failure to warn hazard: Closed-head injury: Structured settlement
• Attorney's statements to reporter not protected by absolute privilege
• Government seizes property: Foreign Sovereign Immunities Act: Economic loss: Verdict
• Make-whole rule prevents employer from recovering benefits paid to employee under medical plan
• Attorney's pattern of domestic violence warrants disbarment
• Refusal to pay pension benefits: Violation of pension plan: Postverdict settlement
• Airline may be liable under Warsaw Convention for serving alcohol to intoxicated passenger who assaulted another passenger
• Collision with parked vehicle: Excessive speed: Failure to maintain control of vehicle: Thoracic fractures: Settlement
• Worker fired after reporting employer's allegedly illegal activities: Retaliatory discharge: Lost pay, benefits: Verdict: Punitive damages
• Misstatements during deposition are not fraud on court where party is confused, nervous, and of below-average IQ
• Man falls down stairs: Improperly secured carpet: Failure to warn: Aggravation of preexisting scoliosis: Chronic pain syndrome: Verdict
• Driver's Privacy Protection Act valid under Tenth Amendment
• Worker falls through hole in walkway: Failure to mark, cover opening: OSHA violations: Tibial fracture: Settlement
• Agent sells life insurance to woman seeking retirement plan: Fraud: Violation of consumer sales practices act: Postverdict settlement
• Citizens' group has standing to sue under Clean Water Act
• FAA inapplicable to contract not affecting interstate commerce
• Party must reveal video surveillance tapes upon request
• Corporate officers and directors entitled to documents prepared during their tenure with corporation
• Employee trips over raised manhole cover: FELA liability: Should, neck, and back injuries: Settlement
• City had duty to warn bather at public beach of dangerous conditions
• Hospital revokes staff appointment of physician who publicly voiced quality of care concerns: Retaliation: Postverdict settlement
• Michigan law does not allow employer to coordinate payment of workers comp disability benefits with Social Security survivor benefits
• Race car collides with flag stand: Mechanical failure: Wrongful death: Emotional distress: Verdict
• Worker falls off bridge: Structural work act violations: Failure to provide safe workplace: Broken hip, pelvis: Settlement
• Donor entitled to return of engagement ring even if donor breaks engagement
• RCRA preempts state law provision restricting citizen suits
• Child molested by stepfather: Assault: Psychological injury: Verdict: Punitive damages
• Spouse's claim for death benefits under LHWCA not subject to forfeiture if employee alive when spouse enters into settlements
• Vermont statutes denying same-sex couples marriage licenses violate state constitution
• Nonfamily members may not sue for bystander emotional distress
• Arbitration provision in purchase and sale agreement does not apply to tort claim
• Bus collides with bicycle: Inattentive driving: Wrongful death: Settlement
• "Contact sports exception" to general negligence rule applies to claims by injured paintball game participant
• Newspaper publishes damaging articles: Defemation: Injury to reputation: Lost income: Verdict: Punitive damages
• Wrongful death suit permitted against dealership that misrepresented model year of car
• Professional negligence
• Student raped in school bathroom: Grossly negligent supervision: Emotional injuries: Structured settlement
• Arbitration clause in partnership agreement applies to claim for dissolution
• Asbestos and silica dust exposure: Inadequate warnings, education: FELA liability: Lung disease: Settlement
• Court may not limit party's evidence to proffers from counsel
• Statute limiting access to arrest data not subject to First Amendment facial challenge
• Products liability
• First Amendment Petition Clause not limited to matters of "public concern"