Law Reporter
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Articles in Jun 2000 issue of Law Reporter
- LMRA does not preempt state law claim for retaliatory discharge
- Firefighter's rule no longer considered valid in Massachusetts
- Punitive damages not reduced by plaintiff's negligence
- Supervisor's retaliatory harassment is actionable under Title VII
- City liable for driver's death caused by tree limb that fell from city property
- Car collides with motor home: Improper control of motor home: Speeding: Multipe fractures: Concussion: Lacerations: Settlement
- Punitive damages recoverable where defendant fails to produce financial records
- Driver's vehicle dropped by crane: FELA liability: Spinal injury: Embolism: Verdict
- Medical negligence
- Personal injury claims cannot be brought under Wisconsin lemon law
- Under FAA, motions to vacate, modify, or confirm can be brough in any district with general venue
- National Flood Insurance Act does not preempt state tort claims against floor insurers
- Cause of action for breach of express warranty does not extinguish cause of action for breach of implied warranty
- Forensic stylistics expert could not testify as to authorship of unknown writings
- Statements describing contents of book are noncommercial speech worthy of First Amendment protection, despite factual inaccuracy
- Products liability
- Death of car accident victim in helicopter crash on the way to hospital is foreseeable
- DOHSA not applicable to airplane crash in U.S. territorial waters
- Mandatory IOLTA program not a taking under Fifth Amendment
- Apartment fire: Improper inspection of fire extinguishers: Fire code violations: Wrongful deaths: Settlement
- Use of same name for product: Trademark infringement: Consumer confusion: Verdict: Punitive damages
- Children adopted by stepfather after father died can bring wrongful death, survival actions for father's death
- Punitive damages recoverable in estate conversion action
- General maritime cause of action exists for wrongful death based on negligence
- Prohibited interest rate on automobile loan: Breach of warranties: Excess interest: Repair costs: Settlement
- Diagnosis based on plaintiff's self-reported medical history does not render expert testimony unreliable
- Spotlight: Settlement for couple whose insurer helped prosecute husband for arson
- Termination of distributorship: Tortious interference with contract, business relations: Loss of profits: Postverdict settlement
- Parent must provide post-minority support to child who cannot be self-supporting due to disability
- School bus backs into student: Negligent backing of bus: Foot injuries: Verdict
- Requiring cash as collateral for loans violates TILA interest rates disclosure requirements
- Employee slips in rail yard: Failure to mitigate hazardous condition: FELA liability: Knee injury: Settlement
- Directing advertisements to forum sufficient to satisfy jurisdiction requirement
- University's mandatory student activity fee is constititional
- Applicability of policymaking exception to First Amendment retaliation protection depends on job duties, not job title
- False light invasion of privacy is recognizable claim distinct from defamation
- Two-vehicle collision: Driving while intexicated: Negligent operation of vehicle: Fibromyalgia: Verdict: Punitive damages
- Car crushed between truck and tractor trailer: Negligent operation of vehicles: Wrongful death: Fractures: Structured settlement
- Ambulance collides with car: Failure to stop at red light, use sirens and lights: Closed head injury: Left side body weakness: Settlement
- Professional negligence
- Supplier of electricity owes highest duty of care to man who drowned after his helicopter struck power lines
- Two-vehicle collision: Failure to keep proper lookout, maintain control of vehicle: Speeding: Leg injuries: Broken bones: Settlement
- Vehicle strikes police car: Failure to keep proper lookout: Driving while intoxicated: Disk injuries: Settlement: Punitive damages
- City's insurer denies coverage for police officer's criminal conduct: Breach of contract: Settlement
- Employee falls over railroad switch: FELA liability: Safety Appliance Act violation: Shoulder injury: Postverdict settlement
- Children molested by little league official: Assault: Emotional distress: Verdict
- Police officers were liable for injuries caused by suspect during high-speed chase
- Company investigates senator: Invasion of privacy: Civil conspiracy: Emotional distress: Injury to reputation: Verdict: Punitive damages
- Company uses patented information: Prior disclosure: Equitable estoppel: Verdict
- Worker falls from scaffold: Structural Work Act violations: Spinal fractures: Settlement
- Age-based restrictions on mobile home rentals are constitutional
- Woman raped in apartment: Fraud: Inadequate security: Brain injury: Posttraumatic stress: Settlement
- Mandatory arbitration agreement that limits discovery and caps punitive damages recoverable by employees is unconscionable
- Circumstantial evidence is sufficient to show injury in fact and traceability in Clean Water Act citizen suit
- Conditioning bar membership on purchase of life insurance violated First Amendment right to associate
- Electrical arc from power line injures worker: Failure to locate tower safe distance from electrical lines: Burns: Structured settlement
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