Law Reporter

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Articles in Sep 2000 issue of Law Reporter

• Equitable remedies, treble damages sought should be considered in determining whether amount in controversy requirement is satisfied
• Consent form giving frozen preembryos to wife if couple separates unenforceable
• Arbitration clause in contract lacking substantial effect on interstate commerce not enforceable under FAA
• Florida abolishes standing train doctrine
• Bus strikes police car: Failure to observe police car: Multiple fractures: Memory loss: Verdict
• Punitive damages available to ship passengers under general maritime law
• Group defaults on obligation to buy shares: Breach of contract: Fraud: Lost profits, business: Verdict: Punitive damages
• AIDS is occupational disease for purposes of Kentucky worker's comp act
• Two-car collision: Excessive speed: Failure to remain to right of yellow lines: Spine, ankle fractures: Structured settlement
• Denial of (Sec) 1404(a) transfer motion proper where defendant failed to demonstrate public and private interest factors favored transfer
• Spotlight
• Hearsay statements of physicians cited by expert witness are admissible
• Misapplication of pesticides: Negligence: Consumer Protection Act violation: Fibromyalgia: Diabetes: Allergies: Verdict
• Trusses fall on worker: Lack of safety latch on crane hooks: Fractured wrist: Verdict
• Airport administrator not barred from suing for injurty resulting from resuce of pilot
• Insured can have attorney present during medical exam for PIP benefits
• Tractor-trailer collides with car: Driving in unsafe manner: Excessive speed: Megligent retention: Wrongful deaths: Settlement
• FFCCSOA is remedial legislation that applies retroactively
• Injured driver entitled to policy limits on separately insured tractor and trailer involved in single accident
• State procedural rule applies in federal diversity action where no federal rule is on point and Erie approach supports use of state rule
• Trial court lacked authority to reduce attorney fees in mass tort settlement
• Hotel may be liable for theft in room despite state law limiting liability
• Truck collides with police vehicle: Negligence in horse training operation: Failure to use signal: Herniated disk: Verdict
• Disqualification of defense counsel warranted where counsel contacted treating physicion in violation of civil procedure rule
• U.S. Supreme Court's Faragher analysis does not apply to claim of discrimination in place of public accommodation
• Child dies after pool accident: Negligent hiring, training, and supervision of lifeguards: Cardiac arrhythmia: Wrongful death: Verdict
• Modification of consent decree not justified without change in circumstances or reasonable effort to comply with decree
• Man falls into elevator shaft: Failure to provide effective lock system for gate: Inadequate lighting: Pelvic fractures: Brain injury: Verdict
• Receipt of social security disability benefits does not bar discriminatory termination claim under state statute
• Vehicle strikes pedestrian in crosswalk: Improper lookout: Multiple fractures: Subdural hematoma: Structured settlement
• Defamation claim allowed to proceed despite absence of proof of damages
• Plaintiff must pay taxes on portion of award used to pay counsel's contingency fee
• Professional negligence
• Van collides with car: Negligent operation of motor vehicle: Chest trauma: Partial paralysis: Structured settlement
• Medical negligence
• Employee falls from chair: FELA liability: Failure to provide adequate equipment: Herniated disk: Verdict
• Compant repossesses furniture: Wrongful repossession: Loss of personal property: Mental anguish: Settlement
• Mother and daughter abducted in store parking lot: Failure to provide adequate security: Posttraumatic stree: Verdict
• Insurer that denies "fairly debatable" claim can be sued for bad faith
• Attorney's use of law directory rating in advertisement is protected commercial speech
• Care struck in police chase: Failure to exercise due care, follow policies: Fractures: Collapsed lung: Settlement
• Plaintiff is entitled to full amount of medical bills despite physician's acceptance of discounted fee
• Separation agreement with general waiver language does not waive woman's rights as beneficiary of ex-husband's IRA
• Workers fall from scaffolding: Failure to notify contractors of safety violations: Fractured vertebra: Torn rotator cuff: Settlement
• Evidence of asbestos company's negligence was properly admitted
• Relative terminated from family business: Breach of fiduciary duty: Civil conspiracy: Lost profits: Decreased stock value: Verdict
• Company dumps hazardous chemicals onto property: Contamination of land: Nuisance impairment of market valur: Settlement
• Exclusion for use or supervision of auto does not apply where someone outside vehicle directs driver
• Parents of minor who died in accident can sue bar that served him alcohol
• Worker with disability denied promotions: ADA violation: Loss of pay, benefits: Emotional distress: Settlement
• Store guards detain couple: Wrongful detention: Negligent supervision: Emotional distress: Verdict: Punitive damages
• Tractor-trailer stops suddemly to avoid collision: Negligence in operation of trucks: Hand, back injuries: Verdict
• County worker terminated after publicly criticizing government officials: Retaliation: Lost pay, benefits: Verdict: Punitive damages
• Contingent fee portion of settlement award not considered part of client's taxable income
• Products liability
• Man injured when canoe falls off rack: Failure to maintain, inspect post: Closed head injury: Hearing loss: Verdict
• Hunter accidentally shot: Negligent firing of rifle: Loss of sight: Settlement