Law Reporter

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Articles in Feb 2001 issue of Law Reporter

• Worker injured while lifting stack of chairs: Failure to provide safe workplace: Torn rotator cuff: Verdict
• Professional negligence
• Medical negligence
• Terminated employee forced to clean out office in front of others may be entitled to distress damages resulting from denial of due process
• Administrative law judge can make prospective award to injured maritime employee
• CWA citizen suit can proceed where state water quality laws not comparable to federal laws
• Interview notes prepared by firm during investigative audit not protected by attorney-client privilege
• Pedestrian struck by pickup truck: Lack of storm drain on concrete abutment along highway: Wrongful death: Verdict
• Two-vehicle collision: Failure to heed stop sign: Lack of emergency lighting: Wrongful death: Settlement: Verdict
• Contaminated water: Negligent discharge of pollutants: Misrepresentation: Mental distress: Decline in property values: Settlement
• Products liability
• Guest attacked in motel room: Inadequate security: Loss of hearing: Posttraumatic stress disorder: Settlement
• Officers who ejected intoxicated person from bar into subfreezing temperatures do not have qualified immunity
• School's "zero tolerance" weapons policy violated student's due process rights
• Creditor's knowledge of debtor's legal representation may be imputed to collection agent under FDCPA
• Guest falls while visiting home: Negligent concealment of step: Brain injury: Settlements
• Employee slips on embankment: FELA liability: Violation of bridge worker protection standards: Multiple fractures: Verdict
• Asbestos expert's extrapolation from positive dust samples is admissible
• Utility owed duty of ordinary care to helicopter occupants where aircraft crashed after flying into unmarked power lines
• Worker fired after reporting employee theft: Violation of public policy: Settlements: Verdict: Punitive damages
• Non-solicitation clause in at-will employment agreement is unenforceable
• Vacation, sick leave are not marital property
• Trailer breaks loose from crane truck and strikes girl: Inadequate securing of trailer: Head injuries: Structured settlement
• Anonymous Internet posting accuses doctor of accepting kickbacks: Defamation: Injury to reputation: Verdict: Punitive damages
• Holding of livestock competition is proprietary function that defeats sovereign immunity of county agricultural society
• Right under TILA to bring a class action is waivable if valid arbitration agreement exists
• Finding of bad faith not prerequisite to imposing sanctions againsst attorney for conduct as officer of court
• Shopper struck by falling merchandise: Failure to limit height of stacks: Neck, lower back injuries: Verdict: Punitive damages
• Armored vehicle collides with bike: Failure to yield right of way: Respondeat superior liability: Torn cartilage: Hernia: Verdict
• Severe and permanent injuries warrant substantial damages award to customer assaulted by store employee
• Truck strikes drives of stopped flatbed trailer: Inattentive driving: Fatigue: Wrongful death: Postverdict settlement
• Supervisor of highway workers struck by motor vehicle: Improper lookout: Reckless driving: Leg amputation: Settlement
• Train strikes vehicle at crossing: Obstructed view: Failure to properly maintain crossing gates: Wrongful death: Verdict
• Realtor denied commission: Breach of exclusive-right-to-sell agreement: RICO claim: Loss of commission: Settlement
• Life insurer denies payment on policy: Bad faith: Breach of contract: Unfair trade practices: Emotional distress: Settlement
• Bankrupt defendant must still pay verdict for intentional infliction of emotional distress
• Foundry workers exposed to asbestos: Failure to provide respiratory equipment: Failure to warn: Asbestosis: Colon cancer: Verdict
• Wrestler falls 78 feet during failed stunt: Negligent performance: Failure to train: Wrongful death: Settlement
• Two-vehicle collision: Improper turn: Brain injury: Connective tissue injuries: Memory, concentration problems: Verdict
• Illegal policy cancellation: Bad faith: Breach of contract: Settlement
• Attorney retained to depose witness can receive local rate for services, even though case litigated in another jurisdiction
• Misrepresentation of company's commercial activities is actionable under Lanham Act
• Duty of care in team athletics is measured by recklessness standard rather than ordinary negligence rule
• Nonpecuniary damages are recoverable in claim involving offshore crash of helicopter taxi
• Spotlight: Counsel shows injury full impact of man's "mild" traumatic brain injury
• Arbitration agreement's silence regarding costs, fees of arbitration insufficient to render agreement unenforceable
• Insurer delays, denies medical payments: Breach of implied covenant of good faith and fair dealing: Settlement
• Worker injured in electrical fire: Negligent design, construction of motor control center: Burns: Loss of consortium: Verdict
• Abusive relationship: Assault and battery: Breach of contract: VAWA violation: Verdict: Punitive damages
• Attorney who solicited sex from minors over Internet engaged in conduct prejudicial to administration of justice
• Employment relationship between jurors and defendant creates sufficient bias to support challenge for cause
• Motocycle collides with cargo truck: Improper lookout: Negligent retainer: Epidural hematoma: Cognitive deficits: Settlement
• Employee's sexual harassment complaints to store manager constituted actual notice of harassment to employer
• Worker fired for excessive absences: Violation of California Family Rights Act: Emotional distress: Lost pay: Postverdict settlement
• Attorney arrested for allegedly hindering fugitives' capture: Improper warrant: Injury to reputation: Verdict: Punitive damages
• Child support obligator's earning capacity, not income, determines amount of wages subject to garnishment under CCPA
• Customer detained and searched by store employees: False imprisonment: Stomach problems: Emotional distress: Verdict
• Differing theories of plaintiffs' experts on cause of plane crash do not preclude judgment for plaintiffs
• Gravel truck collides with car: Overloading of truck: Multiple fractures: Nerve, muscle loss: Verdict
• Tubing on ship breaks free and strikes seaman: Improper installatio, maintenance: Nerve damage: Arm paralysis: Settlement