Law Reporter
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Articles in Jun 2001 issue of Law Reporter
- Male employees fired for violating work rule: Sex discrimination: Verdict
- Products liability
- Proof of specific defect not necessary for breach of warranty claim
- Expert's opinion challenging statutory presumption in inadmissible
- Pharmaceutical salesperson's presence during medical exam was sufficient to sustain cause of action of invasion of privacy
- School bus collided with van: Failure to yield right of way: Abdominal injuries: Wrongful death: Structured settlement
- Suspended attorney still subject to state professional conduct rules
- Employee allegedly harassed by supervisor: Sexual harassment: Strict liability: Emotional distress: Verdict
- Two-vehicle collision: Failure to keep a proper lookout, maintain clear distance: Herniated disk: Settlement
- Retroactive application of CERCLA does not violate constitutional rights
- State's appropriation of interest generated in IOLTA accounts is Fifth Amendment taking
- Professional negligence
- State labor law may be applied in maritime injury case
- Divorce revocation statute may not be applied retroactively
- Loss of enjoyment of life is element of damages separate from pain and suffering
- Casino may be liable for delivering intoxicated patron to motel room where she was raped
- School serves contaminated beef: Manfucture of unsafe product: Kidney failure: Hemolytic uremic syndrome: Settlement: Verdict
- Nonconsensual drug testing of pregnant women for law enforcement purposes was unconstitutional search
-
Spotlight: Victims' families receive settlement for violent parolee's attacks
by Cragg, Jennifer L - Sanctions appropriate against attorney who instructed deposition witness to refuse to answer questions based on relevancy
- Hazardous substance leaks in box: Failure to train in handling dangerous materials: Failure to warn: Respiratory problems: Verdict
- Assault of passenger on airline not necessarily actionable under Warsaw Convention
- Stack of frames falls on worker: Improper stacking of frames: Fractured ribs, nose: Herniated disk: Verdict
- Records related to investigation that led to employee's termination are part of personnel file and must be provided to employee
- Student falls from playground equipment: Inadequate supervision: Spondylolysis: Structured settlement
- ERISA preempts state statute that disqualifies spouse as beneficiary of non-probate asset upon divorce
- Scaffold breaks: Failure to provide safe workplace: Fractured elbows: Torn knee ligament: Verdict
- Damages award for deliberate failure to pay employee wages is nondischargeable debt
- Utility truck collides with vehicle: Improper left turn: Facial lacerations: Torn rotator cuffs: Cognitive difficulties: Verdict
- Child Support Recovery Act violates Tenth Amendment
- Fertilizers and pesticides from shed wash into fish pond: Pollution exclusion clause: Failure to defend, indemnify shed owner: Verdict
- Man shot, wife and daughter arrested during police raid: Section 1983 violations: False arrest: Wrongful death: Structured settlements
- Car pursued by police officers strikes vehicle: Failure to stop at red light: Rental car company liability: Wrongful death: Settlement
- Child falls from playground equipment: Inadequate supervision: Broken neck: Brain damage: Structured settlement
- Improper interest rate adjustment on loans: Failure to use latest index: Higher interest rates: Less reduction in principal: Settlement
- Employee cannot claim retaliation for complaining about incident that no reasonable person could have believed was unlawful
- Magnuson-Moss does not preclude arbitration of breach of warranty claim despite arbitration agreement's silence as to costs
- Tractor-trailer collides with vehicles on shoulder: Failure to properly change lanes: Wrongful death: Zone of peril: Settlements
- Duty to defend attaches where facts support remedy that is not pleaded
- Sealed drum containing flammable material explodes: Failure to properly dispose of drums: Burns: Loss of consortium: Verdict
- Discretionary function exception to FTCA does not apply to government's enforcement of safety regulations for logging operation
- Worker slips, falls on ice: Failure to clear ice from floor of construction site: Herniated disk: Settlement
- Discharged attorney entitled to fee despite attorney's violation of ethical duty
- Plaintiff may win punitive damages for intentional harm even if only damage was to property
- Arbitration provision in first computer purchase contract did not cover dispute arising from subsequent upgrade purchase
- "Assemblage of land" theory is admissible to determine value in taking case
- Employee allegedly fired for refusing to perform illegal act: Wrongful discharge: Emotional distress: Verdict: Punitive damages
- Expert testimony on effects of methamphetamine on drivers is admissible
- Man liable for negligent entrustment of ATV to son where injury was caused by son's friend
- Railroad grants subsidiary permission to lay fiber-optic cable along right of way: Improper use of right of way: Structured settlement
- EPA's approval of herbicide label under FIFRA does not preclude need to obtain discharge permit under CWA
- Under FDCPA, loan's purpose can justify classifying it as consumer, despite evidence that it was commercial in nature
- "Rational juror" standard remains applicable for review of punitive damages in Oregon
- Two-vehicle collision: Failure to yield right of way: Closed head injury: Multiple fractures: Partial blindness: Settlement
- Girl bitten by dog on owner's porch: Strict liability: Facial scarring: Structured settlement
- Locomotive collision: Overhanging locomotive on junction: Wrongful death: Settlement
- Federal Railroad Safety Act preempts railroad employee's excessive speed claim under FELA
- Company terminates contract: Breach of contract: Incomplete payment: Verdict
- Employee who fell in shopping center parking lot while arriving at work is entitled to workers' comp.
- Commercial building owner has duty to remedy icy conditions
- Truck pushes vehicle into traffic, collides with other vehicle: Respondent superior liability: Wrongful deaths: Settlements
- FAA does not require that suit to enjoin arbitration be brought in conractually designated arbitration location
- Automobile crash on icy roads: Water leakage from lawn maintenance systems on adjacent premises: Wrongful death: Settlement
- Medical negligence
- Employee falls from fireman's seat: FELA liablity: Boiler Inspection Air violation: Activation of preexisting spinal condition: Verdict
- Expired utility patent on design is strong evidence that design is functional and not entitled to trade dress protection
- Exemption clause of the FAA applies only to employment contracts of transportation workers
- Clarification
- State-court tort action by seaman against shipowner can proceed if defendant's right to limited liability is protected
- Explosion in laundry room: Improper opening of gas line: Burns: Exhaustion: Settlement
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