Law Reporter

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Articles in Dec 2001 issue of Law Reporter

• Steel plates fall on crew member: Failure to repair plate rack, secure plates: Leg fractures: Connective tissue injuries: Verdict
• Male employee taunted for effeminate behavior suffered sexual harassment under Title VII
• Rebar being off-loaded by crane strikes bus: Failure to stop traffic near construction work: Fractured ribs: Ruptured spleen: Settlement
• Pool hall can sue for trademark infringement based on overall design of its establishment
• Attorney not entitled to fees under quantum meruit where client not notified of possibility of such recovery
• Train's power system energizes during electrical repair: Failure to follow safety rules, lock and tag power boxes: Burns: Verdict
• Deli employee shoots man for parking illegally: Excessive force: Vicarious liability: Wrongful death: Verdict
• In defamation suit, company cannot ascertain identity of individual whose Internet statements were not shown to be harmful
• Tractor-trailer rear-ends vehicle: Hours-of-service violations: Driving while fatigued: Wrongful death: Settlement
• Products liability
• Visitor falls from apartment balcony: Failure to maintain railing: Fractured elbows: Postverdict settlement
• Definition of "accident" in Warsaw Convention includes intentional conduct
• Teacher involved in sexual relationship with student: Negligent supervision: Sexual abuse: Emotional distress: Settlement
• School board president not entitled to absolute immunity for allegedly defamatory statements about district employee
• Worker not paid overtime for sleep time: FLSA violations: Settlement
• Sexual assault in apartment complex: Inadequate security: Emotional distress: Verdict
• Exclusive remedy provision of workers' comp act does not bar tort claims against employer
• Steel hose strikes seaman: Jones Act negligence: Unseaworthiness: Inadequate training: Failure to warn: Leg amputations: Verdict
• Tractor-trailer collides with vehicle: Negligent lane change: Respondeat superior liability: Back injuries: Loss of consortium: Verdict
• Quality certificates bar manufacturer from disclaiming implied warranties
• Political committee allegedly sponsors false campaign ads: Defamation: Settlement
• African American woman forced to leave store after being suspected of shoplifting established prima facie discrimination case under section 1981
• At-will employee could sue former employer under 42 U.S.C. section 1981
• Worker falls through catwalk: Denial of workers' comp benefits: Fractured ankle, knee: Back pain: Verdict
• Federal cap on damages in discrimination cases should not have been used to reduce recovery under state law
• Nebraska adopts Daubert standard for admissibility of expert opinion
• Engagement ring should be returned to donor after marriage plans are abandoned
• Attorney claiming drug addiction as an injury may recover workers' compensation benefits
• Federal law prohibiting admissibility in state court of information compiled by state agencies is unconstitutional
• Jury instruction about customer being absorbed in shopping was not erroneous
• Professional negligence
• Parents of student assaulted by classmate can sue school
• Officer struck by vehicle: Failure to administer driving test ordered by officer: Wrongful death: Verdict
• Spotlight: Research and preparation lead to settlement for boy badly burned in stove tipover
  by Scarlett, Thomas
• Employee hit by hose while refilling locomotive: FELA, Inspection Act liability: Closed head injury: Structured settlement
• Intoxicated employee entitled to workers' comp for injuries sustained when employer was driving him home
• Insurer tells insured's counsel accident is "suspicious": Conflict of interest: Breach of implied covenant of good faith: Settlement
• Court should not have dismissed woman's custody request based on exercise of her constitutional right against self-incrimination
• Rule that excludes evidence of insurance does not bar plaintiff from explaining why she hired attorney
• Insurer refuses to make settlement offer in minor injury case: Abuse of legal process: Verdict
• Fall caused by employee's practical joke: Retention of unfit employee: Assault and battery: Shoulder, back, neck injuries: Settlement
• Rear-end collision: Failure to stop: Respondeat superior: Neck injuries: Spinal cord damage: Settlement
• Clarification
• Medical peer review materials not privileged in discrimination cases
• Company that lost big competition can sue for unfair competition and intentional interference with prospective economic advantage
• Vehicle slides on diesel fuel leaked by tractor-trailer: Failure to notice leak: Respondeat superior: Brain injury: Verdict
• Court's refusal to provide videotext display for person with hearing impairment violated ADA's reasonable accommodation requirement
• Bus with worn tires collides with car: Wrongly allowing bus on public roads: Collapsed lung: Rib, arm fractures: Settlement
• Economic damages award should not be reduced due to pretrial settlement by another defendant
• Medical negligence
• Railroad not liable for unforeseeable criminal act that caused train wreck where defect in track was not visible to crew members
• Police officers must exercise reasonable care when directing drivers to pull over for traffic violations
• Letter carrier falls on unsecured water meter cover: Negligent removal and maintenance of cover: Back injury: Verdict
• Secondhand smoke in workplace: Failure to provide safe work environment: Laryngeal cancer: Settlement: Verdict
• Individuals who downloaded software were not bound by license agreement that was not clearly made a precondition to the download
• Links to industry are grounds for disqualification of "independent" medical examiner in workers' comp case
• Crossing collision: Signal failure: Failure to warn of crossing danger: Shoulder, neck injuries: Verdict
• Minor's drowning may have been foreseeable result of store's sale of alcohol to his underage friend
• Insurer denies claim for disability benefits: Bad faith: Lost benefits: Settlement