Law Reporter

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Articles in Jun 2002 issue of Law Reporter

• Company uses product design without permission: Copyright infringement: Verdict
• Dogs escape from golf course and chase pedestrian into auto traffic: Failure to control dogs, secure gates: Brain damage: Verdict
• Company enters into joint venture with supplier's competitor: Fraud: Financial losses: Verdict: Punitive damages
• Attorney who directed investigator to misrepresent his identity and purpose to obtain information is liable under disciplinary rules
• Health plan enrollees subject to subrogation, reimbursement claims: Wrongful subrogation and reimbursement practices: Settlement
• Employee's coworkers use funnel as makeshift urinal: Hostile work environment: Constructive termination: Verdict
• Refusal to provide refund for defective car: Fraud: Nondisclosure under "lemon law": Settlement: Verdict: Punitive damages
• Driver distracted by cell phone: Negligent operation of vehicle: Vicarious liability: Brain injury: Cognitive deficits: Settlement
• Worker who does not meet definition of seaman under Jones Act is not precluded from compensation under general maritime law
• Worker injured when furnace backfires: Improper training of furnace operators: Shoulder, ankle injuries: Settlement
• Statute immunizing government from liability for design-caused accidents does not bar liability for negligence independent of design
• California judges cannot conduct private judicial binding arbitrations
• Bank replicates software system: Fraud: Lost profits: Verdict: Punitive damages
• Crossing collision: Improper lifting of stop and protect order: Improper lookout: Brain injuries: Verdict
• Landlord may be liable to estate of murdered tenant for failure to change locks following tenant's request
• Organization with membership, marketing, and contractual contacts with state is subject to personal jurisdiction in that state
• Feres doctrine does not bar service person's claim under Privacy Act
• Female employee not allowed to compete for position awarded to man: Sex discrimination: Retaliation: Emotional distress: Verdict
• Imposition of credit card fee shortly after promise of "no annual fee" in solicitation materials violates Truth in Lending Act
• Displaying full-size images in frame on Web site violated photographer's exclusive right to publicly display his works
• Firm can interview employees of organization who do not have managerial responsibility with regard to subject of representation
• Longshoreman injured while assisting ship's crew can sue ship and dock owner for negligence under LHWCA
• Professional negligence
• Immunity may not apply where firefighters reportedly violated regulations or policies when attempting to control fire
• FELA settlement was not marital property under Arkansas statute
• Award for mental anguish not subject to strict review on appeal where plaintiff showed related physical symptoms
• Woman, child struck by vehicle: Failure to defend insured: Wrongful death: Settlement
• Bank teller shot during robbery: Inadequate security system: Failure to install panic buttons for tellers: Quadriplegia: Verdict
• Worker exposed to insecticides: Misuse of insecticides: Reactive airways dysfunction syndrome: Settlement
• School principal is not public official for purposes of defamation claim
• Insurer cannot limit coverage based solely on classifications
• Injury caused by light or moderate turbulence not actionable under Warsaw Convention
• Window washer falls to ground when ladder breaks: State labor law violation: Fractured skull, leg: Settlement
• Medical negligence
• Physician's opinion that medical worker probably contracted disease at workplace is suffcient for burden in workers' comp claim
• Cap on city's tort liability does not apply to basic economic loss benefits under no-fault automobile insurance law
• State officer who arrested individual for refusing to identify himself is not entitled to qualified immunity
• Rear-end collision: Negligent lane change: Negligent hiring: Respondeat superior: Leg amputation: Leg fractures: Verdict
• Insurer cannot limit duty to defend by paying plaintiff in suit against insured to replead covered claims as uncovered claims
• Failure to appear with new attorney within designated time period does not warrant dismissal where neglect is excusable
• Store customer trips over delivery cart: Careless operation of cart in area used by general public: Partial paralysis in arm: Verdict
• Employment discrimination plaintiff need not plead prima facie case in complaint
• Truck crosses centerline and collides with vehicle: Improper lookout: Respondeat superior: Wrongful death: Postverdict settlement
• Products liability
• Spotlight: Counsel wins settlement for families of two boys killed by explosion following gasoline pipeline leak
  by Scarlett, Thomas
• Exclusive remedy provision of workers' comp law does not preclude employee's action for defamation
• Evidence of OSHA violations is admissible in personal injury lawsuit to show standard of care
• Indiana law that authorized state to confiscate portion of punitive damages award violates state constitution
• Recreational activity doctrine does not bar lawsuit against bicyclist who collided with pedestrian on trail
• Applicant denied medical license due to mental illness may bring claim under ADA
• Head-on collision: Driving at excessive speed: Skull fracture: Brain damage: Verdict