Law Reporter

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Articles in Sep 2002 issue of Law Reporter

• Spotlight: Discovery reveals insurer's practice of fighting legitimate claims
  by Scarlett, Thomas
• Expert testimony concerns possible adverse health effects of long-term exposure to carbon monoxide is admissible
• Worker falls through skylight: Failure to provide safe workplace: Quadriplegia: Leg amputation: Skull fracture: Verdict
• Supervisor may be individually liable for retaliatory discharge under California Fair Employment and Housing Act
• Pedestrian struck by tow truck: Failure to heed stop sign: Respondeat superior liability: Wrongful death: Settlement
• Arbitration clause that allows one party to seek judicial remedies is invalid for lack of mutuality
• Failure to file affidavit of merit in case transferred to New Jersey did not bar suit where simiiar filing was already made in New York
• Medical negligence
• Intersection collision: Blind spot at intersection: Brain damage: Verdict
• Contingent fee agreements are permissible in Social Security cases provided fees do not exceed 25 percent of past due benefits
• Exterior staircase collapses: Failure to properly attach staircase to building: Back injuries: TMJ injury: Settlement
• Professional negligence
• Girl sexually assaulted by inmate: Failure to supervise inmate: Posttraumatic stress disorder: Verdict
• Employer cannot use ERISA to gain portion of settlement not yet paid to benefit plan beneficiaries
• Trolley car starts suddenly: Failure to warn: Leg fracture: Verdict
• Utility that cut power to traffic signal without notice owed duty to driving public
• New York-based party can be sued in Massachusetts for conduct that caused tortious injury in Massachusetts
• Suicide and intentional injury exclusions do not bar benefits for death from autoerotic asphyxiation under ERISA
• Employers may exclude workers with disabilities from positions that could aggravate their disabilities
• Summary judgment was premature where entity's duties as shipowners and employer not yet separated under LHWCA
• Company uses box designs without permission: Breach of contract: Lost profits: Verdict
• Liability waiver required of horseback riders at lodge is contrary to public policy
• Plaintiff need not show risk of future harm is greater than 50 percent to recover damages
• OSHA domestic service exclusion inapplicable where contractor injured while performing tasks beyond skill of household members
• Collision at intersection: Stop sign obstructed by tree: Closed head injury: Cerebral palsy: Settlement
• Driver loses control of vehicle: Driving at excessive speed: Wrongful death: Settlement
• Golfer struck by golf ball: Placement of temporary tee too close to adjacent fairway: Loss of eye: Verdict
• Insurer terminates benefits: Refusal to pay: Bad faith: Verdict: Punitive damages
• Car struck at railroad crossing: View obstructed by vegetation: Wrongful death: Partial paralysis: Verdict
• Head-on collision: Driving while intoxicated: Negligent entrustment: Leg fracture: Facial lacerations: Settlement
• Prohibiting advertising of compounded drugs violates First Ammendment
• Article that was not "obvious satire" could be basis of defamation suit
• Products liability
• Professional practice was marital asset subject to equitable distribution in divorce even though professional degree was not
• School district policy requiring drug testing for all students participating in competitive extracurricular activities is constitutional
• Employee struck by block assembly: Jones Act violation: Cervical injury: Verdict
• Mental distress must be linked to physical injuries to be compansable under Warsaw Convention
• Law firm that allowed client to make smaller payments on bill is not a creditor under ECOA
• Police shoot unarmed man: Willful and wanton misconduct: Failure to inform of weapon discharges: Wrongful death: Settlement
• Marathon sponsor had duty to provide sufficient water and other drinks to runners
• "General acceptance" standard for novel scientific evidence applies in worker's comp cases
• Policy barring rehiring employees terminated for violating company rules violates ADA as applied to rehabilitated drug users
• Employee raped by supervisor: Sexual harrassment: Sexual assault: Intentional infliction of emotional distress: Verdict
• Child dropped out of vacant apartment: Failure to board up abandoned building: Wrongful death: Settlements
• Rear-end collision: Negligence in rear-ending vehicle stopped at red light: Wrongful death: Loan-receipt agreement: Verdict
• Pedestrian falls into drainage ditch: Failure to keep storm drain cover in place: Neck injury: Settlement
• Individual falsely arrested: Civil rights violations: Racial profiling: Inadequate training, supervision: Emotional distress: Settlement
• Patient falls through trapdoor: Failure to keep door closed, warn patients: Spinal injury: Lost use of legs: Structured settlement
• FTC "holder rule" protects purchaser even if defect is not immediately apparent
• Insurer denies coverage: Failure to pay claim: Ambiguous policy: Settlement