Law Reporter

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Articles in Oct 2002 issue of Law Reporter

• Professional negligence
• State's voluntary removal of case to federal court waives 11th Amendment immunity
• Final divorce judgement establishing a child support obligation for divorcing husband constitutes final determination of paternity
• Real estate broker who breached independent duty of care to contractual party can be held liable for economic losses
• Ill employee told to wait for ride: Failure to provide maintenance and cure: Wrongful death: Judgement
• Patron attacked by pizzeria employees: Negligent ejectment, hiring, supervision: Facial fractures: Settlement
• California public policy required insurance policy covering collapse of structure to provide coverage where collapse was imminent
• Correction
• Crime report entitled to qualified, rather that absolute, privilege
• Tractor-trailer collision: Failure to stop at red lights: Respondeat superior: Quadriplegia: Settlement
• Mold seeps into condominium: Failure to repair water leak in vacant unit: Liver damage: Verdict
• Worker falls from roof: Failure to provide safe workplace: Multiple fractures: Spine derangement: Structured settlement
• ERISA does not preempt state law claims alleging plan administrator solicited and disseminated participant's medical information
• Tugboat and barge run aground by another vessel: Unsafe speed: Structural damage: Lost cargo value: Verdict
• Use of photograph by sexually oriented magazine without subject's consent supports false impression claim
• Pedestrian trips on sidewalk: Negligent design: Skull fracture: Lacerations: Verdict
• Indirect purchasers of computer operating system have standing to sue under Iowa antitrust statute
• In-house counsel can bring retailatory discharge claim for termination in violation of public policy
• Products liability
• Missouri declines to adopt apex rule
• Statement that plaintiff received tax-free benefits is inadmissible
• Medical negligence
• Overcoming pesticide company's discovery abuse, counsel obtains verdict for victim of fire ant attack
• Tractor-trailer collision: Negligent permit process: Failure to maintain road in safe condition: Wrongful death: Settlements: Verdict
• California fair employment and housing panel has authority to award monetary damages for emotional distress
• New York kosher food laws violate Establishment Clause
• Homeowers who held garage sale and failed to mow lawn may be liable for shopper's injury
• Group home van overturns: Driving on flat tire: Driving under influence: Wrongful death: Verdict: Punitive damages
• Energized power line: Failure to de-energize or cover wire: Inadvertent contact: Burns: Closed head, spinal injury: Settlement
• Failure to apply for vacancy does not bar discrimination claim where record fails to show employer had clear promotion procedures
• Van hits steel construction plate: Speeding: Hazardous condition of city property: Multiple fractures: Settlements
• Dose information not necessary to prove generic causation
• Survivor of subcontractor's employee may claim general contractor's failure to close road created direct hazard to public
• Under Montana law, engagment ring is inter vivos gift, not conditional gift revocable upon termination of engagement
• Company that completely refurbished products but maintained original manufacturer's trademarks violated Lanham Act
• Insurance provision requiring claimants to present testimony other than their own to prove facts of accident is unenforceable
• Employee develops osteoarthritis from ballast: Failure to follow engineering rules: Osteoarthritis in knees: Settlement
• Physically ill man influenced to sign new will: Undue influence: Disinheritance: Postverdict settlement
• Agency's failure to maintain irrigation system does not fall under discretionary function exception to FTCA
• Terminated contractor refuses to refund advance: Conversion: Unfair trade practices: Settlement
• Homeowner's foot caught in hole in floor left by contractor: Failure to erect barrier or warn: Fractured foot: Settlement
• Innocent coinsureds may recover their share of losses notwithstanding fraudulent statements by other coinsured party
• Pulmonologist's reading of CT scan not surfficient to overcome finding of employee's occupational illness
• Sidewalks considered "program, service, or activity" under ADA and Rehabilitation Act
• Security company that operated checkpoint used by international passenger not insulated by Warsaw Convention
• Rear-end collision: Driving while intoxicated: Respondeat superior: Hemorrhage: Elbow, back fractures: Settlements
• Truck collides with vehicle: Negligent hiring: Respondeat superior: Brain damage: Spinal injuries: Settlement
• Federal endorsement provision to trailer policy covered tractor-trailer driver even though driver not named insured under policy