Law Reporter

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Articles in Dec 2002 issue of Law Reporter

• Worker falls from beam: Failure to safely operate crane: Brain injury: Multiple fractures: Settlement
• Insurer delays investigation and payment: Breach of contract: Bad faith: Unfair trade practices: Emotional distress: Settlement
• Explosion in grain elevator: Failure to control dust: Asphyxiation: Wrongful death: Verdict
• Product liability
• Companies terminate sales representative: Breach of contract: Lost commissions: Emotional distress: Settlement
• Child and pregnant mother arrested: False arrest: Unreasonable detention: Excessive force: Stillbirth: Emotional distress: Settlement
• Failure to obtain approval before compromising tort claims did not require forfeiture of future workers' compensation benefits
• Gasoline additive pollutes groundwater: Failure to warn: Undrinkable water: Remediation costs: Settlement: Postverdict settlement
• Test parachute entangles with aircraft: Improper preparation of parachute: Premature deployment: Quadriplegia: Settlement
• Exlusivity provision of workers' compensation law does not bar employee's spoliation claim against employer
• Employer eliminates senior nurse's position without documenting reasons: Age discrimination: Verdict: Punitive damages
• Head-on collision: Negligence in falling asleep while driving: Insurance dispute: Brain injury: Settlement
• Dog escapes from yard and runs into road: Failure to close gate: Wrongful death: Postverdict settlement
• Salon applies acrylic nails to bleeding fingers: Osteomyelitis: Amputation: Settlement
• Federal government is liable for entire cost of pollution cleanup at war production plant
• Title IX applies to study abroad programs
• Worker falls through hole in deck: Failure to provide fall protection: Multiple vertebrae fractures, removal of disks: Settlement
• Partnership may not retroactively deny retired partners vested benefits
• Woman who miscarried due to tortious act can recover emotional distress damages for loss of pregnancy
• Insurance company must adequately advise named insured regarding underinsured motorist coverage
• Ride: Patron falls out, becomes trapped: Lack of automatic latching doors, bumper sensors: Internal injuries: Brain damage: Settlement
• Mining company encroaches on land: Trespass: Nuisance: Settlement
• Sex discrimination victims' counsel achieve changes in company's personnel policies
• Drain cleaner splashes in shopper's eyes: Failure to inspect: Chemical burns: Verdict
• Woman struck by car while waiting in store line: Failure to erect barriers: Leg amputation: Settlement
• Attorneys do not owe each other a fiduciary duty to maximize fees in a case
• Class-wide arbitration award is valid, where agreement did not specifically forbid it
• Reasonable suspicion not required for random luggage search
• Personal jurisdiction based on forum contacts is proper where company conducts business through Internet
• Terminated worker induced to sign release: Fraud: Age discrimination: Lost income: Heart attack: Postverdict settlement
• Engineer's opinion on effect of low-speed collisions was inadmissible because he lacked experience conducting tests in this field
• SUV collides with bicycle: Failure to yield to pedestrian: Wrongful death: Verdict
• Federal Circuit jurisdiction cannot be based on patent law counterclaim
• Discretionary relief available where attorney's legal assistant made typographical error in offer to settle
• Boy drowns in college swimming pool: Inadequate lifeguard training: Reckless inattentiveness: Wrongful death: Settlement
• Workers over 40 may sue under ADEA where employer gave workers over 50 more favorable retirement benefits
• Denial of permit to future methadone clinic violated ADA and Rehabilitation Act
• Driver loses license after insurer fails to defend claim: Breach of contract: Verdict: Punitive damages
• Negligent striking: Brain damage: Broken cheekbone: Verdict
• Collison at crossing: Antiquated warning devices, obstructed view: Strict liability: Negligence: Multiple fractures: Settlement
• Railroad crossing collision: Failure to provide adequate warnings: Wrongful death: Verdict
• Professional negligence
• Liability limit is invalid where cruise line ticket failed to inform passengers of its terms
• Grandparents can win visitation rights if they can show denial of visitation would significantly harm child
• Truck collides with car: Improper turning: Negligent hiring: Wrongful death: Settlement
• Arbitration not required where no legally cognizable dispute exists
• Cart loaded with heavy material falls on worker: Negligence: Faulty ramp design: Paraplegia: Settlement
• Deckhand hit by cable: Jones Act liability: Failure to properly inspect timberhead: Cerebral contusions: Seizure disorder: Settlement
• Unauthorized viewing of secure Web site is not "interception" of communications prohibited by Wiretap Act
• Broken main sewer line makes house unlivable: Fraud in sale of home: Real estate "flipping": Verdict: Punitive damages
• Treatment of unsuspected condition before policy takes effect does not support denial of benefits based on preexisting condition
• Medical negligence