Law Reporter

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Articles in Mar 2003 issue of Law Reporter

• Firm may withdraw during litigation if it gives reasonable warning
• Prospective mother-in-law who obtained consumer report on daughter's fiance may be liable under Fair Credit Reporting Act
• Rule governing custodial parent's freedom to move out of state is constitutional
• Government contractor uses another company's techology: Breach of contract, misappropriation of trade secrets: Verdict
• Truck rear-ends car: Failure to decrease speed: Wrongful deaths: Multiple fractures: Burns: Leg and toe amputations: Settlement
• Gas seeping into well explodes: Burns: Posttraumatic stress disorder: Verdict: Punitive damages
• Trip and fall: Failure to maintain safe premises: Sprains: Torm meniscus: Verdict
• Trailer comes loose from truck: Collision: Wrongful deaths: Settlement: Postverdict settlement
• Insurer refuses to settle within policy limits, makes settlement offer conditioned on release: Breach of duty: Excess judgment: Settlement
• Truck strikes pedestrian crossing parking lot entrance: Improper lookout: Vicarious liability: Wrongful death: Settlement
• Jones Act: Failure to timely notify seaman of hematuria in test results: Negligence: Bladder cancer: Verdict
• Carpenter hit in head by drywall: Failure to properly supervise workers: Post-concussion syndrome: Settlement
• Summary judgment improper for hotel that failed to evict rowdy youth who shot patron
• Encroaching tree limbs may constitute nuisance, entitling neighboring property owner to damages
• Expected Social Security benefits are relevant factor in dividing marital property
• Employer discourages injured worker from filing workers' compensation claim: Retaliatory discharge: Verdict: Punitive damages
• Apartment complex refuses to rent to mother with small child: Familial status discrimination: Settlement
• Air Carrier Access Act does not provide private right of action
• Professional negligence
• Insurer uses biased engineering reports to deny claim: Breach of contract: Violations of Texas insurance code: Settlement
• Racing promoter counterclaims against government of Aruba: Breach of contract: Bad faith: Lost profits: Verdict
• Employee falls when ladder slips: Failure to properly brace ladder: Torn knee ligaments: Verdict
• Parked train blocks view of motorist approaching crossing: Violation of statute: Negligence: Wrongful death: Settlement
• Lean-to collapses under weight of snow: Improper construction: Inadequate snow-load capacity: Wrongful death: Settlement
• Mediation privilege does not apply to purely factual material
• Product liability
• Teenager commits suicide at boot camp correctional facility: Negligent supervision and care: Settlement
• Company violates agreement to pay severance, continue medical coverage: Violation of wage law: Settlement
• Union suspends teacher who documented disparate treatment: Retaliation: Emotional distress: Verdict: Punitive damages
• Pedestrian struck by car in parking lot: Failure to timely stop: Leg fracture: Verdict
• Helicopter tail rotor strikes worker: Negligence: Wrongful death: Verdict
• Refusal to allow oil company access to property to investigate contamination does not bar RCRA claim
• Woman slips on sidewalk: Failure to inspect and maintain: Spinal injuries: Settlement
• Snack food company disrupts acquisition of vending routes: Interference with contract: Verdict: Punitive damages
• Engineer's seat slips passing over rough track: FELA liability: Connective tissue injury: Verdict:
• Statute of limitations for suing estate is equitably tolled where beneficiary had no reason to think will was invalid
• General knowledge of slip resistance is enough to qualify expert
• Defendant who withheld financial informatin may be forced to produce tax returns to determine liability for punitive damages
• Officer who gave order to demolish renters' house may be liable for conversion
• Truck driven by child strikes girl: Negligent entrustment: Brian injury: Fractures: Structured settlement
• Security guard slips on congealed grease: Failure to conduct inspections: Vertebral fracture: Herniated disks: Settlement
• Engineer twists foot in trench left by construction crew: FELA liability: Unsafe workplace: annular fissure: Chronic pain: Verdict
• Girl bitten by dog: Strict liability: Facial lacerations: Structured settlement
• Insurer fails to relay settlement offer to insured: Bad faith: Excess judgment claim against insured: Settlement
• Insurer that encouraged adjusters to use unethical practices is liable for punitive damages
• Conviction related to domestic abuse can be grounds for suspension from law practice
• Family forces elevator company to acknowledge and remedy defect taht killed their young son
• Student wounded in school shooting: Failure to provide safe environment: Broken arm: Liver laceration: Settlement
• Coverage continued during grace period depsite insured's oral cancellation of life insurance policy
• Business's former owner terminated after acquiring company buys competitor: Fraud: Unfair trade practices: Verdict
• Slip and fall: Failure to maintain safe work environment: Herniated disk: Settlement
• Medical negligence
• Trial court did not err in admitting revised diagnosis of asbestos claimant's condition
• Collection agency envelope that used federal agency's return address violated Fair Debt Collection Practices Act
• Mother may sue police department for failure to enforce restraining order