Law Reporter

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Articles in Jun 2003 issue of Law Reporter

• Tire manufacturer pays female manager less than male counterparts: Sex discrimination: Lost income: Verdict: Punitive damages
• Truck collides with car: Inattentive driving: Failure to inspect truck: Fire: Wrongful death: Settlement
• Recording of child's phone call made by father with joint custody is admissible
• "Any willing provider" provision in state's health care law is within ERISA's savings clause, and thus is not preempted
• Medical negligence
• Conductor falls through walkway: FELA liability: Back injuries: Verdict
• Partner creates competing firm to represent athletes: Lost income: Breach of contract: Unfair competition: Verdict: Punitive damages
• Automatic gate closes on boy's neck: Failure to keep safe, warn: Cognitive deficits: Emotional distress: Structured settlement: Verdict
• Cessation of release of pollutants does not bar suit where property still contaminated
• Administrative law judge's testimony about workers' comp claim was inadmissible in subsequent lawsuit
• Lawyers who tried to undermine firm to hire away its attorneys may be liable for interference with contractual relations
• Age discrimination suit against airline is not preempted by federal law
• Insurer refuses to pay injured cardiologist under disability policy: Breach of contract: Verdict: Punitive damages
• Woman slips on masonite squares left in hallway: Failure to secure squares: Ankle fracture: Arthritis: Settlement
• Yard conductor collides with metal walls when cars brake suddenly: FELA liability: Head, shoulder injuries: Verdict
• Private university students can sue school for false arrest under [sec] 1981
• Truck carrying electrical transformers spills oil onto highway: Improper loading: Multiple fractures: Verdict
• Distributor of wood-coating products supplies defective furniture stain: Breach of warranty: Lost sales: Settlement
• Mandatory arbitration provision in longdistance service agreement is unconscionable and invalid
• Claims adjuster discourages plaintiffs' counsel from making referrals to clinic: Unlawful interference with business: Verdict
• Woman murdered in workplace: Failure to provide adequate security: Wrongful death: Settlement
• Provision of federal supplemental jurisdiction statute that tolls state's statute of limitations does not violate U.S. Constitution
• Counsel helps family farmers battle noxious "factory" hog farms
• Employer terminates employee who reported sexual harassment: Retaliation: Verdict
• Woman injured by driver made ill by pesticide fumes at workplace may sue driver's employer
• Pet store may be liable to customer who slipped on dog feces
• Professional negligence
• Truck forces vehicle into opposing traffic: Head-on collision: Inattentive driving: Negligent policy: Wrongful death: Verdict
• Husband's video surveillance of wife's bedroom was "stalking" within meaning of state domestic violence act
• Employee-owned stock retired at a fraction of its value: Quantum meruit: Financial losses: Verdict.
• Boy injured in rock quarry: Failure to maintain fence: Fracture: Lacerations: Settlement
• Blowing sheets of decking material cause carpenter to plunge off roof: Failure to secure decking: Wrongful death: Settlement
• Police officers' high-speed chase through populated area showed reckless disregard for public safety
• Products liability
• "Hate group" terrorizes African American woman: Racial harassment: Arbitration award
• Injury-producing act, not insured's tortious omission, is "occurrence" for purposes of a policy's per occurrence limit
• Diver hit by jet sled: Negligent operation: Failure to properly diagnose and treat: Decompression illness: Fractures: Settlement
• Camera company recycled disposable cameras: Patent infringement: Lost profits, royalties: Verdict
• Arbitration agreement provision that provides for appeal of awards of more than $50,000 is unconscionable
• Student harassed by classmates: Failure to adequately supervise: Bruises: Emotional distress: Settlement
• Sanitation worker who testified against supervisor terminated: Violation of whistleblower act: Verdict: Punitive damages
• Father's immunity from suit by child not a bar to respondeat superior claim
• Defendant cannot discharge settlement debt in bankruptcy if debt arose from fraudulent conduct
• Corrections
• Container falls from truck onto highway: Improper loading: Negligent hiring: Quadriplegia: Verdict
• Federal employee not barred from bringing qui tam action based on information learned while on the job
• Man suffers electrical shock: Faulty wiring in transformer: Neuropsychological injuries: Verdict
• Same-actor inference insufficient to warrant summary judgment for employer where employee has raised other issues of material fact
• Corporation, not officers or owners, is vicariously liable under Fair Housing Act
• Punitive award that is 145 times compensatory award and intended to punish out-of-state conduct violates Due Process Clause
• Doors close on subway passenger: Negligent operation: Connective tissue injuries, bruising, lacerations: Verdict
• Girl molested by elementary school classmate: Failure to prevent molestation: Civil rights violations: Settlement