Law Reporter

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Articles in Aug 2003 issue of Law Reporter

• Seaman injured in fall from crane: Negligent operation: Hip replacement: Aggravation of disk disease: Settlement
• Nonresident defendant who filed earlier, related lawsuit is subject to personal jurisdiction in state court
• Court impermissibly drew inferences in favor of employer where plaintiff presented indirect evidence of national origin discrimination
• Worker who delayed complaining about sexual harassment because of fear of losing job is not barred from suing under Title VII
• Claim not time-barred until claimant has actual or constructive knowledge of tortfeasor's identity
• Counsel's research shows that establishment ignored rules about serving intoxicated patrons
• Medical negligence
• Employee of competitor dumps pesticide in company's plant: Conspiracy: Harm to reputation: Verdict: Punitive damages
• Claims for injunctive relief under California statutes are not subject to arbitration
• Store security officer accuses woman of shoplifting: False confinement: Malicious prosecution: Verdict: Punitive damages
• Merchant ends long-term business relationship without adequate notice: Business losses: Fraud: Verdict: Punitive damages
• University employees make anti-Semitic remarks: Civil rights act violations: Emotional distress: Denial of promotions: Settlement
• Truck runs over woman: Inadequate lighting: Wrongful death: Verdict
• Incarcerated parent not automatically entitled to child support reduction but should have ability to petition court for change
• Testimony of former sex partners is admissible to determine whether individual had dangerous disease
• Tenant may sue landlord for failure to protect her from neighbor's assault
• Dump truck, unable to stop, collides with vehicle: Negligent brake adjustment: Brain damage: Seizure disorder: Settlement
• Unmarried life partner who witnessed fatal crash can sue for bystander damages
• Estate can collect workers' compensation benefits of worker who died of unrelated causes before claim was adjudicated
• Truck struck by tractor-trailer: Negligent maintenance of brakes: Safety violations: Amputations: Settlement
• Notarial certification made at time of signature is definitive statement of authenticity of deed
• Bankruptcy court's reduction of fee won under contingency agreement was abuse of discretion
• Woman trips on drain hidden by carpet: Creation of dangerous condition: Torn meniscus: Settlement
• State employees may sue state in federal court for failure to provide leave under Family and Medical Leave Act
• Shareholders may be employees for purposes of determining whether a professional corporation is covered by ADA
• Orthodontist falls through opening left in roof: Failure to place guardrail: Fractured spine: Postverdict settlement
• Dog attacks child: Strict liability: Bites, lacerations: acial scarring: Structured settlement
• Truck driver struck by load of pipe: Failure to provide safe place to load truck: Pelvic fractures: Structured settlement
• Man throws woman off balcony: Assault and battery: Intentional infliction of emotional distress: Paralysis: Verdict: Punitive damages
• Bus loses control on highway: Careless driving: Vicarious liability: Amputations: Fractures: Head injuries: Settlement
• Local government are "persons" under False Claims Act
• Truck pulls out in front of vehicle: Failure to stop: Reckless driving: Multiple fractures: Knee replacement: Settlement
• Products liability
• Convicted criminal defendants can sue over fees without asserting their innocence
• Professional negligence
• Insurer asserts building fire was intentionally set: Bad faith: Verdict: Punitive damages
• Engineer injured when locomotive strikes vehicle at crossing: Violation of state statute requiring stop: Herniated disk: Settlement
• When eligibility for benefits is contested, ERISA does not require plan administrators to defer to opinion of treating physician
• Truck strikes police car: Negligent hiring: Inadequate traffic control: Wrongful death: Settlement: Verdict: Punitive damages
• Suspect rear-ends car during police chase: Improper pursuit: Fractures: Head injuries: Cognitive deficits: Settlement
• Pregnant police officer complains after being denied light duty assignment: Retaliation: Sex discrimination: Mental anguish: Verdict
• Car runs stop sign: Careless driving: Negligent maintenance of roadway: Brain damage: Wrongful death: Settlement
• Company permits employees' pension plan to invest in its overvalued stock: ERISA violation: Financial losses: Structured settlement
• Reconsideration of punitive damages award violated federal rule of procedure
• Employer must furnish laptop computer as an "appliance" under the workers' compensation statute
• Yard floods: Improper drainage: Nuisance: Fraud: Breach of warranties: Verdict: Punitive damages
• Summary judgment on bad faith claim improper where plaintiffs present evidence of improper motive behind pricing scheme
• Man beaten by police: Excessive force: Laceration, bruises: Emotional distress: Verdict
• Conductor pinned between engine and cars placed on collision course in yard: FELA liability: Leg amputation: Verdict
• Insurer claims applicant who paid deposit was covered under temporary agreement only: Breach of contract: Lost benefits: Settlement