Law Reporter
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Articles in Oct 2003 issue of Law Reporter
- Pickup truck strikes man on sidewalk: Driving under the influence: Brain injury: Loss of vision: Gland damage: Settlement
- Helicopter hydraulic system fails: Crash: Pilot negligence: Shattered ankle: Verdict
- Insurance coverage for punitive damages not against public policy
- Television station inaccurately reports cocaine found in suspect's home and business: Defamation: Verdict.
- Dump truck, unable to stop, collides with vehicle: Negligent brake adjustment: Brain damage: Seizure disorder: Settlement
- Woman falls in department store: Carpet gap: Negligent maintenance: Hip fracture: Stroke: Settlement
- Particle emissions from petrochemical plant can constitute trespass
- Rental car strikes vehicle: Reckless driving: Wrongful death: Verdict
- Man commits suicide in jail: Inadequate supervision, care: Wrongful death: Judgment
- Waiver of right to grieve an action in "last chance" agreement pertains to penalty, not issue of whether violation occurred
- Worker falls in silo: Failure to warn that metal floor grating had been removed: Cervical herniation: Settlement
- Truck strikes disabled vehicle: Negligent hiring and retention: Vicarious liability: Wrongful death: Settlement
- Employee can show constructive demotion to meet "adverse employment action" requirement of ADA
- Driver drives off raised drawbridge: Inadequate warnings and barriers: Wrongful deaths: Verdict
- Carman twists knee while walking over loose ballast by track: Failure to provide safe place to work: Torn cartilage: Settlement
- Worker thrown from seat: Excessive speed for sea conditions: Negligent safety policies: Back injuries: Settlement
- Child struck by swimmer at public pool: Negligent supervision: Vision loss: Verdict
- Medical negligence
- Professional negligence
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Spotlight
by Santoro, Elizabeth - Intoxicated driver collides with vehicle: Negligent retention, supervision, and entrustment: Wrongful death: Settlement
- Federal rules do not preempt state regulation of mortgage prepayment fees
- Contract to arbitrate between an employer and employee raises a rebuttable presumption of substantive unconscionability
- Courts must weigh costs of production and other factors in ruling on discovery requests for stored materials
- Power line hits woman: Negligent maintenance: Burns: Amputations: Settlement
- Seaman injured using swing rope: Unsafe procedures for weather conditions: Lumbar injuries: Settlement
- General damages, increase in special damages were justified in personal injury case
- Iowa statute that allowed visitation rights for grandparents is unconstitutional
- Dog escape from fenced yard, bites jogger: Negligence: Lacerations: Scarring: Settlement.
- Tenant slips on glazed ceramic tile: Inappropriate tile: Creation of dangerous condition: Fractured foot: Settlement
- Student killed when vehicle flips: Serving alcohol to minors: Negligent supervision: Wrongful death: Settlement
- Pro bono attorney entitled to monetary sanctions for discovery abuses
- Spousal support terminates upon remarriage unless settlement agreement contains very clear language to the contrary
- Insurer denies payment for "palliative" care: Breach of contract: Arbitration award
- Principal of spendthrift trust cannot be used to satisfy tort judgment
- Defamation claim is not within ambit of FELA and thus is not preempted by FELA
- Woman exposed to asbestos fibers on husband's work clothing: Failure to warn: Mesothelioma: Verdict
- Digital camera manufacturer uses technology developed by another company: Patent infringement: Postverdict settlement
- Insurer that included clause agreeing to submit to court jurisdiction in the event of a dispute with insured cannot compel arbitration
- Girl sexually assaulted by apartment maintenance worker: Negligent hiring, retention: Psychological injuries: Settlement
- Truck driver injured while assisting in unloading pallet: Violation of industry practices: Knee injuries: Torn rotator cuff: Settlement
- Privacy provisions of Gramn-Leach-Bliley act not applicable to attorneys
- Legal owner of copyright can transfer right to cause of action for copyright infringement
- Third-party administrators who have primary control over benefit determinations owe a duty to act in good faith toward insureds
- Man hit by golf cart: Negligent maintenance: Wrongful death: Verdict
- Boy assaulted at camp: Negligent security and supervision: Posttraumatic stress disorder: Settlement: Verdict
- Man bitten by police dog trained in "bite and hold" method may have fourth amendment claim
- Manufacturer lays off, declines to rehire older employee: Age discrimination: Retaliation: Verdict: Punitive damages
- Evidence of workers' compensation benefits barred where it would prejudice plaintiff's case
- Airline passenger shoves flight attendant: Assault: Battery: Infliction of emotional distress: Verdict.
- Products liability
- Ground contaminated by petroleum products: Negligent containment of toxic material: Lost property value: Settlement
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