Law Reporter

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Articles in Nov 2003 issue of Law Reporter

• Truck loses control and enters oncoming traffic: Careless driving: Wrongful death: Structured settlements
• Forest products company manipulates alder market: Antitrust violations: Financial losses: Verdict
• Court properly excluded expert testimony based on inadmissible lab report
• Firefighter's rule does not apply where defendant's misconduct was unrelated to reason for officer's high-speed chase
• Insurer fails to investigate, defend claim based on insured's alleged negligence: Judgment against insured: Bad faith: Judgment
• Woman holding baby trips in store: Negligent maintenance, infliction of emotional distress: Ligament, vision damage: Verdict
• Steering fluid leaks onto roadway: Motorcycle falls: Improper lookout: Negligent maintenance: Wrongful death: Settlement
• Sewage seeps through ground: Nuisance: Inverse condemnation of property: Loss of business: Verdict
• Limitations period under ADEA did not begin to run until employee learned she had been replaced by younger employee
• Student shot twice by police officer: Undue force: Paraplegia: Neurogenic bladder, bowel: Settlement
• Letter implicitly threatening to seize couple's vehicle may have violated FDCPA
• Tenant falls in unlit stairwell with no handrail: Negligent maintenance: Head injury: Cognitive impairment: Settlement
• Magnuson-Moss permits revocation of acceptance as form of relief against warrantor
• Baseball security personnel detain fan involved in skirmish with opposing team: False imprisonment: Malicious prosecution: Verdict
• Diver hits swimmer: Negligent scheduling, safety practices: Quadriplegia: Verdict
• Professional Negligence
• Termination of parental rights not a prerequisite to "second-parent" adoption
• Sanctions unwarranted where evidence fails to establish attorneys acted in bad faith
• GARA does not bar suit against manufacturer where it withheld accident information from Federal Aviation Administration
• Employee injured on employer-sanctioned swim break is entitled to workers' compensation benefits
• Ex-fiancee not required to reimburse funds withdrawn from joint account
• Worker injured while avoiding falling crane: Defective worm gear: Unseaworthiness: Heel fracture: Settlement
• United States may be sued for false arrest over abduction of suspect in Mexico
• Summary judgment improper where fact questions exist regarding officer's knowledge of inmate's suicidal tendencies
• Coal dust harms residents: Lost property value: Loss of enjoyment of property: Nuisance: Verdict
• Corroboration clause in an uninsured motorist insurance contract is void as against public policy
• Employee terminated after refusing to commit insurance fraud: Unlawful termination: Lost wages: Verdict: Punitive damages
• Insured may sue insurer for nonpayment of personal injury protection benefits where insured has not yet paid or been sued
• Mandatory arbitration clause in lease contract is void as unconscionable
• Boy bitten by dog at pet adoption event: Lacerations: Strict liability: Structured settlement
• Students molested by teacher: Negligent retention, supervision: Fraudulent recommendation: Emotional distress: Settlement
• Advance on funds in exchange for interest in pending lawsuit is void
• Arbitration clause allowing for appeal only of awards higher than statutory minimum insurance coverage is unconscionable
• Products liability
• Boy thrown from amusement park ride: Negligent maintenance and operation: Spoliation: Multiple fractures: Settlement
• Suit alleging failure to inspect, ensure safety on scaffolding not preempted by OSHA
• Injured employee fired after filing workers' compensation claim: Violation of state statute: Verdict
• Parents may recover noneconomic damages for the death of their adult child
• Police investigator discredits complainant in internal affairs matter: Defamation: Verdict: Punitive damages
• Counsel hope verdict in pool pump defect case will motivate manufacturers to include necessary safety device
  by Friedman, Linda
• Trailer blocks traffic lanes: Collision: Improper left turn: Partial paralysis: Verdict
• Welder assigned heavy labor against chiropractor's orders: FELA liability: Herniated disk: Verdict
• Operator of amusement park ride is "common carrier" under California statute
• Boilermaker exposed to asbestos-containing products: Failure to warn: Mesothelioma: Settlements: Verdict
• Parents are not entitled to loss of consortium damages for child's nonfatal injuries
• Medical negligence
• Signal maintainer wrenches back while attempting to lift battery box lid: FELA liability: Back injury: Settlement
• Chisel strikes worker's eye: Failure to properly grip chisel: Loss of eye: Settlement
• Attorney's medical treatment constituted extraordinary circumstance excusing failure to comply with affidavit of merit statute