Law Reporter

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Articles in Dec 2003 issue of Law Reporter

• Worker struck by fellow crew member during altercation may sue under Jones Act
• Man imprisoned for crime he did not commit: Constitutional violations: Settlement
• In Mississippi, parents of fetus that is "quick" but not yet viable may sue for wrongful death
• Parent whose willful and intentional injury causes death of child is not protected by parental immunity doctrine
• Man beaten and robbed outside casino: Negligent security: Brain injuries: Verdict
• Accidental injury need not arise from "unusual activity" to be compensable under Maryland's workers' compensation act
• Where language in summary plan document provided to employees conflicts with plan document, terms in summary plan will control
• Consumer may file suit against lender under California law for giving false information to credit agencies
• Woman falls down steps: Negligent maintenance: Ankle sprain: Stretched ligaments: Verdict
• Baseball player may sue for pitch that hit him in head
• Car strikes landscaping truck: Negligent driving: Wrongful death: Multiple facial fractures: Settlement
• Policy of strip-searching all inmates when admitting them to correctional facility is unconstitutional
• Dismissal not appropriate in case alleging failure to warn of deep-vein thrombosis is an "accident under the Warsaw Convention
• Law of case doctrine prevents state court from deciding issue already ruled on by appellate court
• Man falls through bleachers: Negligent maintenance of premises: Code violations: Paraplegia: Settlement
• Gas explosion: Failure to repair gas leak: Burns: Settlement
• Sleeve comes loose from equipment on drilling rig, strikes worker's face: Negligent safety procedures: Multiple facial fractures: Verdict
• Where debtor diverted proceeds that should have been paid to creditor, debt cannot be discharged under Bankruptcy Code
• Class action seeking punitive damages may proceed even without compensatory damages under federal procedure rules
• Company uses another's technology to design competing product: Breach of promise: Financial losses: Verdict: Punitive damages
• Crossing collision: Failure to sound whistle, maintain flashing light signal, clear foliage: Wrongful death: Verdict
• Jurors intimidated by defendant doctor win settlement and public apology
• Former spouse's interest in retirement plans trumps tax lien
• Car strikes man: Hit and run: Driving while intoxicated: Negligent hiring, supervision, retention: Crushed leg: Settlement
• Vehicle crushed by pipe that fell from truck: Improper securing of load: Facial fractures: Intercranial hemorrhaging: Settlement
• Sewage overflows into homes: Nuisance: Property damage: Verdict
• Where effects of several unconscionable terms permeate arbitration agreement, terms will not be severed and agreement is void
• Employer's travel accident insurance policy covers employee who was on call and was injured while traveling home from office
• Mere fact that harm was natural and probable effect of insured's actions is not enough to infer intent for intentional injury exclusion
• Engineer injured when rail breaks under locomotive: FELA liability: Ruptured disk in neck: Verdict
• Products liability
• Court can sequester funds from "tag-along" suits to compensate designated class counsel for work that benefited all plaintiffs
• Death from autoerotic asphyxiation is "intentional self-injury" within meaning of life insurance policy's exclusion clause
• Restaurant patron falls from deck: Failure to provide railing: Failure to warn: Concussion: Verdict
• Man shocked while trying to rescue man whose truck bed struck power line: Negligent operation: Spinal fracture: Settlement
• Correction
• Car strikes pedestrian: Failure to keep proper lookout: Spine, leg fractures: Head trauma: Verdict
• Nonlawyers may conduct real estate closings in Kentucky as long as they do not give legal advice
• Medical negligence
• Professional Negligence
• Direct mail advertising service terminates several East Indian employees: National origin discrimination: Verdict
• Woman murdered by prisoner who was mistakenly released: Negligent procedures: Wrongful death: Judgment
• Private parties cannot contractually impose standards of review on courts reviewing arbitration decisions
• Receiving clerk slips on solvent while attempting to move beam in truck: Negligence: Cervical, lumbar herniations: Settlements
• Aircraft collide: Improper preflight communications: Quadriplegia: Verdict
• Credit card provider that raised interest rate after promising fixed rate in solicitation materials may have violated TILA
• Expert testimony based on universally accepted scientific method is admissible despite lack of support in scientific literature
• Punitive damages award for alleged bad faith is unwarranted where neither liability nor amount due insured was clear
• Anti-SLAPP statute does not bar defamation action where plaintiff can demonstrate reasonable probability of success on merits
• Immigration statute does not preclude unauthorized alien workers' compensation claimant from engaging in diligent job search
• Cars collide in intersection: Failure to stop: Driving while intoxicated: Skull fracture: Brain injury: Verdict: Punitive damages