Law Reporter

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Articles in Feb 2004 issue of Law Reporter

• PRODUCTS LIABILITY
• Protections for car dealers in Illinois Consumer Fraud Act are unconstitutional special legislation
• Plaintiffs in Missouri may keep settlement and sue for its fraudulent inducement
• Car being chased by police strikes car: Reckless disregard for police procedures: Wrongful death: Settlement
• Innocent coinsured may recover under homeowner's policy though policy bars coverage where "any insured" caused loss
• Plaintiff with severe form of diabetes whose employer forbade her to eat at her desk could state claim for ADA violation
• Car strikes van: Failure to stop at stop sign: Respondeat superior: Tetraplegia: Settlement
• MEDICAL NEGLIGENCE
• Punitive damages award 37 times greater than compensatory damages is not excessive despite State Farm ruling
• Car rear-ends van: Negligent driving: Spinal injuries: Ankle ligament tear: Settlement
• Door slams on child's finger: Failure to adjust door-check: Partial finger amputation: Settlement
• Man struck by forklift: Failure to inspect and repair forklift: Crushed leg: Settlement
• Laborer falls from scaffolding: Violation of federal safety regulations: Fractured ankle: Settlement
• PROFESSIONAL NEGLIGENCE
• Ship's door closes on woman, causing fall: Negligent maintenance: Failure to warn: Laceration: Settlement
• Woman who fell leaving shuttle bus from terminal may sue under Warsaw Convention
• Engineer falls when handhold breaks: Federal safety, inspection act violations: Shoulder injuries: Settlement
• Truck strikes bicyclist: Negligent passing: Respondeat superior: Brain damage: Settlement
• Foreman falls after striking head on low beam: FELA liability: Violation of OSHA regulations: Paralysis: Verdict
• Man receives thousands of spam e-mails after asking to be taken off list: Violation of state statute: Judgment
• Insurer denying disability insurance to applicant with adjustment disorder may be liable under state civil rights statute
• State agency's required disclosure of social security numbers on voter registration violates Privacy Act
• Doctrine of common law marriage is abolished in Pennsylvania
• Allowing disabled tenant to use cosigner for lease is reasonable accommodation under FHAA
• Allowing racially hostile school environment can be intentional discrimination
• Stagehand falls from lighting tower: Failure to comply with safety standards: Ruptured spleen: Settlement: Verdict
• Employer may require arbitration of Title VII retaliation claims as condition of employment
• School may be liable for negligent supervision where student was shot off campus
• Boys poisoned by lead paint in apartment: Negligent maintenance: Cognitive injuries: Verdict
• Intentional disclosure of documents waived attorney-client privilege for other documents related to same subject matter
• Man burned by fallen guy wire: Negligent maintenance of power line: Burns: Verdict: Punitive damages
• Iran is liable to victims of terrorism for supporting Hamas
• Fire engine strikes motorcycle: Failure to keep proper lookout: Multiple fractures: Leg amputation: Settlement
• Administrator's comments about racial discrimination are admissible nonhearsay even though speaker was not decisionmaker
• Woman arrested for exposing breasts at parade: False arrest: Settlement
• Work product of non-testifying trial consultant is protected in Third Circuit
• Former husband may have to resume alimony payments in South Carolina after wife's remarriage is annulled
• Air turbulence need not be extreme to constitute accident under Warsaw Convention
• Where court retained enforcement over settlement agreement, § 1983 plaintiff is prevailing party entitled to attorney fees
• Woman attacked by dogs: Strict liability: Severe lacerations, puncture wounds: Settlement
• Truck strikes bicyclist: Inattentive driving: Respondeat superior: Head injuries: Spinal, shoulder fractures: Settlement
• Casino expels patron who picked up coin from unattended slot machine: False arrest: False imprisonment: Verdict: Punitive damages
• Worker may sue trash compactor manufacturer after witnessing death of coworker
• COUNSELS' EFFORTS SECURE JUSTICE FOR NUCLEAR LAB WHISTLEBLOWERS
  by Friedman, Linda
• State regulations that prohibit direct-to-consumer shipment of wine from out of state violates dormant Commerce Clause
• Woman trips on medical scale: Unsafe placement: Hip fracture: Mediated settlement
• Restatement factors for determining whether trade secret exists are instructive guidelines, not requisite elements
• Fisheries observer injured while weighing fish: Improper scale height: Jones Act negligence: Herniated disk: Settlement
• Ironworker falls when rebar cage collapses: Violation of state statute, regulations: Leg fractures: Herniated disk: Verdict
• House flooded with water: Toxic mold: Negligent repair: House uninhabitable: Verdict
• Mover's assistant caught in wheels of reversing truck: Lack of safety equipment: Multiple fractures: Muscle loss: Settlement
• Female police officers subjected to sexual comments, advances, and pornography: Sexual harassment: Emotional distress: Verdict