Law Reporter

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Articles in Jun 2004 issue of Law Reporter

• Man steps on fallen power line: Negligent maintenance: Leg amputation: Burns: Mediated settlement
• Woman who caused husband to hit his head may receive share of wrongful death settlement amount from his treating doctors
• Amateur radio operator's Telecommunications Act claims for § 1983 remedies are not barred
• Evidence of state workplace safety standards were admissible to establish negligence per se against a third party
• Airplane crash: Failure to maintain power and air speed: Wrongful deaths: Settlement
• Police personnel files sent to suspect's attorney: Invasion of privacy: Emotional distress: Verdict
• Statute of limitations may be tolled where doctors excluded chemical exposure as possible source of plaintiffs' illness
• Firefighter's rule does not limit liability of defendants who do not own premises on which injury occurred
• Man beaten in nightclub: Negligent security: Multiple fractures: Settlement
• Man who is not biological father is not entitled to reimbursement for child support payments
• City's random, suspicionless drug testing of firefighters violates constitutional rights
• Car strikes vehicle: Improper right turn: Inexperienced driver: Negligent entrustment: Wrongful death: Settlement
• Boiler Inspection Act preempts railroad workers' claims alleging injury from products containing asbestos
• Broadcasting company fails to pay broker commissions on purchase of radio stations: Breach of contract: Verdict
• Firm may recover fees in quantum meruit where fee-sharing agreement violated professional conduct rule
• Tractor pulling trailer overturns: Improperly maintained suspension system: Spoliation: Wrongful death: Structured settlement
• Water jugs contaminated by virus: Negligent handling: Wrongful death: Settlement
• MEDICAL NEGLIGENCE
• Negligence claim not barred by assumption of the risk doctrine where uneven sidewalk caused child's fall from scooter
• Under state law, consumer can reclaim repossessed vehicle from creditor after filing bankruptcy proceedings
• Patients with disabilities may enjoin county from closing rehabilitation center
• Testers who investigate properties for FHAA compliance have standing to sue for violations
• COMPASSIONATE APPROACH HELPS COUNSEL OVERCOME CAUSATION HURDLES
  by Santoro, Elizabeth
• PRODUCTS LIABILITY
• Mold in condominium: Negligent maintenance: Breach of warranty of habitability: Settlement: Verdict
• UIFSA does not provide exclusive jurisdiction to one state over another for spousal support orders
• Insurer claims lack of timely notice of lawsuit: Unpaid default judgment: Assignation of rights: Verdict
• Children exposed to lead paint in apartment: Negligent inspection, advice: Lead poisoning: Cognitive impairment: Settlement
• Driver loses control of truck: Negligent driving: Vicarious liability: Wrongful death: Settlement
• Railroad not entitled to offset amounts received by injured employee under supplemental sickness benefits plan
• Testimony regarding review board proceedings is not protected by evidence privileges applicable to arbitration, mediation
• Plaintiff can recover entire amount billed for medical services even though insurer paid discounted amount
• Family who lived across from landfill may sue under Clean Air Act
• PROFESSIONAL NEGLIGENCE
• Agent keeps premiums on lapsed policy: Financial losses: Fraud: Negligent hiring: Verdict: Punitive damages
• Man killed in propane gas explosion: Negligent installation: Wrongful death: Verdict
• Plaintiff did not automatically surrender right against self-incrimination upon filing of civil suit against insurance carrier
• Director fired after reporting discriminatory practices: Civil rights, whistleblower act violations: Emotional distress: Settlement
• Lawyer can sue opposing party for tortious interference with fee agreement based on settlement that limited fees
• Professor ignores student's seizure during class: Failure to call for medical help or assist: Wrongful death: Verdict
• Lawyer's late filing of appeal due to law firm clerk's error is not "excusable neglect."
• Welfare work program participants are employees under Title VII and may sue for sexual and racial harassment
• Mother of girl molested on flight may sue airline for negligent supervision
• Man struck by falling utility pole: Negligent installation: Wrist, arm injuries: Verdict
• Toxic mold in condominium: Negligent maintenance: Allergic symptoms: Verdict
• Whether gender discrimination for privacy reasons is a bona fide occupational qualification must be decided on a case-by-case basis
• Consumers' fraud claim against retailer of prepaid calling cards is not per se barred by federal telecommunications law
• Woman can pursue emotional distress claim against employer who intentionally assigned her to post where abuser could reach her
• Girl drowns in YMCA pool: Negligent safety procedures: Wrongful death: Postverdict settlement
• Students may sue charter school under California False Claims Act
• Rock musician gyrates against security guard: Sexual assault: Intentional infliction of emotional distress: Settlement
• Tractor-trailer rear-ends stopped car: Improper lookout: Wrongful death: Settlement
• Utility cart struck by car: Failure to stop at stop sign: Multiple fractures: Concussions: Settlement