Law Reporter

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Articles in Nov 2004 issue of Law Reporter

• Statute of limitations defense against contractor's RICO, § 1983 claims barred where defendant concealed fraudulent act
• PRODUCTS LIABILITY
• Expert testimony that domestic violence victims often later minimize assailant's conduct is admissible despite lack of prior abuse
• PROFESSIONAL NEGLIGENCE
• Chef slips and falls in galley: Dangerous condition of galley floor: Herniated disks: Laceration: Verdict
• Court erred in refusing to consider plaintiff's rebuttal expert report
• Attorney may sue to enjoin enforcement of disciplinary rule governing statements of specialization as unconstitutionally vague
• Painter falls down stairwell: OSHA violations: Wrongful death: Structured settlement
• Truck driver punches woman: Assault and battery: Negligent hiring, retention: Fractured facial bone: Verdict: Punitive damages
• Station owners can bring Sherman Act suit against oil companies that formed joint venture and charged uniform prices
• Sanctions appropriate against company that destroyed e-mails in violation of "litigation hold" on relevant electronic information
• Intersection collision: Failure to stop at red light: Herniated disks: Shoulder injuries: Postverdict settlement
• Lack of attorney's signature on complaint filed on corporation's behalf did not render complaint invalid
• Auto insurer not entitled to offset for medical expenses paid pursuant to worker's pension
• Child poisoned by lead paint: Renting of unsafe premises: Negligent inspection: Brain damage: Behavior disorders: Verdict
• Insurer delays mold claim coverage determination: Breach of contract, good faith: Fraud: Economic losses: Verdict
• Female employees not paid or promoted same as men: Title VII violations: Equal pay violations: Lost wages: Settlement
• Parents of girl who was sexually abused may sue school board for failure to report prior abuse allegations
• Police car strikes cargo tug: Excessive speed: Violation of airport procedures: Vicarious liability: Fractures: Bulging disks: Settlement
• Student falls during cheerleading practice: Negligent safety procedures, supervision: Spine, leg injuries: Settlement
• Passenger hit by drunk driver: Service of alcohol to intoxicated minor: Hip injuries: Settlement
• Bankruptcy debtors may opt to retain vehicles by keeping current on loan payments
• Woman slips on ice at car dealership: Negligent maintenance of premises: Shoulder fracture: Verdict
• Discrimination against transsexual employees is gender discrimination under Title VII
• Passenger may sue for slander where airline employee accused her of injuring him
• Man accused of fondling store employee: False imprisonment: Racial discrimination: Emotional distress: Settlement: Verdict
• Technician fired after former employer interfered with job: Malice: Fraud: Lost wages: Verdict: Punitive damages
• Spouse can get workers' compensation when employee dies during operation required before surgery for work-related injury
• Homeowners' insurance policy covers party held in warehouse
• Intent-to-sue letter without violation dates is adequate under Clean Water Act to put defendant on notice of plaintiff's claims
• Attorney fails to provide interpreter for hearing-impaired client: ADA violation: Lessened comprehension of case: Settlement
• Constitutional challenge to paperless voting machines may go forward
• Woman not told boyfriend had HIV: Negligence in lying about status: Intentional misrepresentation: AIDS infection: Verdict
• Roofer hit by falling plywood: Negligent handling: Herniated disk: Myelopathy: Mediated settlement
• Taxi, bus stop abruptly on ramp: Negligent stopping: Fractures: Ligament, cartilage injuries: Verdict
• Truck strikes car: Unsafe road shoulder drop-off: Wrongful death: Verdict
• "Phantom" vehicle makes abrupt U-turn: Uninsured motorist: Wantonness: Abdominal injuries: Leg, hip injuries: Burns: Verdict
• Man hit by drunk driver: Dram shop liability: Multiple fractures: Verdict
• Delivery worker falls in manhole: Failure to warn: Failure to correct known danger: Herniated disk: Verdict
• Man slips on wet sidewalk: Negligent maintenance: Spinal injury: Postverdict settlement
• State presumptive father statute may be used to give former same-sex partner parental rights
• Parent may recover loss of consortium damages for loss of adult child
• Conductor forced to work in snowstorm: Unsafe conditions: Failure to inspect: Frostbite: Bone injury: Verdict
• Premarital spousal support waiver not enforceable against disabled spouse if unconscionable at time of enforcement
• Company has racial identity for § 1981 discrimination purposes
• Vehicle's tire detreads: Failure to inspect, replace: Malice: Wrongful deaths: Postverdict settlement
• Car crosses centerline: Head-on collision: Failure to keep proper lookout, slow down: Multiple fractures: Loss of eye: Settlement
• WOMAN FORCED INTO SLAVERY WINS JURY VERDICT AGAINST CALIFORNIA COUPLE
  by Santoro, Elizabeth
• MEDICAL NEGLIGENCE
• Homeowners discover false wall concealing foundation damage: Fraud: Repair costs: Verdict: Punitive damages
• Van strikes pedestrian, stroller: Failure to keep proper lookout: Negligent hiring: Wrongful death: Brain injury: Settlement