Law Reporter

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Articles in Dec 2004 issue of Law Reporter

• Policeman repeatedly suspended: Title VII violations: State law violations: Economic losses: Verdict: Punitive damages
• PROFESSIONAL NEGLIGENCE
• Clause requiring only customer, not service provider, to arbitrate is unconscionable
• Wrongful death claim may not be assigned to one tortfeasor to be asserted against another joint tortfeasor
• Scraper's engine explodes: Negligent placement of hydraulic hose during engine repair: Wrongful death: Mediated settlement
• Woman fatally stabbed: Conspiracy to kill by stabbing: Wrongful death: Verdict: Punitive damages
• Vehicle left in roadway: Unsafe driving for conditions: Wrongful death: Brain injury: Fractures: Postverdict settlement
• Insurer delays mold claim payment: Breach of contract, good faith: Insurance code violations: Economic losses: Settlement
• In-home nurse may get benefits for injuries from accident while en route to client's home
• Defense counsel's disclosure of prior settlement in opening statement required new trial
• Taxi runs red light, strikes motorcycle: Failure to obey traffic signal: Multiple fractures: Settlement
• Gasoline spills into creek, lake: Trespass: Nuisance: Contaminated water: Economic losses: Settlement
• Minority employees discriminated against: Civil rights violations: Lost income: Embarrassment: Verdict
• PRODUCTS LIABILITY
• Van driver loses control: Negligent passing: Multiple fractures: Head injury: Settlement
• Man's leg crushed between K-rails: Negligent operation of crane: Amputation: Settlement
• Man falls down unmarked stairwell: Hazardous condition: Failure to warn: Postverdict settlement
• Private group that organized rodeo at publicly owned facility must comply with ADA
• Man attacked by dog: Strict liability: Negligent control of known danger: Amputated finger: Settlement
• SOLO PRACTITIONER SUCCESSFULLY BATTLES DEFENSE TEAM'S TACTICS
  by Davenport, Courtney L
• In property division, ex-spouse entitled to indemnification for disability benefit deductions from military spouse's pension
• Tractor-trailer strikes car: Failure to keep proper lookout: Excessive speed: Wrongful deaths: Settlement
• Random, suspicionless searches of students and their belongings are unconstitutional
• Workers' compensation claimant may recover wages lost by his spouse while transporting claimant to medical treatment
• Woman trips over carpet roll in store: Creation of dangerous condition: Fractured shoulder: Verdict
• Attorneys need not get corporate counsel's permission to contact corporation directors where consent of directors' counsel given
• Grounded switch bracket causes fire: Negligent grounding: Burns: Settlement
• Girl falls on rocks while skiing: Failure to eliminate hazardous condition: Wrongful death: Settlement
• Fact issue exists where airline agents may have taken handbag away from passenger without issuing baggage check
• Whistleblower reports illegal hospital billing: False Claims Act, Stark law violations: Qui tam: Settlement
• Worker shocked by powerline: Failure to follow safety plan: Burns: Mediated settlements
• Fire truck driver not entitled to sovereign immunity for injuries to motorist while responding to non-urgent call
• Sex offender registration requirement is not punishment for constitutional purposes
• Punch press: Press malfunctions: Failure to prevent hands-in-die operation, conduct daily inspections: Hand amputations: Settlement
• Plaintiff's fire investigation expert was sufficiently qualified, reliable in his methods under Daubert
• Worker forced to use insufficient equipment: FELA violations: Unsafe environment: Shoulder, back injuries: Verdict
• Class certification is proper in physicians' RICO suit against various HMOs
• Attorney may sue judicial committee for excluding him from court-appointed counsel pool based on race
• Car runs red light, strikes vehicle: Failure to obey traffic signal: Multiple fractures, sprains: Verdict
• Spouse not entitled to alimony after paying spouse dies
• Port contaminated by pesticide: Negligent operation: Soil, water pollution: Lost property value: Settlement
• Home incurs water damage, mold: Breach of warranty: Fraud: Economic losses: Verdict: Punitive damages
• Man burned by excessively hot tap water: Failure to properly inspect premises, test thermostat: Burns: Finger amputations: Verdict
• Copyright Act does not preempt state breach of implied contract claim
• Shopper hit by shopping carts: Failure to train, supervise employee: Shoulder fracture: Mediated settlement
• MEDICAL NEGLIGENCE
• Business has standing to sue competitor under RICO for mail and wire fraud violations
• Pickup truck rear-ended by car: Driving under the influence: Wrongful death: Settlement
• Boy may sue city where unused firework he found at public park later injured him
• Folding cafeteria table falls on child: Failure to supervise: Improper storage: Concussion: Seizures: Verdict: Punitive damages