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Volume 48, No. 7
September 2005

All Cases (text only)	Articles	Court Documents	Court Documents by Topic: • Nursing Home Negligence • Snow Skiing • Dog Attacks
Spotlight	Updates	Abstract Sets Injury Collections
Recent Cases: Admiralty \| Attorneys \| Automobile Accidents \| Aviation \| Civil Rights \| Commercial Litigation Consumer Protection \| Damages \| Employment Law \| Evidence \| Family Law Government Liability \| Insurance \| Intentional Torts \| Medical Negligence \| Negligence Practice & Procedure \| Premises \| Products Liability \| Professional Negligence Railroads \| Schools \| Toxic Torts \| Utilities \| Workplace Safety
Admiralty Negligent maintenance, failure to warn where longshoreman falls from landing area back to top Attorneys Law firm shareholder agreement requiring departing attorney to forfeit his share is unenforceable back to top Automobile Accidents Failure to keep proper lookout Creation of dangerous condition Collision caused by negligent repair of tractor-trailer Failure to stop at intersection back to top Aviation There are no cases in this issue. back to top Civil Rights Constitutional violations, wrongful detention of protesters at World Bank Police must have reasonable suspicion to detain parolee back to top Commercial Litigation Lost sales caused by defendant’s refusal to honor settlement agreement Breach of contract, lost payment for services rendered where structural engineering firm fired mid-project back to top Consumer Protection State discrimination against direct sales by out-of-state wineries violates Commerce Clause Breach of contract, warranty where house had structural deficiencies back to top Damages Appellate court improperly reversed punitive damages award based on incorrect state law interpretation Where no fair market value for pet exists, proper measure of damages for loss of pet is value to owner back to top Employment Law E-mailed arbitration policy was not sufficient notice to employees of contractual agreement Hostile work environment, emotional distress where waitresses find peepholes in changing room FLSA violations where nonexempt employees not paid overtime back to top Evidence Expert’s opinion inadmissible because it was not accompanied by evidence establishing reliability Experts could rely on scientific study in forming opinions even though study contained flaws back to top Family Law Child’s special needs trust does not relieve parent’s child support obligation or affect support amount back to top Government Liability Police officer joins chase, loses control of car Summary judgment for city was inappropriate where swimmers drowned in riptide back to top Insurance Failure to pay claim for man injured while on business trip Court’s finding that policy covered underlying suit does not negate negligence and breach of contract claims back to top Intentional Torts Fraud, breach of fiduciary duty where estate representative had conflict of interest back to top Medical Negligence Untimely diagnosis, treatment of fractured fibula Failure by nurses to properly communicate with cardiologist about patient’s condition Untimely tuberculosis diagnosis Failure to timely diagnose testicular torsion Unnecessary removal of left and right submandibular salivary glands Defense lawyer who served on jury in medical negligence case not biased as matter of law Regular breast examinations may constitute continuous treatment sufficient to toll limitations period back to top Negligence Negligent maneuvering of hand truck through store Dram shop liability where man killed by drunk driver Strict liability for pit bull attack Improper maintenance of propane heater back to top Practice & Procedure Judicial estoppel, sanctions are appropriate against defendant acting in bad faith Disclosure of treatment records in criminal trial waived physician-patient privilege in subsequent civil trial back to top Premises Negligent security in apartment complex parking lot Failure to maintain premises where child falls while climbing in abandoned building Creation of hazardous condition allows boy to fall into hole under loose manhole cover back to top Products Liability Failure to test for asbestos fiber release Inadequate roof strength of pickup truck Defective busway system in office building Lack of adequate integrity of seat back Unreasonably dangerous blow fan Failure to use laminated glass in SUV side windows back to top Professional Negligence Breach of contract, fiduciary duty where bank forces company into bankruptcy Failure to supervise clergy Dismemberment, selling of body parts at funeral home Failure to reposition nursing home resident’s leg Misfilled methadone prescription Failure to adequately investigate child abuse, protect minor child back to top Railroads FELA violations where train struck head-on by another train back to top Schools Negligent supervision, retention of bus driver who dragged student with cerebral palsy Nonlawyer parents may not represent their children in IDEA suits back to top Toxic Torts There are no cases in this issue. back to top Utilities Negligent installation of guy wire back to top Workplace Safety Negligent operation of forklift Failure to repair man lift in garage Illegal aliens may get lost earnings measured by U.S. wage rate if employer knew of illegal status back to top

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