ATLA Law Reporter

Home MyAAJ Join AAJ Username/Password Find Lawyer Shopping Cart Links Help

Search Tips
Printable Version

Home | Publish your case | Other publications

Volume 48, No. 8
October 2005

All Cases (text only)	Articles	Court Documents	Court Documents by Topic: • Snow Skiing
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 Failure to provide safe workplace back to top Attorneys Law firm may sue for unpaid fees despite failure to notify client of right to seek arbitration back to top Automobile Accidents Insurer liability, vicarious liability where man injured in three separate collisions Failure to stop car while exiting driveway Negligent backing of 18-wheeler truck Negligent overloading of tractor-trailer truck back to top Aviation FAA impliedly preempts state failure to warn claim for deep-vein thrombosis back to top Civil Rights Excessive force by police officer back to top Commercial Litigation Patent infringement where company uses inventor’s software New York law protects copyright for sound recordings created before federal law took effect back to top Consumer Protection Rental car fee for speeding is against public policy and violates unfair trade practices act Soldiers’ act violations where storage company sells serviceman’s belongings back to top Damages Contractual discounts are collateral sources that can be used to reduce damages award back to top Employment Law ADA violations where store reassigns employee with cerebral palsy Female insurance agent denied board membership, raises Hostile work environment where supervisor displays pornographic material back to top Evidence Joke about poisoning was unduly prejudicial in lawsuit over deaths from carbon monoxide leak New trial warranted where expert failed to disclose scientific basis for opinion on fen-phen back to top Family Law Lump sum alimony payment may not be offset by temporary alimony and attorney fees already paid Portion of contingency fees for legal work performed during marriage is marital property back to top Government Liability Negligent design, maintenance of roadway that allows water to collect on road surface Police officer who fails to follow police procedures loses control of vehicle during pursuit back to top Insurance Physician who cannot perform one material and substantial duty of occupation is totally disabled Breach of contract, bad faith where insurer refuses to defend homeowners back to top Intentional Torts Man may sue in-laws who fraudulently induced him to sign divorce settlement back to top Medical Negligence Lack of informed consent Failure to obtain diagnostic tests for lymphoma Failure to timely diagnose pancreatic cancer EMTALA applies to infant born in emergency medical condition at hospital’s birthing center Untimely diagnosis of dissecting aortic root aneurysm Improper handling of “frozen shoulder” Unnecessary surgery to treat pituitary tumor Failure to perform cesarean section back to top Negligence Hairdresser fails to avoid eyebrow ring while styling hair Risk of collision with intoxicated minor is not inherent risk of skiing Dram shop liability back to top Practice & Procedure Personal jurisdiction was proper over tendon supplier that made numerous shipments to patient’s state back to top Premises Negligent maintenance of supermarket floor Failure to warn of dangerous condition of garage back to top Products Liability Defective design of commercial deep fryer Federal law does not preempt state law claim alleging drug manufacturer failed to warn of suicide risk Defective design of automotive lift Open and obvious danger does not bar negligent design claim Defective design permitting accidental discharge of gun Lack of pressure-reading gauges, pressure-relief valves on pneumatic pump Inherent characteristic defense does not bar plaintiffs from recovering under nonproduct theories back to top Professional Negligence Failure to take adequate X-ray of tooth Criminal defendants suing former attorneys for negligence must prove actual innocence Nursing home resident rights violation Failure to provide psychiatric treatment for nursing home resident Pharmacies could be held liable in negligence for filling customer’s lawful narcotic prescriptions Physical therapist damages patient’s knee prosthesis Negligent electroconvulsive therapy Minnesota high court recognizes claim for negligent investigation of child abuse back to top Railroads Federal rail transportation law does not preempt state claims regarding grade crossings Improper traffic regulation causes trains to collide, derail back to top Schools Negligent supervision of teacher who molested students back to top Toxic Torts Negligent contamination where company dumps chemical in water back to top Utilities There are no cases in this issue. back to top Workplace Safety Unguarded skylight Failure to provide equipment, safe work environment Labor law violations Vicarious liability for failure to inspect, repair electrical outlet back to top

Send comments to law.reporter@atlahq.org

American Association for Justice
Contact Us | © 2008 AAJ Terms and Conditions of Use | Privacy Statement