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Volume 48, No. 9
November 2005

All Cases (text only)	Articles	Court Documents	Court Documents by Topic: • Dog Attacks • Consumer Protection—FDCPA Cases • Admissibility of Scientific Evidence
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 There are no cases in this issue. back to top Attorneys Expert who settled professional negligence action may sue law firm that hired him for indemnification back to top Automobile Accidents Failure to yield right of way Excessive speed, failure to keep proper lookout Vicarious liability for collision that occurred while supervisor was driving employee to work Following too closely, failure to stop Failure to avoid collision back to top Aviation There are no cases in this issue. back to top Civil Rights Officer who increases risk of danger to citizen is not entitled to qualified immunity Qualified immunity does not apply to police officer who performs clearly unconstitutional strip search back to top Commercial Litigation Fraudulent misrepresentation where cattle marketer gives false inventory to investor’s lender Copyright Act does not preempt Illinois law where person’s identity used without permission back to top Consumer Protection Mortgage broker is not creditor under federal interest rate law Federal four-year limitations period applies in TCPA cases unless state provides specific limitations back to top Damages Maryland law permitting punitive damages prevails over Michigan law barring such damages back to top Employment Law Title VII discrimination where white, male employees given lower appraisal scores ADEA violations where company refuses to hire blind job applicant Breach of contract after company hires new officer who assumes vice president’s responsibilities EEOC may pursue individual relief even where individuals are barred from suing back to top Evidence Exclusion of testimony about condition, appearance of allegedly defective chair too harsh a sanction Trial court properly admitted evidence of nonparty’s postaccident remedial measures back to top Family Law Custodial parent has sole authority to determine children’s religious upbringing Pendente lite support not allocated among wife and children is alimony, on which receiver must pay taxes back to top Government Liability City van strikes pedestrian Police negligence in leaving cigarettes burning Failure to warn drivers of flooding back to top Insurance Bad faith where insurer does not pay driver’s policy limits Policy’s ambiguity allows ERISA claim to proceed back to top Intentional Torts Company miscategorizes assets, fails to pay income taxes Trespass, battery where woman slips on shampoo poured on her porch back to top Medical Negligence Unnecessary radiation of minor patient Failure to diagnose impending heart attack Negligent lumbar surgery Improper performance of LASIK surgery on patient with corneal condition Failure to perform timely cesarean section Failure to timely diagnose postsurgical dissection of artery back to top Negligence Strict liability where chasing dog collides with man diving into pool Host serving alcohol to minors has duty of reasonable care to guest injured by third party Bartender sets patron on fire Failure to disclose presence of illegal firecrackers Negligent operation of golf cart back to top Practice & Procedure Court may not impose substantive conditions on enforcement of arbitration award Protective order improper where disclosure would not violate privacy interest and case involved public issue back to top Premises Proprietor has duty to protect invitees from criminal conduct regardless of patronage Failure to lock apartment complex spa back to top Products Liability Lack of locking mechanism to secure scaffold platform Inadequate access to components for inspection Simple-product exception removing cost-benefit analysis from jury did not apply to utility lighter Defective design of frame under occupant compartment and defective seat belt in minivan Inadequate adhesion between belts on tire, unstable design of SUV Unreasonably dangerous home heating equipment that contained asbestos Wisconsin high court extends risk-contribution theory to lead paint exposure case Insufficient quantity of fabric for crib sheet back to top Professional Negligence Failure to transfer assisted living facility patient to psychiatric facility Negligent hiring, supervision of priests Hospital can be vicariously liable for injuries caused by child care worker at its day care facility Improper debt collection practices at law firm Failure to properly diagnose, treat patient who was sent to hospital for psychological evaluation Misdiagnosis, treatment of bipolar disorder back to top Railroads Improper safety procedures where carman develops degenerative disk disease back to top Schools Private schools’ discrimination against nonnative Hawaiians violates federal antidiscrimination statute back to top Toxic Torts There are no cases in this issue. back to top Utilities Negligent maintenance, unmarked utility line back to top Workplace Safety Employee is entitled to workers’ compensation while traveling from employer-encouraged training Improper safety procedure where worker crushed in molding machine Elevated work site safety violations Improper loading of forklift that caused heavy load to fall on driver back to top

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