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Volume 49, No. 6
August 2006

All Cases (text only)	Articles	Court Documents	Court Documents by Topic: • 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 Negligence, unseaworthiness where second mate’s leg caught in mooring lines during manual release back to top Attorneys Law firm’s similar name is not actionable as “passing off” or trade name infringement Breach of contract where company suing former business deal partner fails to pay attorney fees back to top Automobile Accidents Failure to avoid collision Failure to keep proper lookout Driving while intoxicated Failure to properly hire, train drivers back to top Aviation Federal Aviation Act does not preempt entire field of aviation safety Racial discrimination claim is viable against airline that asked passenger to buy second ticket back to top Civil Rights Private homeowners’ association may not limit residents’ right to free speech Medicaid statute providing nursing facility services confers rights that are privately enforceable back to top Commercial Litigation Trade secret theft, unfair competition where competitor obtains confidential information back to top Consumer Protection Challenges to contracts containing arbitration clauses must initially be heard by arbitrators, not courts Federal courts can exercise diversity jurisdiction over private suits brought under TCPA back to top Damages State’s settlement with tobacco defendant bars plaintiffs’ claim for punitive damages in later suit back to top Employment Law Retaliation claim based on action that would be materially adverse to reasonable worker is valid First Amendment does not protect public employee who made statements pursuant to his official duties Failure to accommodate employee with multiple sclerosis Provision of free telephone service to telephone company retirees constitutes pension plan back to top Evidence Court erred in dismissing case for spoliation without determining whether plaintiff acted in bad faith back to top Family Law Statute mandating sealing of financial information records in divorce proceedings is unconstitutional back to top Government Liability Suit under FTCA alleging injury due to negligent placement of mail may go forward Failure to correct, warn of danger of concrete wall barrier in city parking garage back to top Insurance Insurer seeks declaratory action barring coverage back to top Intentional Torts Assault where woman raped by professional baseball player Defamation where union distributes flyer with false claims of indecency back to top Medical Negligence Failure to assist patient at risk for falling Improper handling of high-risk obstetrics patient Physicians must disclose their disciplinary histories only where required by relevant standard of care Failure to diagnose bacterial infection in neutropenic patient Lack of informed consent for LASIK surgery Improper postoperative monitoring Obstetrician who suggested early abortion to patient can be liable to her on informed consent claim back to top Negligence Failure to warn of dangerous dogs where deputy serving subpoena was attacked by pit bulls Creation, allowance of safety hazard in road near construction site back to top Practice & Procedure Stay of lawsuit pending disposition of appeal in similar suit would be unduly prejudicial to plaintiffs back to top Premises Negligent operation of truck pulling cable attached to floating marina Negligent design, installation of hotel headboard back to top Products Liability Drug manufacturer is not entitled to summary judgment based on assumption of risk defense Late, overly forceful deployment of air bag Insufficient roof strength on SUV Cigarette manufacturer may not invoke “unreasonable use” defense Defective fungicide Alternative liability doctrine applies under Pennsylvania law in contaminated food cases Failure to include photoelectric technology in smoke detector Defective design of car seat’s three-point harness back to top Professional Negligence Negligent handling of needle used in dental work Mixing of cremated remains Continuous representation doctrine tolls limitations period as to attorney’s former firm Client who settled lawsuit instead of appealing may still sue attorney for negligence Attorney appointed to represent minor during parents’ divorce may be liable for negligence Misrepresentation about nursing home level of care Title insurer was not liable to mortgagee for negligent misrepresentation back to top Railroads Failure to provide safe workplace where conductor was struck by train back to top Schools School district is immune from lawsuit claiming that it failed to prevent harassment, discipline offenders Failure to provide safe environment where door latch fails, hits student in head back to top Toxic Torts Negligence where company releases toxic byproducts into air, water Oil refinery owes duty to workers’ spouses exposed to asbestos while laundering work clothes back to top Workplace Safety Failure to train workers on safety procedures when handling explosive materials Failure to provide safe workplace where worker was struck by car while unloading flatbed truck Safety regulation violations where bulldozer struck worker back to top

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