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 49, No. 7
September 2006

All Cases (text only)	Articles	Court Documents	Court Documents by Topic: • Construction Site Injury
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 Lack of safety rails around hatch in engine room Seaman’s stipulation limiting claim against employer was sufficient to protect right to limited liability back to top Attorneys Attorney who represented bankruptcy debtor and refinanced mortgage created conflict of interest Client is not required to pay attorney percentage of postjudgment disability benefits back to top Automobile Accidents Driving while intoxicated Failure to yield right-of-way Firefighter’s rule applies only to on-duty firefighters injured within scope of employment Failure to yield right-of-way Improper lane change Failure to stop at red light State financial responsibility law is not preempted by federal vicarious-liability statute back to top Aviation Descent below safe minimum altitude back to top Civil Rights Battery, intentional infliction of emotional distress where teenager beaten, falsely arrested by police back to top Commercial Litigation Misappropriation of trade secrets where sales manager starts competing business back to top Consumer Protection Vehicle lessors in Arizona are not protected by Magnuson-Moss Warranty Act, state lemon law Rent-to-own contracts are subject to state retail installment sales statute and interest rate cap Imposition of wrongful tax where company charges state sales tax on service contracts back to top Damages Court properly awarded victim damages for assault, intentional infliction of emotional distress back to top Employment Law Discrimination, retaliation where female biracial police officer was called names during union trip State wage, hour laws violations where claims adjusters were not paid overtime Disability harassment, discrimination where blind worker was fired back to top Evidence Plaintiff may use circumstantial evidence to prove strict liability claim against maker of medical device back to top Family Law Breach of oral contract, undue influence where live-in partner transfers house deed to daughters back to top Government Liability Indian tribe that waived tribal immunity must arbitrate personal injury suit Municipal utility truck runs red light, strikes pedestrians back to top Insurance Bad faith repudiation where insurer rejects previous insurer’s agreement to cover claim Oklahoma recognizes tort of bad faith against workers’ compensation insurer back to top Intentional Torts Assault, battery where passenger shoves flight attendant Invasion of privacy where apartment manager searches Egyptian American’s apartment after 9/11 back to top Medical Negligence Medical center was not liable for wrongful birth Failure to follow fall-prevention guidelines Failure to perform newborn screening Improper handling of high-risk delivery Late diagnosis of prostate cancer Failure to perform cesarean section Failure to timely remove endotracheal tube Negligent breast reduction back to top Negligence Improper installation, maintenance of tractor-trailer wheel that crashed through windshield Excessive use of force in attempting wrestling move during fight back to top Practice & Procedure Amended complaint removing nondiverse party after limitations period expired established jurisdiction back to top Premises Failure to provide safe environment for patrons of women’s apparel store Failure to warn of danger, keep premises safe where apartment resident was raped at gunpoint Innkeepers have duty to protect guests from foreseeable criminal acts of third parties back to top Products Liability Defective transmission in SUV CAFA does not shift burden of establishing whether jurisdiction is proper from defendant to plaintiffs Unreasonably dangerous products containing asbestos Lack of nylon cap ply on tire Amended class action complaint not removable under CAFA where filing related back to pre-CAFA filing Remand was proper where defendant failed to prove diversity of citizenship or fraudulent joinder back to top Professional Negligence Failure to provide safe environment at assisted living facility Initiation of state court lawsuit constitutes “initial communication” under FDCPA Overmedication of nursing home resident Failure to adequately treat nursing home resident’s pressure sore Pharmacy was not liable to driver injured in collision with motorist taking prescribed medication Disclosure of confidential patient information Improper transfer technique at rehabilitation center back to top Railroads Acetylene torch explodes back to top Schools Student’s Title IX claim against university, athletic association for gang rape may proceed Student-on-student same-sex sexual harassment is actionable under Title IX back to top Toxic Torts Tortfeasors that violate CERCLA can be held only severally, not jointly, liable for cleanup costs Negligent contamination of groundwater, surface water surrounding oil refinery back to top Utilities Creation of airspace hazard where helicopter strikes abandoned telephone wires stretched across river back to top Workplace Safety Negligent operation, equipment selection where worker crushed by chiller on forklift Dangerous condition outside retirement home’s dining facility Failure to adequately guard skylight hazard 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