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Volume 49, No. 10
December 2006

All Cases (text only)	Articles	Court Documents
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 Barge worker injured on tugboat is seaman entitled to bring suit under Jones Act Negligent maintenance of tugboat engines leads to injury back to top Attorneys Plaintiffs in medical negligence cases can waive contingency fee cap imposed by amendment Contract clause requiring forfeiture of stock upon departure is subject to reasonableness test Attorney is not liable for client’s chiropractic bills absent signed agreement back to top Automobile Accidents Improper lookout, vicarious liability Improper lookout, vicarious liability Failure to maintain control of vehicle Negligent hiring, entrustment of driver who loses consciousness Failure to keep proper lookout, yield right-of-way back to top Aviation Negligence claim against airport authority is preempted by Federal Aviation Act back to top Civil Rights False arrest, malicious prosecution where man was wrongly arrested, detained Muslim inmate’s suit may proceed against officials who punished him for refusing to handle pork back to top Commercial Litigation Schools may sue companies that use their colors, logos, and designs for unfair competition Constructive fraud, breach of fiduciary duty where controlling stockholders mismanage company back to top Consumer Protection Lemon law violations where high-performance car breaks down repeatedly Credit reporting agency had duty under previous version of FCRA to reinvestigate dispute back to top Damages Plaintiff who witnessed fatal fire could assert claim for bystander emotional distress back to top Employment Law FMLA, Pregnancy Discrimination Act violations where pregnant manager fired from restaurant Agreement with release and covenant not to sue was not written in plain language as required by ADEA Military, race discrimination where army reservist was not compensated by employer for military leave back to top Evidence Intentional spoliation of evidence recognized where destruction prevents establishment of claim back to top Family Law Man is estopped from denying paternity where he represented himself as child’s father Military housing, subsidy allowances are gross income for purposes of child support back to top Government Liability Failure to keep proper lookout where city bus knocks man down, runs over his arm Suit against state for mismanagement of land trust may proceed back to top Insurance Laws extending prescriptive period for claims for damages caused by hurricanes are constitutional FAA does not preempt state laws prohibiting carriers from requiring binding alternative dispute resolution Bad faith, breach of contract where insurer refuses to pay homeowners for hurricane damage back to top Intentional Torts Malicious prosecution where police arrest woman whose ATV was stolen Relators did not demonstrate that Iraq contractor presented false claims to U.S. government back to top Medical Negligence Failure to assess fetus’s gestational age Improper treatment of heart attack patient Improper pre-LASIK screening Late diagnosis of stroke Failure to prevent, control serratia epidemic Louisiana lower appellate court finds state’s medical negligence damages cap is unconstitutional back to top Negligence Parental pre-injury waiver of child’s potential claims against recreational facility is against public policy Use of inadequate sling where crane drops trailer on man back to top Practice & Procedure Plaintiffs’ voluntary dismissal of lawsuit and subsequent refiling of action was not claim-splitting back to top Premises Failure to install safety float rope in apartment swimming pool Failure to properly maintain premises where tenant was attacked in hallway of apartment building back to top Products Liability Failure to warn of dangers of asbestos Pretrial publicity about circumstances leading up to lawsuit did not justify intra-district transfer Defective fuel system in pickup truck Lack of grounded hose in sandblaster Inadequate warnings of over-the-counter infant cold medicine’s dangers Defective design of driver’s seat, integrated child seat in minivan back to top Professional Negligence Claim arising out of repressed clergy abuse accrued when damages were sustained and ascertainable Private treatment center must adequately supervise and care for client with mental retardation Claims against attorney who drafted prenuptial agreement accrued at time of marriage Virginia medical negligence law was inapplicable to claim of inadequate security at nursing home Unsanitary conditions in nursing home Misfilled prescription by pharmacist under influence of controlled substance back to top Railroads FELA safe workplace violations where engineer operated “rough riding” trains back to top Schools Title II of ADA validly abrogates states’ Eleventh Amendment immunity in public education arena Officials who banned T-shirt depicting drugs, alcohol as political statement violated student’s rights back to top Toxic Torts Canadian smelter may be liable under CERCLA for failing to remediate pollution of U.S. river back to top Utilities Statute of limitations bars property owner’s claim for damages caused by gas explosion back to top Workplace Safety Estates of deceased worker, spouse are entitled to workers’ compensation benefits Failure to warn, provide respiratory protection where pipefitter was exposed to asbestos back to top

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