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Volume 50, No. 4
May 2007

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 Unsafe workplace, Jones Act violations where deckhand’s leg becomes entangled in barge wires back to top Attorneys Defense attorney’s encouragement of jury nullification amounted to misconduct Termination fee provision requiring payment of present value of case violates public policy back to top Automobile Accidents Failure to maintain lane, keep proper lookout Negligent overtaking by tractor-trailer Failure to yield right-of-way Passenger may be jointly and severally liable where vehicle crashed while passenger held steering wheel back to top Aviation Parents, dependent relatives of man killed in plane crash may collect pecuniary, nonpecuniary damages Failure to warn of faulty radar, monitor approach back to top Civil Rights Police officer who gave tape of rape over to media outlet is not entitled to qualified immunity back to top Commercial Litigation Patent infringement where telecommunications company uses another company’s technology Courts, not arbitrators, should determine whether arbitration is barred by res judicata back to top Consumer Protection Arbitration clauses in contracts of adhesion banning class actions are unenforceable back to top Damages Prevailing defendants must prove plaintiffs acted in bad faith to obtain attorney fees back to top Employment Law FLSA violations where workers who cleaned buildings after Hurricane Katrina were not paid overtime Negligent retention of restaurant chairman who made sexual and racial comments Wage law violations where employees were not paid for missed breaks, forced to work off-the-clock back to top Evidence Evidence of conduct of insurer’s counsel after bad faith suit is filed is generally inadmissible Federal Rules of Evidence, rather than state law, govern admissibility of evidence in federal courts Specific evidence of “causation” is not required to defeat summary judgment back to top Family Law Guardian at litem does not have duty of confidentiality where disclosure is in child’s best interest back to top Government Liability Unsafe design of barrier in front of overpass pillar back to top Insurance Breach of contract, covenant of good faith where insurer refused to fully pay for home destroyed by fire Insurer had duty to defend employees who allegedly made disparaging statements about other company back to top Intentional Torts Virginia does not recognize conspiracy to intentionally inflict emotional distress False Claims Act violations where pharmacy management company canceled prescriptions back to top Medical Negligence Improper handling of placental abruption Failure to timely diagnose Group G spinal infection Improper handling of fetal distress Negligent brachioplasty Failure to timely diagnose acute abdomen Improper administration of Pitocin Failure to properly screen for genetic disorder back to top Negligence Unsecured carpet roll falls on security guard in freight elevator Building code violations where student fell when stairway banister spindle broke Failure to follow industry drug testing standards where salesman crashed car during test drive back to top Practice & Procedure Federal Rules of Civil Procedure allow discovery of documents on computer hard drives back to top Premises Hotel may be liable for injuries suffered by patron after he was kicked out by hotel staff Failure to maintain premises at shopping center where woman slipped on oil patch in parking lot back to top Products Liability Availability of medical monitoring for Vioxx plaintiffs is not dependent solely on manifest disease Unstable design of SUV California rejects presumption that smokers were aware of tobacco’s addictiveness by 1988 Negligent workplace exposure to asbestos-containing joint compounds Manufacturer of machine containing asbestos insulation supplied by another company may be liable Defective seat belt buckle in tractor-trailer Georgia’s seat belt law is substantive and prohibits evidence of belt nonuse in products liability action back to top Professional Negligence Failure to advise assisted living facility residents of bacterial infections Arbitration agreement applies to patient’s subsequent visit to chiropractor Failure to pursue placement with biological father before sending child to foster home Claims against brokerage company for procuring inadequate policy are not preempted by ERISA Law firm is not liable for advising client to disclaim interest in husband’s estate Inadequate supervision of suicidal patient back to top Railroads Same causation standard applies to both railroad negligence and employee contributory negligence back to top Schools Failure to supervise students during mandatory trip where college student fell from cliff back to top Toxic Torts Improper disposal of toxic chemicals at industrial facility Failure to maintain plant that releases chemicals into surrounding neighborhoods back to top Utilities Utility has duty to third parties to maintain streetlights in proper working order back to top Workplace Safety Failure to shut down harvesting machine and repair malfunctioning blade Negligent design of, instructions for production packer where oil well explodes back to top

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