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Volume 50, No. 6
August 2007

All Cases (text only)	Articles	Court Documents	Court Documents by Topic: • Dog Attacks
Spotlight	Updates	Injury Collections Abstract Sets
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 Shipowner is not vicariously liable for alleged medical negligence of onboard physician back to top Attorneys Funds given to firm by judgment debtor were advance payment retainer that became firm’s property Attorney may recover fees in quantum meruit action even absent required written fee agreement back to top Automobile Accidents Driving while intoxicated Vicarious liability for failing to keep proper lookout Vicarious liability for failing to keep proper lookout Failure to maintain proper control of vehicle back to top Aviation Landing commuter plane at excessive speed, violation of sterile cockpit rule back to top Civil Rights Constitutional violations where mother loses custody of children after social worker fabricated evidence back to top Commercial Litigation Test for predatory-pricing claims is also applicable to predatory-bidding claims Breach of contract where company used another company’s confidential investment package back to top Consumer Protection Consumers may sue drug companies for fraud where companies omitted facts with intent to influence back to top Damages Employment discrimination plaintiffs are not entitled to tax offset for noneconomic damages back to top Employment Law Disability discrimination where employer refused to accommodate worker with multiple sclerosis Sexual harassment where restaurant owner trapped hostess in office, masturbated in front of her City must contribute full certified amounts to police and firefighter retirement plans EEOC sues Japanese restaurant that allegedly prohibited workers from speaking Chinese back to top Evidence New trial is proper for defendant’s failure to disclose change in expert’s opinion back to top Family Law Man must continue to pay spousal support for former wife who allegedly tried to have him murdered Biological parents did not abandon child to foster parents where they were actively seeking custody back to top Government Liability Motor vehicle department’s reinstatement of repeat drunk driver’s license may constitute gross negligence back to top Insurance Failure to ensure that primary policy triggers excess policy Bad faith where insurer denies claim for home destroyed by Hurricane Katrina Separate asbestos-exposure claims relating to same product are not one occurrence back to top Intentional Torts Fraud, breach of contract where former employer violated previous settlement agreement back to top Medical Negligence Improper installation of orthopedic rods and screws Failure to identify abnormality on routine ultrasound Untimely diagnosis of colon cancer Failure to timely diagnose compartment syndrome Untimely diagnosis of subdural hematoma Sexual molestation during examination back to top Negligence Negligent supervision of children playing with firearms where one boy shoots another Failure to ensure traffic signs were in place where car struck by oncoming traffic in intersection Failure to control electric power chair Negligent construction, maintenance of condominium complex Homeowner’s failure to properly secure firearms back to top Practice & Procedure Rule providing for severance and voluntary dismissal of plaintiffs applies retroactively to pending case back to top Premises Failure to remove frozen manure from gas station parking lot Failure to properly maintain condominium complex parking lot back to top Products Liability Tobacco company does not fall within terms of federal officer removal statute based on company’s testing Federal law does not preempt state law claims over defective cardiac defibrillator Failure to warn of cancer risk from taking hormone replacement drugs Failure to warn of risk of inflammatory bowel disease from taking Accutane Defective design of shoulder belt in passenger car Inadequate lubrication of helicopter’s gearbox input-shaft bearings Insufficiently strong outriggers on personnel lift Defective throttle on SUV’s gas pedal back to top Professional Negligence Scope of chiropractic care in New Jersey is limited to manipulations of spine Archdiocese is not liable to former altar boy for assistant priest’s alleged sexual abuse Guardianship service’s failure to protect minors’ trust assets Auto insurer is not entitled to lien on insured’s negligence recovery against personal injury attorney Attorney whose client retained new counsel, settled claims could be liable for professional negligence back to top Railroads Unsafe workplace where worker carries 100-pound weights to defective machine Failure to adequately warn motorists of approaching trains Unsafe workplace where machinist exposed to toxic chemicals back to top Schools Failure to guard against dangerous condition in parking lot back to top Toxic Torts Polluting entities may be strictly liable for loss of use of natural resources back to top Utilities There are no cases in this issue. back to top Workplace Safety Violations of rescue doctrine where trucking company failed to send aid for injured trucker Unsafe workplace where worker fell off unsecured wooden ladder Nebraska workers’ compensation act bars suit by worker reinjured at hospital back to top

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