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Volume 50, No. 8
October 2007

All Cases (text only)	Articles	Court Documents	Court Documents by Topic: • Consumer Protection-FDCPA Cases • Breast Cancer Litigation
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 Jones Act violations where commercial diver suffers collapsed lung back to top Attorneys Lawyer’s communication with opposing side’s employee is not ethics violation Suspension is appropriate sanction for secret agreement with clients’ adversary back to top Automobile Accidents Failure to maintain lane Negligent driving of SUV Vicarious liability where tractor-trailer fails to stop Improper lookout back to top Aviation Racial profiling of passenger removed from flight before takeoff back to top Civil Rights Freedom of speech violation where protesters are arrested without probable cause Section 1983 case not barred as long as it would not negate plaintiff’s underlying conviction back to top Commercial Litigation Contractor that used brochure to copy house design misappropriated copyrighted design Breach of contract where resort company rescinds marketing contract back to top Consumer Protection Clause prohibiting class action litigation or arbitration is unconscionable back to top Damages Injured baseball player must prove only reasonable certainty of future lost earnings Tenants can recover emotional distress damages for landlord’s failure to make certain repairs back to top Employment Law Disability discrimination suit may proceed absent proof of different treatment for other disabled employees Invasion of privacy where man put camera in office where coworkers undressed First Amendment violations where juvenile officer was demoted after asserting failure to report abuse back to top Evidence Manner of death may be used to prove survivor’s mental anguish in wrongful death action Evidence of prior DWI convictions is relevant in civil case involving accident caused by drunk driver back to top Family Law Courts may review waiver of attorney fees in marital agreement for unconscionability back to top Government Liability Inverse condemnation where city’s road project causes catastrophic damage to private home Negligent hiring, supervision where teenager was raped by police officer back to top Insurance Lawyer defendant wins declaratory relief against malpractice insurance provider Breach of contract, bad faith where insurer refuses to pay claim, delays appraisal Failure to pay homeowners’ Hurricane Katrina claim back to top Intentional Torts Assault, battery where unlicensed plastic surgeon removes breast tissue after implant complications Defamation where columnist accused judge of offering leniency for political favor back to top Medical Negligence Improper response to uterine hyperstimulation Failure to timely diagnose subacute bacterial endocarditis Negligent handling of shoulder dystocia Improper treatment of infected penis Failure to timely diagnose squamous cell carcinoma Negligent treatment of postoperative infection Failure to diagnose genetic disorder back to top Negligence Failure to provide reasonable care where Special Olympics volunteer sexually assaults participants Negligent parking of ice cream truck Service of alcohol to intoxicated bar patron back to top Practice & Procedure Communications with therapist not discoverable where plaintiff did not seek distress damages back to top Premises Failure to install anti-tipping device on apartment’s stove Failure to maintain parking lot in safe condition Dangerous condition, failure to warn where truck overturns in ditch on shortcut road back to top Products Liability Defective design of surgical stapler Defective gear teeth in seatback recliner mechanism Failure to warn of serious cardiovascular risks from taking Vioxx Jury’s findings in case involving improper bicycle pedal attachment were not inconsistent Federal law does not preempt state law claims against manufacturer of artificial spinal disk West Virginia rejects learned intermediary doctrine back to top Professional Negligence Sexual abuse of group home residents Law firm is liable for attorney fees and litigation expenses incurred by client forced to relitigate Failure to provide qualified nursing home employees Failure to implement proper care plan for nursing home resident with Alzheimer’s Daughter-in-law’s signature did not bind nursing home resident to arbitration agreement Failure to prevent pressure sores Negligent supervision of hospital employee back to top Railroads FELA liability where conducter was runover by train during rail switch back to top Schools Schools have duty of reasonable care to supervise students during dismissal back to top Toxic Torts CERCLA violation where munitions plant operator allegedly polluted site with perchlorate back to top Utilities There are no cases in this issue. back to top Workplace Safety Negligent driving where truck runs over landscaper’s foot Failure to warn, provide respiratory protection to worker exposed to asbestos Failure to secure, inspect where steel vault door falls on worker Failure to provide fall protection where construction worker falls off house trusses back to top

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