Spotlight

• Counsel show Sioux treaty provides damages for pain and suffering in sexual assault case

Recent Cases

Admiralty

• Court did not err in not reducing damages by amount captain paid mate for maintenance and cure
• Overtime pay is part of unearned wage calculations for injured seaman under maintenance and cure

Attorneys

• Attorney who did not try to collect client’s wages before filing suit is not entitled to fees and costs
• Law firm may assign claim for unpaid fees despite counterclaim asserting negligence

Automobile Accidents

• Truck’s empty trailer blows into lane on highway, crashing into tractor trailer
• Failure to yield
• Excessive speed during blizzard

Aviation

• Shippers are liable under Montreal Convention for goods damaged by subfreezing temperatures

Civil Rights

• Hotel’s alleged refusal to allow couple to hold wedding there permits inference of discrimination
• Lawsuit alleging torture may proceed because its subject matter is not state secret

Commercial Litigation

• Anti-spamming act violations where company sends millions of spam e-mails

Consumer Protection

• “Bill stuffer” amending terms of credit card agreement to include arbitration was ineffective
• Consumers not suffering any damage cannot preemptively sue to strike arbitration clause
• FAA does not preempt state law claims concerning agreements waiving class-action arbitrations

Damages

• Tax on defendants’ expert fees was not supported by adequate evidence and was clearly erroneous
• Pennsylvania court predicts Delaware would recognize medical monitoring tort

Employment Law

• Court reporter fired after testifying about judge using penile pump during hearings
• Employee whistle-blower fired for refusing to steal private Web information

Evidence

• Statute requiring experts in medical negligence cases to be active in field does not violate separation of powers
• Trial court’s error in barring plaintiffs from discussing other fires in defendant’s vehicles was prejudicial

Family Law

• Pets are property with special subjective value, allowing specific performance as breach of contract remedy

Government Liability

• Reckless disregard for law enforcement procedures where vehicle fleeing police hits motorcyclist
• Dangerous conditions where car encounters dangerous roadway edge drop

Insurance

• Employee’s estate may recover uninsured motorist benefits despite receiving workers’ compensation

Intentional Torts

• Reckless selection, supervision of Klansmen who attacked teenager at county fair

Medical Negligence

• Failure to diagnose heart condition
• Failure to timely clear tracheotomy tube
• Late diagnosis of compartment syndrome
• Negligent circumcision
• Mishandling of shoulder dystocia
• Failure to perform cesarean section

Negligence

• Rock band’s pyrotechnics set night club on fire
• Failure to properly construct highway allows standing water, causes truck to crash into car
• Inadequate inspection where girl’s feet severed by amusement ride’s broken cable
• Negligent piping process leaks steam containing toxic hydrocarbons

Practice & Procedure

• MDL defendants may not have ex parte contact with plaintiffs’ health care providers
• Plaintiff alleging illegal government surveillance has Article III standing

Premises Liability

• Failure to remove glass where nightclub patron falls onto glass on floor
• Failure to provide sliding glass door where woman sexually assaulted in apartment by intruder
• Dangerous condition causes tenant to trip, fall in hole on landlord’s property

Products Liability

• Lack of boom and outrigger interlock system in aerial lift truck
• Federal law does not preempt claims against manufacturer of generic drug
• Repair and replacement costs for products’ post-sale failure were recoverable damage to property
• Third Circuit predicts Pennsylvania would adopt Third Restatement definition of strict liability
• Federal law preempts shooting victims’ claims against firearm manufacturer, retailer

Professional Negligence

• Sexual abuse of minors by priest
• Negligence-based claims against design professionals barred where purely economic losses are sought
• FDCPA violation by law firm
• Negligent patent application filed by lawyer
• Failure by nursing home to follow care plan
• Mishandling of organ transplant program

Railroads

• Failure over decades to prevent engineer’s asbestos, fume exposures

Schools

• School district’s general release from liability is unenforceable
• Board of education insurance policy entitles plaintiffs to interest on damages

Utilities

• Failure to install lights where U.S. Marine helicopter crashes into unlit utility tower

Workplace Safety

• Lack of safety equipment where concrete slab falls on worker installing bank vault
• Failure to train worker who falls through topof industrial freezer

In this Issue

• Articles
• Updates
• Court Documents