Spotlight

• Settlement arising from fatal helicopter crash leads to voluntary safety improvements

Recent Cases

Admiralty

• Unsafe workplace where ferry employees inhale toxic vapors while cleaning boat's restroom

Attorneys

• Law firm does not bear burden of proving permissible uses of information purchased from state DMV
• Trial court abuses discretion by sanctioning attorney for filing bankruptcy petition on eve of trial

Automobile Accidents

• Failure to yield right-of-way
• Reckless driving
• Driving at excessive speed
• Failure to slow down

Aviation

• Plaintiff may sue hospital for negligent selection of contractor to provide air ambulance services

Civil Rights

• Use of Taser to stun already-restrained arrestee is excessive use of force
• Roommate-selecting Web site is content developer and thus is not eligible for CDA immunity
• State law barring inmate from filing complaint after prior, frivolous lawsuits violates state constitution

Commercial Litigation

• Developer backs out of joint venture and builds complex alone, breaching oral contract
• Mandatory FAA remedies may not be used to compel arbitration where contract requires only mediation

Consumer Protection

• Article III standing is established by allegations that banks' collusion affected credit card services
• City regulation requiring restaurant chains to post caloric content of meals is not unconstitutional
• Consumers of children's snacks may sue manufacturer for violations of state consumer protection statutes

Damages

• Deceased husband's future tax liability should not be considered when calculating wrongful death losses

Employment Law

• Defendants in disparate-impact ADEA cases have dual burdens for RFOA affirmative defense
• Age, sex discrimination where older female teachers were not paid same as younger males
• FLSA violations where HUD fails to pay overtime, compensation time

Evidence

• Attorney-client privilege applies to communications between individual clients and representatives

Family Law

• Cohabitation is not required in palimony suits but marital-type relationship is

Government Liability

• Landowner may assert cause of action for pre-condemnation damages
• Vehicle rear-ended by county employee due to failure to keep proper lookout

Insurance

• 'Knowing' trade practices violations may constitute 'occurrence' under commercial liability policy
• Bad faith where insurer refuses to cover nightclub's settlement with injured patron

Intentional Torts

• Sexual assault, battery where businessman molests bookkeeper's daughter for years

Medical Negligence

• Late diagnosis of prostate cancer
• Untimely diagnosis of lung cancer
• Negligent administration of blood transfusion
• Failure to diagnose breast cancer
• Improper handling of shoulder dystocia
• Use of excessive lateral traction
• Limitations statute precluded claims by adults who were allegedly 'switched at birth'

Negligence

• Dram shop liability where drunk driver runs into motorcycle
• Failure to clear zone of danger where cut tree limb falls on homeowner
• Failure to use care in diverting water where runoff from construction harms neighboring property

Practice & Procedure

• Magistrate judge's order to remand is dispositive and thus must be reviewed de novo

Premises Liability

• Dangerous condition where child was exposed to lead-based paint in apartment
• Failure to build according to safety standards where man falls down 12-foot drop on golf course
• Failure to place warning signs where man on crutches slips, falls on restaurant floor

Products Liability

• False-latch condition of seat belt buckle
• Consumer's claims alleging lipstick contained excessive lead can go forward
• Defective design of tree stand safety harness
• Joinder of medical defendants in suit against hernia repair patch manufacturers was proper
• Low firing threshold for air bag system
• Failure to warn of dangers of aging tires

Professional Negligence

• Failure to timely file correct tax form
• Failure to warn staff, residents of Group A strep outbreak at assisted living facility
• Breach of fiduciary duty, conversion by bank
• Attorney who prepared deed resulting in increased tax liability is not liable to will beneficiaries
• Burial of corpses in body bags
• Unauthorized movement, reburial of remains
• Washington health care privacy statute overrides common law witness immunity rule

Railroads

• Negligence where engineer was ordered to board, switch car leaking hydrochloric acid

Schools

• Students who have not previously received special education may be reimbursed for private school
• Students' sexual harassment claims against professor are protected by absolute privilege
• School has qualified immunity from claim regarding undisclosed meetings with student

Toxic Torts

• Misrepresentation where hazardous waste was labeled as nonhazardous, disposed in landfill

Workplace Safety

• Unsafe workplace where glazier falls off ladder
• Failure to provide safety equipment, training where temporary worker was sucked into grain tank chute
• Failure to keep proper lookout where tow truck driver was crushed by car being loaded onto truck

In this Issue

• Articles
• Updates
• Court Documents