Spotlight

• False patent claims prevent woman from saving umbilical cord blood for her children’s treatment.

Recent Cases

Admiralty

• Passenger injured when fishing vessel runs aground after captain falls asleep at helm

Attorneys

• Attorney’s donation of client case files not tax deductible because attorney did not own them
• Law compelling attorneys to serve as arbitrators does not violate Fifth Amendment’s takings clause

Automobile Accidents

• Tractor-trailer crosses median, strikes vehicles after driver falls asleep
• Improper lookout
• Failure to yield right-of-way
• Speeding, failure to install guardrail

Aviation

• Federal law does not preempt claim for false imprisonment against airline
• Suit alleging racial and religious discrimination by airline and airport may proceed

Civil Rights

• Substantive due process claim may proceed where property right possibly infringed on due to race

Commercial Litigation

• Copyright infringement where company uses photographer’s photos without permission

Consumer Protection

• FCRA amendment eliminating private causes of action has impermissible retroactive effect
• Lemon law violation where new truck experiences multiple breakdowns immediately after purchase

Damages

• Insured can claim consequential damages where insurer failed to pay lost business income claim
• Oregon law prohibiting some medical negligence suits and capping damages violates Remedy Clause

Employment Law

• Retaliation where city painter fired after discussing corruption with press
• Former employees may bring FLSA retaliation claim
• Individual plan participants may sue under ERISA for fiduciary breaches that impair value of assets

Evidence

• Trial court erred in excluding plaintiffs’ expert testimony in microwave fire case
• Trial court erred in exluding prior similar incident reports

Family Law

• Incarcerated parents’ child support obligation must be calculated based on income during incarceration
• Rhode Island family court does not have jurisdiction over dissolution of out-of-state same-sex marriage

Government Liability

• Negligent installation of water main where landslide destroys homes

Insurance

• Breach of contract where insurer refuses to pay claim after jet’s vibrations damage home
• Insured may sue for fraudulent inducement to settle claim without first reimbursing money

Intentional Torts

• FCA violations where valve manufacturer sells faulty valves to U.S. Navy, fires whistle-blower

Medical Negligence

• Failure to perform timely cesarean section
• Medical negligence act does not cover claim alleging failure to implement hurricane evacuation plan
• Negligent surgery on artificial hip
• Failure to arrange ambulance for cardiac patient
• Prolonged ventilation of newborn
• Failure to recommend targeted ultrasound
• Improper surgical clearance
• EMTALA’s screening requirement ends once patient is admitted to hospital for inpatient care

Negligence

• Failure to warn where university security guard slips, falls on floor wax
• Unsafe condition, failure to provide safety equipment where ceiling falls on church demolition volunteer
• Jeopardy to future health where bus driver with tuberculosis drives high school students

Practice & Procedure

• Appellate jurisdiction does not exist over remand order based on lower court’s decision
• Crime-fraud exception to attorney-client privilege applies to attorney’s issuance of opinion letters

Premises

• Failure to provide adequate security where hotel guest was shot by armed intruders
• Rhode Island legislation exempting certain dwellings from Lead Hazard Mitigation Act is constitutional
• Lack of security, failure to call police where woman was attacked in parking garage

Products Liability

• Estate of vaccine injury claimant who died during pendency of claim may recover additional compensation
• Failure to warn of dangers of asbestos in dryer felts
• Ohio products liability repose statute is not retroactive if it results in unreasonably short filing period
• Defective design of passenger car air bag
• Defective design, manufacture of safety harness hook
• Insufficient roof strength in passenger car

Professional Negligence

• Swiss bank had no duty to warn that Swiss, not U.S., law governed account relationship
• Clergy abuse claim accrued when damages were objectively capable of ascertainment
• Negligent placement of veneers
• Unnecessary wisdom tooth extraction
• Public defender did not have official immunity from former client’s negligence claims
• Attorney who ran debt collection business may be individually liable under FDCPA
• Improper treatment of pressure sores
• Therapist who warned police about violent patient had duty of reasonable care

Railroads

• Defective hand brakes on cars where grain cars crash into locomotive

Schools

• Qualified privilege applies to defamation suit against university that published crime alert

Toxic Torts

• Expert evidence supported sending issue of causal link between toxic molds and medical problem to jury

Workplace Safety

• Failure to warn, improper mixing where chemical spill in plant causes explosion
• Employee’s death caused by playful coworker’s assault did not arise out of employment
• Negligent removal of handrail

In this Issue

• Articles
• Updates
• Court Documents