Law Reporter - Vol. 50, No. 10, December 2007
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December 2007, Volume 50, No. 10
Recent Cases
Admiralty
- Negligent operation of boat where woman injured in rough waves
- In limitation act proceeding, proper stipulations allow claimants to try liability issues in state court
Attorneys
- Opinion work product is free from fraud exception where attorney is unaware of client misconduct
- Failure to make timely IRS claim to obtain seized fees bars suit under sovereign immunity
Automobile Accidents
- Negligent entrustment where vehicle strikes car from behind
- Negligent entrustment where motorcycle hit by SUV in intersection
- Failure to observe road, control car
- Driver has duty to passengers to prevent foreseeable harmful conduct
- Improper lookout
Civil Rights
- Claim of racial discrimination survives summary judgment under indirect burden-shifting test
- Forfeiture proceedings are actions at law, entitling party to jury trial
Commercial Litigation
- Vertical minimum resale price fixing should be evaluated using rule of reason
- Antitrust violations, monopoly of market where casino gaming company sues rival to reduce competition
Consumer Protection
- Arbitration clause in form contract with take-it-or-leave-it provision is unconscionable
- Claims may proceed where manufacturer fails to disclose alleged defect to consumers
Damages
Employment Law
- ERISA violations where company reported false revenues to employee investors
- Disability discrimination, failure to accommodate where correction officer terminated after injury
- Equal Pay Act, Title VII violations where Hispanic, female employees paid less
Evidence
Family Law
Government Liability
- Feres doctrine does not bar FTCA suit by off-duty marine injured on base
- County may be sued over damaged stop sign
Insurance
- Workplace injury suit not precluded by “completed operations” exclusion in insurance contract
- Bad faith where automobile insurer refuses to settle lawsuits after accident
Intentional Torts
Medical Negligence
- Failure to provide medical care to inmate
- Improper treatment of finger fracture
- Failure to properly treat heart attack patient
- Untimely diagnosis of breast cancer
- Failure to diagnose mononucleosis
- Late diagnosis of benign brain tumor
- Negligent suturing after removal of ovarian cyst
Negligence
- Passengers in car that hit motorcycle had duty to seek emergency aid for injured motorcyclist
- Battery, negligent infliction of emotional distress where store security guard attacks, detains patron
- Salon customer burned by highlights solution
- Leash law violation where unleashed dog approaches woman, causing her to fall
Practice & Procedure
Premises
- Dangerous condition where man slips on ice in parking lot
- Failure to perform background check where woman allegedly raped in apartment by maintenance man
- Failure to place runners, warning signs about water in movie theater causes woman to slip, fall
Products Liability
- Defective design of ankle-locking device
- Defective design of valve, alarm device in firefighters’ breathing masks
- Failure to adequately warn of drugs’ cancer risks
- Federal law does not preempt deceptive trade claims over “light” cigarettes
- Insufficient sunroof frame strength, defective seatbelt in SUV
- Manufacturing defect in motorcycle tire
- Plaintiffs’ discovery requests for information from manufacturer were not overly broad
- Proof of defect by preponderance of evidence sufficient to rebut nondefectiveness presumption
Professional Negligence
- Sexual abuse of parochial school student
- Sexual abuse by priests
- Law firm claim that included FDCPA notice as part of summons and complaint did not violate statute
- Understaffing, negligent care in nursing home
- Unlicensed facility is not protected by medical negligence law’s notice provisions
- Failure to precertify treatment of patient who attempted suicide
