Spotlight

• Suit against fraternity for freshman’s death leads to anti-hazing educational programs

Recent Cases

Admiralty

• Failure to properly maintain, operate equipment where zinc bromide tank on vessel overheats
• Unseaworthiness where seaman struck by chain stopper while vessel undocked

Attorneys

• EAJA allows reimbursement for paralegal services at prevailing market rates
• Law firm cannot be forced to arbitrate with client based on retainer agreement with affiliated firm

Automobile Accidents

• Falling asleep at wheel
• Failure to stop at red light
• Failure to yield
• Driving in wrong lane

Aviation

• ADA does not preempt state law tort claim alleging false imprisonment by airline
• Failure to inspect airline’s operations, equip with enhanced ground proximity warning system

Civil Rights

• Town ordinance prohibiting roadside solicitation for employment violates First Amendment
• Excessive force by police who restrained man after he suffered epileptic seizure

Commercial Litigation

• Sherman Act violations where ready-mixed concrete manufacturers fix prices
• Consumer fraud where company uses MySpace to send spam

Consumer Protection

• Arbitration clause depriving mortgagors of substantive remedies is unconscionable
• TILA does not shield lenders from liability for failing to provide borrowers with clear rescission notice

Damages

• Compensatory damages amounting to $8 per day are miscarriage of justice warranting new trial
• Mother of injured child cannot recover for infliction of emotional distress without expert proof

Employment Law

• Title VII violations where sexual, racial comments made to health care facility employees
• Rescission of job offer to transsexual is sex discrimination under Title VII

Evidence

• Conversations between hearing impaired person and other party are not inadmissible hearsay
• NTSB safety recommendations are inadmissible in civil suits

Family Law

• Courts may consider preseparation asset dissipation that occurred when marriage was in jeopardy

Government Liability

• Plaintiff may recover against public employee for willful misconduct without proving permanent injury

Insurance

• Breach of contract where insurer refuses to pay life insurance benefits
• Bad faith where insurer delays payment of property damage claims following hurricane

Intentional Torts

• Defamation suit against lawyer who accused law firm of being involved in theft may proceed

Medical Negligence

• Failure to timely diagnose brain tumor
• Untimely diagnosis of Rocky Mountain spotted fever
• Negligent performance of colonoscopy
• Failure to diagnose coronary artery disease
• Negligent cataract surgery
• Untimely treatment of retinopathy of prematurity in newborns
• Negligent patient monitoring

Negligence

• Speeding skier collides with another
• Allowing minor to ride ATV unsupervised
• Negligent brake maintenance where U-Haul truck rolls over renter

Practice & Procedure

• Bankruptcy case may be reopened where debtors seek to include personal injury action as asset
• Court may not decertify class after judgment where there were no changed circumstances

Premises Liability

• Failure to provide adequate security where man was shot, killed outside apartment
• Improper security where man was shot in club bathroom

Products Liability

• Consumer expectation test applies to case involving air bag
• Defective design of SUV fuel tank system
• Defibrillator fails to deliver shock
• Federal law does not preempt claim alleging failure to warn of antidepressant’s pediatric suicide risk
• In lawsuit alleging injury from gadolinium-based contrast dyes, joinder of dye distributor was proper
• Joinder of medical defendants in suit against hernia repair patch manufacturers was proper
• Prescription drug user develops pathological gambling addiction
• Subcontractor has standing to sue product manufacturer under equitable subrogation

Professional Negligence

• Negligent tax advice
• Breach of clergy fiduciary duty claim requires unique vulnerability and inability to self-protect
• Improper supervision of priests
• Archdiocese, diocese were not liable to out-of-state plaintiffs alleging abuse by schoolteacher
• Former matrimonial attorneys could obtain client’s confidential records
• Letters to law school and bar association were defamatory per se, but may have been privileged

Railroads

• Inadequate signalization, warning device installation claims against railroad are preempted by FRSA

Schools

• Breach of contract where medical student was dismissed two months before graduation

Toxic Torts

• Failure to maintain garbage dumps

Utilities

• Failure to ensure manhole was covered allows man to fall in

Workplace Safety

• Failure to inspect, maintain, repair where truck’s passenger door swings open, ejects worker
• Operating backhoe too close to workers
• Driving at unsafe speed causes truck to run into driver making delivery
• Failure to repair safety devices where crane runs over worker

In this Issue

• Articles
• Updates
• Court Documents
• 2008 Annual Index