Spotlight

• Successor company held liable for girl’s death caused by runaway fire hose

Recent Cases

Admiralty

• Failure to properly inspect, maintain vessel where oil rig worker falls down crew boat stairwell

Attorneys

• Attorney who practiced in state without bar admission may not be admitted to federal court pro hac vice

Automobile Accidents

• Failure to keep proper lookout
• Failure to yield right-of-way
• Failure to yield right-of-way
• Speeding, failure to maintain control of vehicle

Aviation

• Airline is not liable under Warsaw Convention for failing to warn of risk of deep vein thrombosis

Civil Rights

• Officers who handcuffed, pointed guns at unarmed child are not entitled to qualified immunity
• Interference with parental relationship where girl is taken from father’s custody without warrant
• Alien’s Fourth Amendment claims of excessive force, unlawful arrest may go forward against border guard

Commercial Litigation

• Breach of fiduciary duty, conspiracy where directors paid themselves excessive amounts
• Online fantasy baseball games do not violate major league players’ rights of publicity

Consumer Protection

• Trespass to chattels, deceptive trade practices where computer users unknowingly download spyware
• Art dealer’s statement about antique’s period of origin creates express warranty

Employment Law

• No “narrow restraint” exception to California rule that noncompete agreements are void
• Gender discrimination, harassment where female workers are subjected to abusive behavior

Evidence

• Employee injured at workplace may not sue employer for third-party spoliation of evidence

Family Law

• Wife who was abused by husband may receive all marital assets in divorce distribution

Government Liability

• Negligent issuance of permit to builder where biker in construction zone is thrown over barricade
• Failure to supervise swimmers, respond to emergency at county lake

Insurance

• Non-assignment clause in excess liability policy is void after loss
• Failure to pay covered occurrences

Intentional Torts

• Slander of title, fraud where homeowners’ association asserts unfounded liens on condo to thwart sale
• Doctor’s statements made in medical report prepared during lawsuit are entitled to absolute immunity

Medical Negligence

• Failure to timely diagnose breast cancer
• Improper handling of shoulder dystocia
• Dialysis center owed duty to drivers injured by patient shortly after she left treatment
• Failure to diagnose fungal infection
• Failure to properly treat choledochal cyst
• Negligent administration of interscalene block

Negligence

• Failure to have lookout, defective lack of audible warning on boom lift
• Improper attachment of tractors to gondolas using safety chains that sparked fire
• Professional association rule violation where bull rider speared with insufficiently blunted horn

Practice & Procedure

• RICO allows nationwide service of process where ends of justice require it

Premises

• Failure to properly maintain elevator’s interior handrails
• Failure to abate lead-based paint hazard in apartment

Products Liability

• Inadequate instructions on scissors lift
• Failure to recall defendant’s name, product did not shift burden to plaintiff to show causation fact question
• Lack of barrier guard, emergency stop switches on foundry turntable
• Defective design using unrecessed toggle power window switch in SUV
• Defective cruise control system
• Common law claims alleging injuries from diabetes drug Rezulin are not preempted

Professional Negligence

• Sexual abuse by priest
• Provision eliminating limitations statute for clergy abuse claims does not revive time-barred suits
• Negligent wisdom tooth extraction
• Failure to prevent molestation of minors living at group home
• Attorney is not liable to third-party beneficiaries for failing to make client’s will uncontestable
• Falsification of amount owed by alleged debtor
• Psychiatrist who performed independent medical examination for city is not liable to examinee

Railroads

• Safety Appliance Act strict liability where conductor falls when brake step gives way

Schools

• Charitable immunity law does not bar former student’s lawsuit against private boarding school
• Title IX does not preempt § 1983 suit for equal protection violations based on gender discrimination
• Creation of dangerous condition where student steps into uncovered manhole

Toxic Torts

• State coal-mining act violations, trespass where coal company contaminates property meant for pasture
• Company that voluntarily remediated contamination may recover cleanup costs under § 107 of CERCLA

Workplace Safety

• Failure to perform inspection, engineering survey at excavating site where silo wall falls on worker
• Employee injured when coworkers restrained him during seizure is entitled to workers’ compensation

In this Issue

• Articles
• Updates
• Court Documents