Spotlight

• Family of slain journalist agrees to nonmonetary settlement with city to improve emergency services

Recent Cases

Admiralty

• Breach of contract where cruise workers were not paid for overtime work

Attorneys

• Guardians ad litem may be compensated only for time spent working for benefit of children
• Drafting collective-bargaining agreements and employment contracts constitutes practice of law

Automobile Accidents

• Failure to stop at stop sign
• Negligent failure to maintain lane
• Failure to stop, avoid collision
• Employer liability where delivery truck drove on wrong side of road

Aviation

• Passengers claiming emotional distress must show that distress was more than temporary or speculative

Civil Rights

• Failure to investigate claims of sexual abuse of residents at state-run youth detention

Commercial Litigation

• False advertising, unfair competition where competing company advertised product as superior
• University that initiated, participated in patent interference proceeding waived immunity
• Claim that parent company intentionally interfered with subsidiary's contract may proceed

Consumer Protection

• Lemon law violations where new minivan undergoes multiple unsuccessful repairs for steering problem

Damages

• City may not limit damages for ferry crash where its negligence in not enforcing rules caused collision

Employment Law

• Discrimination, consent decree violations where county hired, retained employees who help party's candidates
• USERRA puts burden on employer to show that reason for alleged discrimination was not pretext
• ERISA violations where NFL retirement plan refuses to pay disability to former football player

Evidence

• Sanctions were not warranted where spoliation not intentional, resulting prejudice minimal
• Reasoning to best inference was reliable testimony where it was based on scientifically valid principles
• Collateral source rule does not bar evidence of amount accepted as full payment of medical bill

Family Law

• Personal injury solo practitioner may not reduce child support payments after decrease in income

Government Liability

• Inverse condemnation where city transit board installs trolley track between business and street

Insurance

• Bad faith where insurer protracts litigation to avoid paying uninsured motorist coverage
• Negligent infliction of emotional distress claim constitutes bodily injury under UIM policy

Intentional Torts

• Intentional infliction of emotional distress where family members murdered over motel right-of-way
• Relators need not prove presentment of false claim to government to establish FCA violations

Medical Negligence

• Denying wrongful birth action to Maryland residents by applying North Carolina law would be improper
• Negligent performance of untested procedure
• Improper treatment of preeclampsia
• Limitation period for consortium claim of injured child's parents is tolled during child's minority
• Negligent handling of shoulder dystocia
• Failure to properly assess children for lead poisoning
• Improper prescription of Zocor

Negligence

• Lack of precautions where guardrails left lying on road shoulder cause school bus rollover
• Failure to timely shoulder road after repaving
• Failure to disclose risks of cliff jumping, prior deaths

Practice & Procedure

• Discovery of claim based on tobacco addiction did not trigger limitations statute on physical injuries claim

Premises

• Creation of dangerous condition where restaurant's misting system formed large puddle outside door
• Failure to remove cement wheel stop from handicapped walkway in store parking lot

Products Liability

• Dangerous modification of golf cart
• Design defect in pickup truck's cruise control
• Park-to-reverse defect in pickup truck
• Unreasonably dangerous product containing asbestos
• Lack of safety device on boring machine
• Illinois refuses to exempt simple products with open and obvious dangers from risk-utility test
• Defective occupant restraint system in SUV
• Failure to warn of intrusion risk of standup forklift

Professional Negligence

• Sexual abuse of student by priest
• Failure to notify health plan trustees of plan's insolvency, illegality
• Nursing home resident raped by fellow resident
• Failure to comply with nursing home resident's advanced directive
• Failure to investigate child abuse complaints

Railroads

• Failure to stop moving train cars when radio communication fails

Schools

• Breach of contract where mentor cancels researcher's grant

Utilities

• Failure to install protective coordination system on power line

Workplace Safety

• Failure to install, equip load rack pipe with enclosed safety cage at asphalt processing
• Failure to allow workers to use interior stairs where worker falls off scaffold ladder in rain
• Unsafe workplace where satellite installer falls through skylight

In this Issue

• Articles
• Court Documents