Spotlight

• Counsel wins verdict for roofer against contractor who failed to enforce fall protection regulations

Recent Cases

Admiralty

• Lack of safety rails around hatch in engine room
• Seaman’s stipulation limiting claim against employer was sufficient to protect right to limited liability

Attorneys

• Attorney who represented bankruptcy debtor and refinanced mortgage created conflict of interest
• Client is not required to pay attorney percentage of postjudgment disability benefits

Automobile Accidents

• Driving while intoxicated
• Failure to yield right-of-way
• Firefighter’s rule applies only to on-duty firefighters injured within scope of employment
• Failure to yield right-of-way
• Improper lane change
• Failure to stop at red light
• State financial responsibility law is not preempted by federal vicarious-liability statute

Aviation

• Descent below safe minimum altitude

Civil Rights

• Battery, intentional infliction of emotional distress where teenager beaten, falsely arrested by police

Commercial Litigation

• Misappropriation of trade secrets where sales manager starts competing business

Consumer Protection

• Vehicle lessors in Arizona are not protected by Magnuson-Moss Warranty Act, state lemon law
• Rent-to-own contracts are subject to state retail installment sales statute and interest rate cap
• Imposition of wrongful tax where company charges state sales tax on service contracts

Damages

• Court properly awarded victim damages for assault, intentional infliction of emotional distress

Employment Law

• Discrimination, retaliation where female biracial police officer was called names during union trip
• State wage, hour laws violations where claims adjusters were not paid overtime
• Disability harassment, discrimination where blind worker was fired

Evidence

• Plaintiff may use circumstantial evidence to prove strict liability claim against maker of medical device

Family Law

• Breach of oral contract, undue influence where live-in partner transfers house deed to daughters

Government Liability

• Indian tribe that waived tribal immunity must arbitrate personal injury suit
• Municipal utility truck runs red light, strikes pedestrians

Insurance

• Bad faith repudiation where insurer rejects previous insurer’s agreement to cover claim
• Oklahoma recognizes tort of bad faith against workers’ compensation insurer

Intentional Torts

• Assault, battery where passenger shoves flight attendant
• Invasion of privacy where apartment manager searches Egyptian American’s apartment after 9/11

Medical Negligence

• Medical center was not liable for wrongful birth
• Failure to follow fall-prevention guidelines
• Failure to perform newborn screening
• Improper handling of high-risk delivery
• Late diagnosis of prostate cancer
• Failure to perform cesarean section
• Failure to timely remove endotracheal tube
• Negligent breast reduction

Negligence

• Improper installation, maintenance of tractor-trailer wheel that crashed through windshield
• Excessive use of force in attempting wrestling move during fight

Practice & Procedure

• Amended complaint removing nondiverse party after limitations period expired established jurisdiction

Premises Liability

• Failure to provide safe environment for patrons of women’s apparel store
• Failure to warn of danger, keep premises safe where apartment resident was raped at gunpoint
• Innkeepers have duty to protect guests from foreseeable criminal acts of third parties

Products Liability

• Defective transmission in SUV
• CAFA does not shift burden of establishing whether jurisdiction is proper from defendant to plaintiffs
• Unreasonably dangerous products containing asbestos
• Lack of nylon cap ply on tire
• Amended class action complaint not removable under CAFA where filing related back to pre-CAFA filing
• Remand was proper where defendant failed to prove diversity of citizenship or fraudulent joinder

Professional Negligence

• Failure to provide safe environment at assisted living facility
• Initiation of state court lawsuit constitutes “initial communication” under FDCPA
• Overmedication of nursing home resident
• Failure to adequately treat nursing home resident’s pressure sore
• Pharmacy was not liable to driver injured in collision with motorist taking prescribed medication
• Disclosure of confidential patient information
• Improper transfer technique at rehabilitation center

Railroads

• Acetylene torch explodes

Schools

• Student’s Title IX claim against university, athletic association for gang rape may proceed
• Student-on-student same-sex sexual harassment is actionable under Title IX

Toxic Torts

• Tortfeasors that violate CERCLA can be held only severally, not jointly, liable for cleanup costs
• Negligent contamination of groundwater, surface water surrounding oil refinery

Utilities

• Creation of airspace hazard where helicopter strikes abandoned telephone wires stretched across river

Workplace Safety

• Negligent operation, equipment selection where worker crushed by chiller on forklift
• Dangerous condition outside retirement home’s dining facility
• Failure to adequately guard skylight hazard

In this Issue

• Articles
• Updates
• Court Documents