Spotlight

• Cleared of rape charge after 14 years in prison, man wins suit for wrongful prosecution

Recent Cases

Admiralty

• Negligence, unseaworthiness where second mate’s leg caught in mooring lines during manual release

Attorneys

• Law firm’s similar name is not actionable as “passing off” or trade name infringement
• Breach of contract where company suing former business deal partner fails to pay attorney fees

Automobile Accidents

• Failure to avoid collision
• Failure to keep proper lookout
• Driving while intoxicated
• Failure to properly hire, train drivers

Aviation

• Federal Aviation Act does not preempt entire field of aviation safety
• Racial discrimination claim is viable against airline that asked passenger to buy second ticket

Civil Rights

• Private homeowners’ association may not limit residents’ right to free speech
• Medicaid statute providing nursing facility services confers rights that are privately enforceable

Commercial Litigation

• Trade secret theft, unfair competition where competitor obtains confidential information

Consumer Protection

• Challenges to contracts containing arbitration clauses must initially be heard by arbitrators, not courts
• Federal courts can exercise diversity jurisdiction over private suits brought under TCPA

Damages

• State’s settlement with tobacco defendant bars plaintiffs’ claim for punitive damages in later suit

Employment Law

• Retaliation claim based on action that would be materially adverse to reasonable worker is valid
• First Amendment does not protect public employee who made statements pursuant to his official duties
• Failure to accommodate employee with multiple sclerosis
• Provision of free telephone service to telephone company retirees constitutes pension plan

Evidence

• Court erred in dismissing case for spoliation without determining whether plaintiff acted in bad faith

Family Law

• Statute mandating sealing of financial information records in divorce proceedings is unconstitutional

Government Liability

• Suit under FTCA alleging injury due to negligent placement of mail may go forward
• Failure to correct, warn of danger of concrete wall barrier in city parking garage

Insurance

• Insurer seeks declaratory action barring coverage

Intentional Torts

• Assault where woman raped by professional baseball player
• Defamation where union distributes flyer with false claims of indecency

Medical Negligence

• Failure to assist patient at risk for falling
• Improper handling of high-risk obstetrics patient
• Physicians must disclose their disciplinary histories only where required by relevant standard of care
• Failure to diagnose bacterial infection in neutropenic patient
• Lack of informed consent for LASIK surgery
• Improper postoperative monitoring
• Obstetrician who suggested early abortion to patient can be liable to her on informed consent claim

Negligence

• Failure to warn of dangerous dogs where deputy serving subpoena was attacked by pit bulls
• Creation, allowance of safety hazard in road near construction site

Practice & Procedure

• Stay of lawsuit pending disposition of appeal in similar suit would be unduly prejudicial to plaintiffs

Premises

• Negligent operation of truck pulling cable attached to floating marina
• Negligent design, installation of hotel headboard

Products Liability

• Drug manufacturer is not entitled to summary judgment based on assumption of risk defense
• Late, overly forceful deployment of air bag
• Insufficient roof strength on SUV
• Cigarette manufacturer may not invoke “unreasonable use” defense
• Defective fungicide
• Alternative liability doctrine applies under Pennsylvania law in contaminated food cases
• Failure to include photoelectric technology in smoke detector
• Defective design of car seat’s three-point harness

Professional Negligence

• Negligent handling of needle used in dental work
• Mixing of cremated remains
• Continuous representation doctrine tolls limitations period as to attorney’s former firm
• Client who settled lawsuit instead of appealing may still sue attorney for negligence
• Attorney appointed to represent minor during parents’ divorce may be liable for negligence
• Misrepresentation about nursing home level of care
• Title insurer was not liable to mortgagee for negligent misrepresentation

Railroads

• Failure to provide safe workplace where conductor was struck by train

Schools

• School district is immune from lawsuit claiming that it failed to prevent harassment, discipline offenders
• Failure to provide safe environment where door latch fails, hits student in head

Toxic Torts

• Negligence where company releases toxic byproducts into air, water
• Oil refinery owes duty to workers’ spouses exposed to asbestos while laundering work clothes

Workplace Safety

• Failure to train workers on safety procedures when handling explosive materials
• Failure to provide safe workplace where worker was struck by car while unloading flatbed truck
• Safety regulation violations where bulldozer struck worker

In this Issue

• Articles
• Updates
• Court Documents