Spotlight

• Judge awards punitive damages against auto insurer for malicious prosecution

Recent Cases

Admiralty

• Barge used as floating dormitory is considered “vessel” under Jones Act

Attorneys

• Bankruptcy attorney is not required to disgorge prepetition retainer fees collected from clients
• Tortious interference with contract

Automobile Accidents

• Failure to yield right of way
• Driving while intoxicated
• Injured driver may sue owner of land adjacent to roadway where rollover occurred
• Underinsured motorist claims where motorcyclist was killed in collision
• Failure to keep proper lookout

Aviation

• Violations of FAA regulations where plane skids off runway during landing

Civil Rights

• Prisoners may sue state for ADA violations that also violate Fourteenth Amendment rights
• ADA prohibits requiring drivers with disabilities to pay for parking placards

Commercial Litigation

• Cause of action for misappropriation of trade secrets is valid under Wyoming common law
• Breach of contract where geologist’s confidential data was shared without royalty payments

Consumer Protection

• FDCPA does not require debtor to provide written notice of disputed debt
• Waiver of class action arbitration in credit card contracts is unenforceable in California

Damages

• Oklahoma law allowing punitive damages, rather than Michigan law, applies in suit against manufacturer

Employment Law

• Employer is not entitled to affirmative defense in constructive discharge harassment case
• Age discrimination, defamation where pilot was terminated
• Breach of fiduciary duty, misrepresentation where plan invested employees’ money in company stock
• FMLA violations where firefighter was put on leave after speaking at union meeting

Evidence

• Trial court erred in failing to find witness could testify as expert

Family Law

• Agreement to terminate father’s rights and obligations after child’s birth is against public policy

Government Liability

• Negligent maintenance, repair of road in state park
• Negligent maintenance of city sidewalk
• Vicarious liability for deputy’s speeding, failure to control vehicle
• Liability waiver does not protect city, camp counselor against claim of gross negligence

Insurance

• Bad faith where insurer refuses to pay workers’ compensation benefits

Intentional Torts

• Battery, policy violations where bus driver beats passenger

Medical Negligence

• Cross-contamination of chemotherapy drugs
• Improper use of forceps
• Improper treatment of stress incontinence
• Failure to timely perform cesarean section
• Untimely treatment of postpartum infection
• Excessive administration of Lidocaine
• Failure to timely diagnose baby’s bacterial infection

Negligence

• Recklessness where advanced wrestling trainee was allowed to perform dangerous move on beginner
• Strict liability where girl was bitten by dog
• Negligent operation of ATV
• Failure to restrain pit bull

Practice & Procedure

• Class action suit could not be removed to federal court under CAFA

Premises

• Negligent fire alarm testing
• Failure to warn of danger of wet carpet
• Failure to inspect, provide safe conditions at grocery store
• Inadequate security in apartment building

Products Liability

• Failure to warn of lack of brake transmission shift interlock device in minivan
• Lack of backup alarm on skid steer loader
• Contributory negligence is not defense in strict products liability actions under Nebraska law
• Lack of back check assembly on propane tank valve
• Expert’s methodology was reliable despite not being present at testing of allegedly defective product
• Insufficient seat strength in passenger car

Professional Negligence

• Alleged sexual abuse by priests
• Pastor who had affair with woman during counseling is not liable to woman’s former husband
• Negligent placement of foster child
• Misplacement of cremated remains
• Independent insurance adjusters cannot be liable to insureds for negligent mishandling of claims
• Improper monitoring of patient at psychiatric institution
• SLUSA preempts state law “holder” class action claims

Railroads

• FELA violations, unsafe working conditions

Schools

• Gender discrimination, EAA violations where student was harassed for perceived sexual orientation

Toxic Torts

• CERCLA violations, negligent maintenance of storage tank

Utilities

• Failure to warn, de-energize known power lines where worker contacts live wire

Workplace Safety

• Improper installation, inadequate guarding of skylight
• Failure to cover, barricade floor opening
• Improper training of forklift operator who dropped steel channels on truck driver

In this Issue

• Articles
• Updates
• Court Documents