Law Reporter - Vol. 49, No. 1, February 2006
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February 2006, Volume 49, No. 1
Recent Cases
Admiralty
Attorneys
- No recovery under contingency fee agreement where attorney discharged with cause
- Fees in single matter under oral contract are not subject to longer limitations statute under state law
Automobile Accidents
- Failure to heed red light
- Children of uninsured motorists have full tort coverage under state law
- Driving while intoxicated where driver strikes pole, killing passenger
- Driving while intoxicated where car strikes motorcycle in intersection
- Speeding
Aviation
Civil Rights
- Trial court erred in refusing to include oppressive conduct in jury instruction for punitive damages
- Parole agents' failure to knock, announce themselves violated homeowner's Fourth Amendment rights
Commercial Litigation
Consumer Protection
- National Bank Act preempts state law regarding oversight of national banks' operating subsidiaries
- Initial insurance policy rates are considered increased rates under FCRA
Damages
Employment Law
- Title VII violations where African American employees not promoted
- Time spent walking between locker room and workstation is compensable under FLSA
- Refusal to fire unattractive salesperson is protected activity under state employment law
Evidence
Family Law
Government Liability
- Corporations are not 'persons' eligible for immunity under the FTCA
- Excessive force where woman killed by police during riot
Insurance
- ERISA violations where long-term disability benefits terminated
- No state constitution violations where statute bars noneconomic damages for uninsured motorists
Intentional Torts
Medical Negligence
- Improper treatment of postsurgical internal bleeding
- Failure to timely diagnose prostate cancer
- Negligent treatment of respiratory distress
- Late diagnosis of breast cancer
- Failure to timely diagnose child's bowel obstruction
- Failure to diagnose postdelivery bleeding
- Improper intubation
Negligence
- Gas stations owe duty to persons on roadways when selling gas to obviously intoxicated drivers
- Negligent maintenance, repair of tire
Practice & Procedure
Premises Liability
Products Liability
- Insufficient roof strength on pickup truck
- Inadequate warning of dangers of reclining car seat
- Rented forklift was dangerous instrumentality even when not used on public road
- Successor liable for injury from predecessor's product only where one of four exceptions applies
- Failure to install safety bolts in boom link
- Service of contaminated food
- Concealment of risks of Vioxx
Professional Negligence
- Service of process in case against Holy See insufficient for lack of statutory compliance
- Alleged sexual abuse by priests
- Improper supervision of foster home
- Misrepresentation of investment risk by insurance agents
- Negligent legal advice to business competitor
- Prosecutors have absolute immunity from damages claims despite underlying improper motive
Railroads
Schools
- Mother need not exhaust administrative remedies before filing suit for emotional distress
- Due process violations where school district fails to implement education plan for autistic student
Toxic Torts
- Successor landowners can be liable under Clean Water Act for ongoing discharge of pollutants
- Air pollution, nuisance where oil refinery pumps soot particles, bad odors into air
