Law Reporter - Vol. 48, No. 7, September 2005
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September 2005, Volume 48, No. 7
Recent Cases
Admiralty
Attorneys
Automobile Accidents
- Failure to keep proper lookout
- Creation of dangerous condition
- Collision caused by negligent repair of tractor-trailer
- Failure to stop at intersection
Civil Rights
- Constitutional violations, wrongful detention of protesters at World Bank
- Police must have reasonable suspicion to detain parolee
Commercial Litigation
- Lost sales caused by defendant’s refusal to honor settlement agreement
- Breach of contract, lost payment for services rendered where structural engineering firm fired mid-project
Consumer Protection
- State discrimination against direct sales by out-of-state wineries violates Commerce Clause
- Breach of contract, warranty where house had structural deficiencies
Damages
- Appellate court improperly reversed punitive damages award based on incorrect state law interpretation
- Where no fair market value for pet exists, proper measure of damages for loss of pet is value to owner
Employment Law
- E-mailed arbitration policy was not sufficient notice to employees of contractual agreement
- Hostile work environment, emotional distress where waitresses find peepholes in changing room
- FLSA violations where nonexempt employees not paid overtime
Evidence
- Expert’s opinion inadmissible because it was not accompanied by evidence establishing reliability
- Experts could rely on scientific study in forming opinions even though study contained flaws
Family Law
Government Liability
- Police officer joins chase, loses control of car
- Summary judgment for city was inappropriate where swimmers drowned in riptide
Insurance
- Failure to pay claim for man injured while on business trip
- Court’s finding that policy covered underlying suit does not negate negligence and breach of contract claims
Intentional Torts
Medical Negligence
- Untimely diagnosis, treatment of fractured fibula
- Failure by nurses to properly communicate with cardiologist about patient’s condition
- Untimely tuberculosis diagnosis
- Failure to timely diagnose testicular torsion
- Unnecessary removal of left and right submandibular salivary glands
- Defense lawyer who served on jury in medical negligence case not biased as matter of law
- Regular breast examinations may constitute continuous treatment sufficient to toll limitations period
Negligence
- Negligent maneuvering of hand truck through store
- Dram shop liability where man killed by drunk driver
- Strict liability for pit bull attack
- Improper maintenance of propane heater
Practice & Procedure
- Judicial estoppel, sanctions are appropriate against defendant acting in bad faith
- Disclosure of treatment records in criminal trial waived physician-patient privilege in subsequent civil trial
Premises Liability
- Negligent security in apartment complex parking lot
- Failure to maintain premises where child falls while climbing in abandoned building
- Creation of hazardous condition allows boy to fall into hole under loose manhole cover
Products Liability
- Failure to test for asbestos fiber release
- Inadequate roof strength of pickup truck
- Defective busway system in office building
- Lack of adequate integrity of seat back
- Unreasonably dangerous blow fan
- Failure to use laminated glass in SUV side windows
Professional Negligence
- Breach of contract, fiduciary duty where bank forces company into bankruptcy
- Failure to supervise clergy
- Dismemberment, selling of body parts at funeral home
- Failure to reposition nursing home resident’s leg
- Misfilled methadone prescription
- Failure to adequately investigate child abuse, protect minor child
Railroads
Schools
- Negligent supervision, retention of bus driver who dragged student with cerebral palsy
- Nonlawyer parents may not represent their children in IDEA suits
