Law Reporter - Vol. 48, No. 2, March 2005
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March 2005, Volume 48, No. 2
Recent Cases
Admiralty
Attorneys
Automobile Accidents
- Policy language limiting coverage to injuries of named insureds violates Maine uninsured motorist statute
- Failure to keep proper lookout
- Negligent parking
- Cell phone use while driving
Aviation
Civil Rights
- Law enforcement officers can be held liable for unlawfully searching home of parolee who was in jail
- Malicious prosecution, false conviction where man imprisoned for rape he did not commit
- Excessive force where police officer uses taser gun
Commercial Litigation
- Patent infringement where technology companies use joystick technology
- Fraud, negligent misrepresentation where couple invests in misrepresented company
Consumer Protection
- Consumers may use oral agreement as evidence to show fraudulent inducement to break contract
- Minimal credit line guarantee is not firm offer of credit allowing release of consumer credit report
- Amendment to TILA did not remove recovery limits for loans secured by personal property
Damages
- Bankruptcy debtor can recover emotional distress damages against creditor that violates stay
- Reneging prospective employer may be liable for lost future wages under promissory estoppel theory
Employment Law
- Arab-American government immigration official harassed by supervisor
- Title VII violations where female applicants given strength test
- ERISA violations where lump sum benefit payments did not include cost-of-living adjustment
- Teacher who was denied public employment for sending child to private school may sue
Evidence
- Expert testimony based on accident reconstruction software was admissible
- Court erred in failing to admit evidence on cost, features of annuity
Family Law
- Automatic removal of children who witnessed domestic abuse is improper
- Supplemental security income benefits are not income for child support purposes
Government Liability
Insurance
- Breach of contract, bad faith where chronic fatigue syndrome not recognized as disability
- Failure to pay underinsured motorist claim
Intentional Torts
- Battery, racial discrimination where man punched by union representative
- Wrongful death where man shot by intruder
Medical Negligence
- Failure to timely diagnose bone tumor
- Delayed cesarean section
- Use of wrong catheter during surgery
- Failure to diagnose breast cancer
- Surgical towel left in patient
- Improper handling of shoulder dystocia
- Failure to timely diagnose prostate cancer
Negligence
- Dram shop violations
- Negligent rollerblading with dog on leash
- Negligent hiring and retention claims may proceed against agency where janitor assaulted student
Practice & Procedure
- Forum selection clause did not warrant transfer of venue where transfer would cause delay
- Tolling of limitations statute applicable where class denied certification based on representative's deficiencies
Premises Liability
- Negligence per se where woman bitten by spider at motel
- Child who fell from ladder may sue even if danger was obvious to adults
- Creation of dangerous condition
- Racetrack that hired security guard to direct traffic owes duty of care to visitors
- Strict liability where guest bitten by dog
Products Liability
- Insufficient seat strength in minivan
- Danger of lethal harm from ingesting body care product was not open and obvious
- Defective design of forklift's operator compartment
- Failure to warn that anesthesia machine could produce carbon monoxide
- False empty condition in BB gun
- Lack of guard over laminating machine's rollers
- Defective clockspring device in air bag
Professional Negligence
- Negligent supervision, conspiracy to protect pedophiles
- Private agency may be liable to foster parents for negligent placement
- Negligent supervision, fraud
- Charitable immunity doctrine does not preclude plaintiff's gross negligence claims against hospice entry
- Failure to provide proper medical care
- Misfilled antibiotic prescription
- Improper training, supervision of respite workers
Railroads
- Failure to timely blow whistle where car hit by train
- FELA violations where worker injured while mounting moving train
Schools
- Students with autism may sue school under ADA for shortening school day for budgetary
- Negligent safety measures where student falls during play rehearsal
