Spotlight

• Family of woman killed by drunk driver prevails against police agencies that covered it up

Recent Cases

Attorneys

• Law firm’s partnership agreement that only retiring partners can cash out deferred income is valid
• Court may not reduce fees where there were no developments not capable of being anticipated

Automobile Accidents

• Failure to heed stop sign
• Failure to yield right-of-way
• Improper lookout
• Operating vehicle while under influence of alcohol

Civil Rights

• Lawsuit alleging deliberate indifference where officials withheld treatment from prisoner may proceed

Commercial Litigation

• Class action waiver in arbitration agreement between credit card company and merchants violates FAA
• Breach of contract, fiduciary duty where licensing company does not market retired football players

Consumer Protection

• Issue of whether arbitration clause is illusory is for court to decide
• Primary jurisdiction doctrine does not apply to FDCA claims where store sold artificially colored salmon

Damages

• Indiana’s punitive damages cap is unconstitutional
• Prevailing employees in discrimination suits may be entitled to additional sums for taxes on back pay

Employment Law

• Government “term” employee fired after jury service is permanent employee protected by jury services act
• Title VII pregnancy discrimination where woman was fired during maternity leave
• RLA is subject to ordinary preemption and thus does not completely preempt state law claims

Evidence

• Expert testimony that exposure to benzene-containing gas caused leukemia is unreliable and inadmissible
• Potential prejudice outweighs probative value of statements during vocational intake interview

Family Law

• Spouses have expectation of privacy when alone in marital bedroom

Government Liability

• Failure to yield right-of-way where bus hit pedestrian in crosswalk
• Prosecutors are entitled to absolute immunity for certain § 1983 claims
• Taking, inadequate compensation in condemnation proceeding

Insurance

• Breach of contract under ERISA where insurer claims eating disorders are not covered
• Conflict when administrator evaluates, pays benefits is factor in determining abuse of discretion

Intentional Torts

• Due process violations, reputation damage where city fires employee without name-clearing hearing

Medical Negligence

• Failure to perform timely cesarean section
• Improper administration of Methylene Blue
• Untimely diagnosis, treatment of hemorrhaging arteriovenous malformation
• Laceration of newborn’s middle finger
• Negligent administration of Dilaudid
• Improper performance of cervical diskectomy
• Negligent knee replacement surgery

Negligence

• Unsafe operation where dune buggy runs over fallen motorcyclist
• Breach of duty to passengers where escalator suddenly reverses direction while passenger is riding it
• Pre-injury releases executed by parents on behalf of their children violate public policy

Practice & Procedure

• Party defaults on right to arbitrate after prolonged litigation substantially prejudices opposing party
• Court refuses to dismiss claims against aircraft manufacturer on forum non conveniens grounds

Premises Liability

• Homeowner was strictly liable for dog bite injuries even though she was not dogs’ legal owner
• Pharmacy may be liable for customer’s injuries sustained after tripping over obvious condition
• Failure to evaluate water delivery system where hospital patients contract Legionnaires’ disease

Products Liability

• Tobacco company’s use of descriptors does not fall within deceptive trade practices act exemption
• Federal law preempts state law design defect claims against vaccine manufacturer
• Sperm bank may be sued in products liability under New York law
• Lack of guard on food processing machine’s moving parts
• Lack of fail-safe device in garage gate
• Plant worker exposed to diacetyl in microwave popcorn butter flavoring
• Judge did not err in ordering tire defendant to disclose details regarding compound formula

Professional Negligence

• Failure to provide adequate assisted living plan
• Misrepresentation of loan terms by bank
• Negligent tooth extraction
• Failure to provide timely, appropriate emergency medical assistance at developmental center
• Negligent licensing of foster parents
• Attorney who allegedly misadvised non-clients can be liable for negligent misrepresentation
• Attorney owed no duty to prospective beneficiaries of client’s nonexecuted will

Railroads

• Failure to provide horn block, hearing protection where train horn blasts through repair shop

Schools

• Title IX does not preclude 42 U.S.C. § 1983 gender discrimination suits against schools
• School may be liable under Title IX for student-on-student sexual harassment

Toxic Torts

• Gas leak contaminates water

Utilities

• Failure to properly inspect electric lines where power pole brace for cross arm fails, causing fire

Workplace Safety

• “Intent to injure” standard applies for intentional injury exception to workers’ comp provision
• Failure to properly inspect electric lines where power pole brace for cross arm fails, causing fire

In this Issue

• Articles
• Court Documents