Spotlight

• Suit by patient whose heart was burned by surgical device malfunction exposes company’s deceit

Recent Cases

Attorneys

• Partners have duty to account to former partner absent written agreement addressing issue
• Amendment to law requiring disbarred lawyers to pay cost of disbarrment may be applied retroactively

Automobile Accidents

• Truck runs over bicyclist
• Failure to heed stop sign
• Failure to safely apply brakes
• Driving while talking on cell phone

Aviation

• Government may be liable under FTCA for failure to warn pilots of turbulent weather

Civil Rights

• Police officer who prolonged an investigative detention is not entitled to qualified immunity

Commercial Litigation

• Public policy does not prohibit limitation-of-liability provisions in professional service contracts
• Noncompete agreement signed after employee is hired is unenforceable for lack of consideration

Consumer Protection

• State no-call list act applies to residential subscriber who also uses home phone for business purposes
• TCPA violations where car dealership sends unsolicited faxes

Damages

• Wedding venue that canceled wedding is liable for emotional distress damages
• Identity theft victim may recover full verdict against credit reporting agency despite other settlements

Employment Law

• FMLA violations, retaliation where mortgage firm fires ill employee
• Hostile workplace where training center administrator makes derogatory remarks to female employees
• Discrimination, AWPA violations where crop growers terminate, refuse to hire U.S. workers

Evidence

• Defendants in premises liability suit may present evidence of subsequent negligence by plaintiff's doctors

Family Law

• Sperm donor is not required to pay child support where mother agreed to treat him as anonymous

Government Liability

• Discretionary function exception may not apply in premises suit against National Park Service

Insurance

• Breach of contract, consumer protection violations where car insurer reduces medical payments
• Negligence where laborer’s employer puts him in non-union long-term disability plan, insurer rescinds

Intentional Torts

• Man forced by Nazis to sell artwork may recover painting from heir of man who bought it
• Intentional infliction of emotional distress where disk jockeys ridicule woman with burn scars

Medical Negligence

• Failure to perform timely colonoscopies
• Hospital may be liable to family of woman killed by former husband after discharge from facility
• Failure to timely diagnose pacemaker defect
• Late diagnosis of cardiac symptoms
• Failure to rule out stroke
• Improper handling of hypoglycemia

Negligence

• Inadequate observation where car dealership employee runs over customer’s foot
• Failure to leash where dog bites toddler on beach
• Dealership release for motorcycle test drive did not release dealership from its own negligence

Practice & Procedure

• Personal jurisdiction exists over out-of-state defendant that did continuous business with in-state lawyer
• State allows litigant required to undergo physical examination to videotape it

Premises

• Failure to protect where bar patron was attacked, beaten with pool cue by other patrons
• Store may be vicariously liable for intentional torts of security guard employed by outside contractor

Products Liability

• Inadequate warning of drugs’ risks
• Defective seat belt in SUV
• Federal law does not preempt smokers’ “light” cigarette fraudulent misrepresentation claims
• Defective design of rear middle seat in passenger car
• Georgia high court rejects constitutional challenges to state’s tort reform act
• Insufficient seat cushion frame strength in passenger car

Professional Negligence

• Plaintiff’s sexual abuse claim is not time-barred under retroactive limitations
• Failure to apply fentanyl patch
• Improper care of nursing home resident
• Failure to provide aggressive wound treatment
• Failure to timely refer patient to ophthalmologist
• Learned intermediary doctrine precludes hospital’s liability for misprescription

Railroads

• Failure to provide safe workplace where conductor between railroad runs falls on motel walkway
• Amtrak passenger’s other claims may proceed, but state fraud claims are preempted by federal law

Schools

• Denial of right to education where student’s reports of sexual abuse by teachers
• Assumption of risk inapplicable where softball coach hits student in face with bat during demonstration

Toxic Torts

• Significantly increased risk of cancer, other diseases where zinc smelter plant dumps waste

Utilities

• Tennessee Valley Authority is not immune from common law nuisance suit

Workplace Safety

• ERISA does not preempt employee’s state law unsafe workplace claims
• OSHA violations where truck driver falls off unsecured ladder at loading dock
• Inadequate management, equipment, safety measures where explosion occurs at BP oil refinery

In this Issue

• Articles
• Updates
• Court Documents