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Volume 48, No. 2
March 2005

All Cases (text only)	Articles	Court Documents	Court Documents by Topic: • Dog Attacks
Spotlight	Updates	Abstract Sets Injury Collections
Recent Cases: Admiralty \| Attorneys \| Automobile Accidents \| Aviation \| Civil Rights \| Commercial Litigation Consumer Protection \| Damages \| Employment Law \| Evidence \| Family Law Government Liability \| Insurance \| Intentional Torts \| Medical Negligence \| Negligence Practice & Procedure \| Premises \| Products Liability \| Professional Negligence Railroads \| Schools \| Toxic Torts \| Utilities \| Workplace Safety
Admiralty State ports authority is not arm of state benefiting from immunity back to top Attorneys Alleged father lacked standing to disqualify mother’s attorney in paternity proceeding back to top 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 back to top Aviation Negligent maintenance, repair where improper cabin pressure causes hearing loss back to top 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 back to top Commercial Litigation Patent infringement where technology companies use joystick technology Fraud, negligent misrepresentation where couple invests in misrepresented company back to top 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 back to top 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 back to top 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 back to top Evidence Expert testimony based on accident reconstruction software was admissible Court erred in failing to admit evidence on cost, features of annuity back to top Family Law Automatic removal of children who witnessed domestic abuse is improper Supplemental security income benefits are not income for child support purposes back to top Government Liability City bus strikes bicyclist Negligent maintenance, inspection of sidewalk back to top Insurance Breach of contract, bad faith where chronic fatigue syndrome not recognized as disability Failure to pay underinsured motorist claim back to top Intentional Torts Battery, racial discrimination where man punched by union representative Wrongful death where man shot by intruder back to top 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 back to top Negligence Dram shop violations Negligent rollerblading with dog on leash Negligent hiring and retention claims may proceed against agency where janitor assaulted student back to top 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 back to top Premises 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 back to top 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 back to top 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 entity Failure to provide proper medical care Misfilled antibiotic prescription Improper training, supervision of respite workers back to top Railroads Failure to timely blow whistle where car hit by train FELA violations where worker injured while mounting moving train back to top Schools Students with autism may sue school under ADA for shortening school day for budgetary reasons Negligent safety measures where student falls during play rehearsal back to top Toxic Torts There are no cases in this issue. back to top Utilities Negligent maintenance of pole Negligent inspection and filling of propane tank back to top Workplace Safety Unsafe workplace where worker encounters hydrogen sulfide Failure to inspect, maintain pipes Status of immigrant injured on job does not bar claim for lost wages OSHA violations back to top

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