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Volume 49, No. 1
February 2006

All Cases (text only)	Articles	Court Documents	Court Documents by Topic: • Dog Attacks • Admissibility of Scientific Evidence
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 Failure to maintain close distance between vessels back to top Attorneys No recovery under contingency fee agreement where attorney discharged with cause Fees in single matter under oral contract are not subject to longer limitations statute under state law back to top Automobile Accidents Failure to heed red light Children of uninsured motorists have full tort coverage under state law Driving while intoxicated where driver strikes pole, killing passenger Driving while intoxicated where car strikes motorcycle in intersection Speeding back to top Aviation Claims against airline resulting from crash of commuter plane belong in state court back to top Civil Rights Trial court erred in refusing to include oppressive conduct in jury instruction for punitive damages Parole agents’ failure to knock, announce themselves violated homeowner’s Fourth Amendment rights back to top Commercial Litigation Breach of contract, patent infringement where university allows commercial use of machine back to top Consumer Protection National Bank Act preempts state law regarding oversight of national banks’ operating subsidiaries Initial insurance policy rates are considered increased rates under FCRA back to top Damages Plaintiffs are not required to prove actual damages to recover liquidated damages under DPPA back to top Employment Law Title VII violations where African American employees not promoted Time spent walking between locker room and workstation is compensable under FLSA Refusal to fire unattractive salesperson is protected activity under state employment law back to top Evidence Plaintiffs’ expert evidence in Parlodel case was reliable back to top Family Law ERISA does not require plan administrators to recognize beneficiaries’ waivers of benefits back to top Government Liability Corporations are not “persons” eligible for immunity under the FTCA Excessive force where woman killed by police during riot back to top Insurance ERISA violations where long-term disability benefits terminated No state constitution violations where statute bars noneconomic damages for uninsured motorists back to top Intentional Torts Anti-Kickback Statute may form the basis of False Claims Act qui tam suit back to top Medical Negligence Improper treatment of postsurgical internal bleeding Failure to timely diagnose prostate cancer Negligent treatment of respiratory distress Late diagnosis of breast cancer Failure to timely diagnose child’s bowel obstruction Failure to diagnose postdelivery bleeding Improper intubation back to top Negligence Gas stations owe duty to persons on roadways when selling gas to obviously intoxicated drivers Negligent maintenance, repair of tire back to top Practice & Procedure Evidentiary hearing on receipt of e-mail notice of order was warranted back to top Premises Failure to correct dangerous condition of parking lot Negligent hiring, retention of security guard back to top Products Liability Insufficient roof strength on pickup truck Inadequate warning of dangers of reclining car seat Rented forklift was dangerous instrumentality even when not used on public road Successor liable for injury from predecessor’s product only where one of four exceptions applies Failure to install safety bolts in boom link Service of contaminated food Concealment of risks of Vioxx back to top Professional Negligence Service of process in case against Holy See insufficient for lack of statutory compliance Alleged sexual abuse by priests Improper supervision of foster home Misrepresentation of investment risk by insurance agents Negligent legal advice to business competitor Prosecutors have absolute immunity from damages claims despite underlying improper motive back to top Railroads Failure to inspect, maintain handhold back to top Schools Mother need not exhaust administrative remedies before filing suit for emotional distress Due process violations where school district fails to implement education plan for autistic student back to top Toxic Torts Successor landowners can be liable under Clean Water Act for ongoing discharge of pollutants Air pollution, nuisance where oil refinery pumps soot particles, bad odors into air back to top Utilities There are no cases in this issue. back to top Workplace Safety Improper safety measures at oil refinery Unsafe pipe configuration at gas well Failure to inspect scaffolding back to top

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