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Volume 49, No. 3
April 2006

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 Cruise ship owner may be liable for negligent medical treatment provided by shipboard physician back to top Attorneys Bankruptcy code amendments do not govern attorney conduct Attorney who failed to pay his dues may not be retroactively reinstated to bar Rule requiring confidentiality of grievance filed against attorneys is unconstitutional back to top Automobile Accidents Speeding Failure to stop at intersection Improper lookout Failure to give proper jury instruction on standard of care is reversible error back to top Aviation Flight school can be liable for negligent entrustment for renting plane to incompetent pilot back to top Civil Rights Casino, employee held liable for unlawful arrest of woman who gambled with abandoned token First Amendment violation where mayor prevented candidate from campaigning at local festival back to top Commercial Litigation Arbitration clause providing that judgment on award is nonappealable is enforceable Trial court erred in using simultaneous comparison of products to discern trademark confusion back to top Consumer Protection FCRA preempts tougher California law regulating sharing and release of consumer information Plaintiffs claiming Sherman Act violations are not required to allege “plus factors” to support claims Restitution to consumers who bought products that violate FDCA is allowable remedy back to top Damages Punitive damages are not recoverable from deceased tortfeasor’s estate back to top Employment Law Sexual harassment, battery where executives make sexual advances toward female banker Discrimination against employee terminated while on medical leave Sexual discrimination where manager demoted after becoming pregnant back to top Evidence Plaintiff’s expert and lay opinion testimony properly excluded in breach of warranty action back to top Family Law Professional goodwill includes only businesses that have assets, not persons doing business Adopted children may be “issue” of biological parents under anti-lapse law if they are named in will Woman who bore children using donated eggs is legal mother in action against biological father back to top Government Liability Claims arising from stuttering study conducted in 1930s accrued when cause of injury discovered back to top Insurance Bad faith, breach of fiduciary duty where insurer refuses to settle medical negligence claim Bad faith where automobile insurer refuses to settle claims back to top Intentional Torts False Claims Act violations back to top Medical Negligence Late diagnosis of malignant rhabdomyosarcoma Negligent laparoscopic cholecystectomy Failure to refer patient for timely fetal reduction Failure to perform timely cesarean section Continuous treatment exception does not toll repose statute for medical negligence claims Untimely diagnosis of post-bariatric surgery leak Negligent performance of cervical discogram back to top Negligence Failure to remove assailant from bus Snowtubing resort’s liability exculpatory clause is unenforceable as against public policy back to top Practice & Procedure Defendant need not disprove existence of possible nondiverse subsidiary back to top Premises Creation of dangerous condition where security guard slips on black ice Exception to code requirement does not exempt landlords from duty to provide safe premises back to top Products Liability Defective design of lawn mower permitting rider to back up with blades engaged Lack of tether anchor to secure child safety seat Lack of nylon cap ply, adequate belt edge wedge on minivan’s tire Excessively sharp edges on air conditioner unit Defective hydraulic system, uncrashworthy fuel tank in helicopter Top-heavy design of seminar table Joinder of dealership was not fraudulent where dealer could be sued for failure to warn of SUV’s dangers back to top Professional Negligence Free Exercise Clause did not preclude exercise of subject matter jurisdiction in clergy abuse claim Adverse witness in divorce case cannot be liable for tortious interference with parental relationship Assignment of legal negligence claim to subsequent holder of mortgage loan is not prohibited Breach of fiduciary duty where attorney concealed material facts regarding loan Nursing home resident’s estate could submit concurrent personal injury, wrongful death claims Psychologist performing independent medical examination owed limited duty to plaintiff back to top Railroads FELA violations, unsafe work environment where car man develops pulmonary fibrosis back to top Schools ADA, Civil Rights Act violations where student dismissed after filing complaints School district did not violate constitutional rights in administering mandatory behavioral survey back to top Toxic Torts Environmental remediation firm that failed to correct oil spill is liable for damages back to top Utilities Defective equipment allows gas leak that causes gas explosion, killing children in home back to top Workplace Safety Failure to set brakes, chock wheels on forklift Failure to secure metal grate Law requiring social security number to get workers’ compensation benefits violates federal Privacy Act back to top

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