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Volume 50, No. 7
September 2007

All Cases (text only)	Articles	Court Documents	Court Documents by Topic: • Dog Attacks
Spotlight	Updates	Injury Collections Abstract Sets
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 Jones Act violations where man struck by spud cable during respooling aboard barge back to top Attorneys Law firms’ objectively unreasonable behavior and failure to disclose warrant sanctions Fraud, theft of services where company refuses to pay officer’s defense attorney fees back to top Automobile Accidents Vicarious liability for driver’s grossly negligent conduct Improper turn Negligent operation of vehicle Negligent allowance of “skitching” Failure to obey stop sign back to top Aviation Failure to provide adequate medical care for passenger suffering DVT-induced stroke back to top Civil Rights City’s policy concerning use of dogs in arresting or apprehending suspects is lawful back to top Commercial Litigation Courts must consider whether persons of ordinary skill in area would find patent obvious Trademark infringement where car dealership used similar name, logo as nearby dealership back to top Consumer Protection Mortgage holder’s false negative credit reporting damages homeowners’ credit scores RICO does not require that associated-in-fact enterprise have ascertainable organizational structure back to top Damages Agency that withheld information about adopted child’s family history is not liable for punitive damages back to top Employment Law Prison officers sexually harassed female officer by allegedly spreading false rumors Racial discrimination where African American firefighter subjected to racial jokes, transfers Sex discrimination where officials fail to discipline inmates harassing prison nurses Parole board director demoted after reporting that parolee was being given special treatment back to top Evidence Courts may consider whether expert’s opinion was prepared for litigation when determining reliability Court erred in denying litigious plaintiff new trial where jury ignored uncontradicted evidence back to top Family Law State Equal Rights Amendment permits women to challenge inclusion of name on birth certificate back to top Government Liability There are no cases in this issue. back to top Insurance Breach of contract, covenant of good faith where insurer refused to pay for stolen pickup truck Suit against insurers may proceed even though insured failed to give timely notice of claim back to top Intentional Torts Trespass, abuse of process where rental property evicted military member serving in Iraq back to top Medical Negligence Failure to refer burn patient to specialist Negligent handling of fetal distress Failure to properly treat brain infection Plaintiff may discover what privileges hospital granted to physician but not peer-review committee records Hospital physician is not good samaritan immune from suit arising out of emergency surgery Sexual assault of patient by nurse back to top Negligence Elevator service company failed to keep proper service records of elevator with leveling problem Negligent hiring, retention of bouncer who allegedly beat up bar patron Failure to supervise, correct dangerous situation where inmate killed by other inmates Failure to maintain roadway, clear standing water where woman trapped in truck drowns back to top Practice & Procedure Videotape created at behest of defendant’s insurer was not protected work product back to top Premises Passenger thrown from motorcycle after flooding in road caused by hotel pumping pool water Improper placement of slip-resistant mats on wet tiles outside gas station back to top Products Liability Expert testimony on stickball bat defect created fact issue defeating summary judgment Federal law does not preempt inadequate warning claim against generic drug manufacturer Dangerously long cord on electric wok Beryllium exposure plaintiffs may not recover for subclinical damage Failure to warn of dangers posed by equipment’s asbestos insulation Vaccine Act claimant need not eliminate alternative causes of injury back to top Professional Negligence Rape of minors by youth minister Alleged sexual molestation by priests Failure to diagnose molar abscess Failure to inform insured of major policy change Misrepresentation to client regarding viability of defamation case Death certificate is not conclusive proof of facts surrounding person’s death back to top Railroads Failure to conduct ergonomic analysis of worksite back to top Schools University could be liable for constitutional violations arising out of coach’s inappropriate comments back to top Toxic Torts There are no cases in this issue. back to top Utilities Failure to screen canal pipe’s inlet where child drowns in irrigation canal back to top Workplace Safety Failure to have falling object protection structure on mining vehicle Reckless failure to fix guard system on paper mill’s pulp pit Failure to provide layout information about power lines, trees where cable installer strikes power line back to top

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