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Volume 50, No. 10
December 2007

All Cases (text only)	Articles	Court Documents	Court Documents by Topic: • Consumer Protection-FDCPA Cases • Breast Cancer Litigation
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 Negligent operation of boat where woman injured in rough waves In limitation act proceeding, proper stipulations allow claimants to try liability issues in state court back to top Attorneys Opinion work product is free from fraud exception where attorney is unaware of client misconduct Failure to make timely IRS claim to obtain seized fees bars suit under sovereign immunity back to top Automobile Accidents Negligent entrustment (first case, second case) Failure to observe road, control car Driver has duty to passengers to prevent foreseeable harmful conduct Improper lookout back to top Aviation This issue does not contain any aviation cases. back to top Civil Rights Claim of racial discrimination survives summary judgment under indirect burden-shifting test Forfeiture proceedings are actions at law, entitling party to jury trial back to top Commercial Litigation Vertical minimum resale price fixing should be evaluated using rule of reason Antitrust violations, monopoly of market where casino gaming company sues rival to reduce competition back to top Consumer Protection Arbitration clause in form contract with take-it-or-leave-it provision is unconscionable Claims may proceed where manufacturer fails to disclose alleged defect to consumers back to top Damages Federally chartered credit unions are not immune from punitive damages awards back to top Employment Law ERISA violations where company reported false revenues to employee investors Disability discrimination, failure to accommodate where correction officer terminated after injury Equal Pay Act, Title VII violations where Hispanic, female employees paid less back to top Evidence Causation not established where expert testimony was not sufficiently reliable back to top Family Law Indirect contributions may entitle noninheriting spouse to portion of inherited property back to top Government Liability Feres doctrine does not bar FTCA suit by off-duty marine injured on base County may be sued over damaged stop sign back to top Insurance Workplace injury suit not precluded by “completed operations” exclusion in insurance contract Bad faith where automobile insurer refuses to settle lawsuits after accident back to top Intentional Torts Defamation where church accuses parishioner who fell during spiritual rally of insurance fraud back to top Medical Negligence Failure to provide medical care to inmate Improper treatment of finger fracture Failure to properly treat heart attack patient Untimely diagnosis of breast cancer Failure to diagnose mononucleosis Late diagnosis of benign brain tumor Negligent suturing after removal of ovarian cyst back to top Negligence Passengers in car that hit motorcycle had duty to seek emergency aid for injured motorcyclist Battery, negligent infliction of emotional distress where store security guard attacks, detains patron Salon customer burned by highlights solution Leash law violation where unleashed dog approaches woman, causing her to fall back to top Practice & Procedure Parties who could not make filing due to court computer malfunction are deemed to have filed back to top Premises Dangerous condition where man slips on ice in parking lot Failure to perform background check where woman allegedly raped in apartment by maintenance man Failure to place runners, warning signs about water in movie theater causes woman to slip, fall back to top Products Liability Defective design of ankle-locking device Defective design of valve, alarm device in firefighters’ breathing masks Failure to adequately warn of drugs’ cancer risks Federal law does not preempt deceptive trade claims over “light” cigarettes Insufficient sunroof frame strength, defective seatbelt in SUV Manufacturing defect in motorcycle tire Plaintiffs’ discovery requests for information from manufacturer were not overly broad Proof of defect by preponderance of evidence sufficient to rebut nondefectiveness presumption back to top Professional Negligence Sexual abuse of parochial school student Sexual abuse by priests Law firm claim that included FDCPA notice as part of summons and complaint did not violate statute Understaffing, negligent care in nursing home Unlicensed nursing home not protected by medical negligence law’s notice provisions Failure to precertify psychological treatment of patient who attempted suicide back to top Railroads FELA violations where truck boom strikes carman in head back to top Schools Deliberate indifference to need for oversight of football recruitment may be Title IX violation back to top Toxic Torts State law recognizes medical monitoring claim back to top Utilities There are no cases in this issue. back to top Workplace Safety State workers’ compensation insurer is “person” under § 1983 and is thus not entitled to immunity Negligent operation of bulldozer where worker is trapped between bulldozer, rig Negligent inspection, maintenance where worker injured when tractor-trailer brakes fail back to top

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