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Volume 47, No. 9
November 2004

All Cases (text only)	Articles	Court Document Sets	Court Document Sets by Topic: • Race Discrimination • Admissibility of Scientific Evidence
Spotlight	Updates	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 Dangerous condition of galley floor back to top Attorneys Attorney may sue to enjoin enforcement of disciplinary rule as unconstitutionally vague Attorney violates ADA by not providing hearing- impaired client with interpreter back to top Automobile Accidents Wantonness in making an abrupt U-turn Failure to keep proper lookout Failure to slow down while turning Negligent stopping on ramp Failure to stop at red light back to top Aviation Passenger may sue for slander where airline employee accused her of injuring him back to top Civil Rights Constitutional challenge to paperless voting machines may go forward Company has racial identity for § 1981 discrimination purposes back to top Commercial Litigation Statute of limitations defense against contractor’s RICO, § 1983 claims barred where defendant hid fraud Station owners can sue oil companies that formed joint venture and charged uniform prices back to top Consumer Protection Bankruptcy debtors may retain vehicles by keeping current on loan payments Fraud where seller did not disclose home’s foundation damage during negotiations back to top Damages Parent may recover loss of consortium damages for loss of adult child Auto insurer not entitled to offset for medical expenses paid pursuant to worker’s pension back to top Employment Law Title VII violations where women not paid or promoted same as men Discrimination against transsexual employees is gender discrimination under Title VII Malice, fraud where technician fired after former employer interfered with job back to top Evidence Expert testimony that domestic abuse victims often later minimize assailant’s conduct is admissible Court erred in refusing to consider plaintiff’s rebuttal expert report back to top Family Law Premarital spousal support waiver not enforceable against disabled spouse if unconscionable State presumptive father statute may be used to give former same-sex partner parental rights back to top Government Liability Violation of airport procedures Unsafe road shoulder drop-off back to top Insurance Homeowners’ insurance policy covers party held in warehouse Breach of contract, good faith in mold damage claim back to top Intentional Torts Negligent hiring of truck driver False imprisonment, racial discrimination back to top Medical Negligence Failure to diagnose coronary artery disease Excessive dose of Gentamicin Improper holding of surgical instrument Failure to administer antibiotics during labor Negligent performance of breast implant surgery Independent medical examiners have limited duty to exercise professional care toward examinees Negligent hysterectomy Contract physician who read pre-employment X-ray could be liable to job applicant for negligence back to top Negligence Failure to inspect, replace tires Dram shop law violations Service of alcohol to intoxicated minor Intentional misrepresentation where parents did not tell son’s girlfriend he had HIV back to top Practice & Procedure Sanctions appropriate against company that destroyed e-mails in violation of “litigation hold” Lack of attorney’s signature on complaint did not render complaint invalid back to top Premises Negligent maintenance where man slipped on sidewalk Negligence in allowing dangerous condition at car dealership Negligent inspection, renting of unsafe premises back to top Products Liability Insufficient roof strength on SUV Defendants must show compliance with FDA regulations to use Vaccine Act’s presumption of proper warnings Defective polybutylene piping in mobile home Court erred in admitting defense expert’s testimony where substance not disclosed during discovery Kentucky high court adopts learned intermediary doctrine Unreasonably dangerous skin lightener product back to top Professional Negligence Failure to prevent pressure sores Implantation of wrong embryos Negligent hiring, supervision, and training of priests Limitations period on client’s negligence suit not tolled while client’s new counsel seeks to mitigate damages Failure to properly assess, treat ulcer Negligent compounding of medicine back to top Railroads Failure to provide safe workplace back to top Schools Failure to use safety mats, provide proper supervision at cheerleading practice Parents of girl who was sexually abused may sue school board for failure to report prior abuse allegations back to top Toxic Torts Intent-to-sue letter without violation dates is adequate under Clean Water Act back to top Utilities There are no cases in this issue. back to top Workplace Safety Spouse can get benefits when employee died in surgery required before one for work-related injury Failure to warn about manhole OSHA violations Negligent handling of plywood sheet back to top

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