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Volume 47, No. 10
December 2004

All Cases (text only)	Articles	Court Documents	Court Documents by Topic: • Snow Skiing • Dog Attacks • Workplace Disability Discrimination
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 There are no cases in this issue. back to top Attorneys Attorneys need not get corporate counsel’s permission to contact directors when their counsel gave consent back to top Automobile Accidents Failure to obey traffic signal Failure to keep proper lookout Driving under the influence Failure to stop at a red light Unsafe driving for weather conditions Negligent passing back to top Aviation Fact issue exists where airline agents may have taken bag away from passenger without issuing bag check back to top Civil Rights Sex offender registration requirement is not punishment for constitutional purposes Private group that organized rodeo at publicly owned facility must comply with ADA Attorney may sue judicial committee for excluding him from court-appointed counsel pool based on race back to top Commercial Litigation Copyright Act does not preempt state breach of implied contract claim Business has standing to sue competitor under RICO for mail and wire fraud violations back to top Consumer Protection Clause requiring only customer, not service provider, to arbitrate is unconscionable Breach of warranty, silent fraud where home incurs water damage back to top Damages Workers’ compensation claimant may recover wages lost by spouse while transporting claimant to treatment back to top Employment Law Title VII violations where policeman was repeatedly suspended Civil rights violations where supervisors discriminated against minority employees back to top Evidence Defense counsel’s disclosure of prior settlement in opening statement required new trial Plaintiff’s fire investigation expert was sufficiently qualified, reliable in his methods under Daubert back to top Family Law Ex-spouse entitled to indemnification for disability benefit deductions from military spouse’s pension Spouse not entitled to alimony after paying spouse dies back to top Government Liability Fire truck driver not immune from liability for injuries to motorist while responding to non-urgent cal Boy may sue city where unused firework he found at public park later injured him back to top Insurance Class certification is proper in physicians’ RICO suit against various HMOs Breach of contract, good faith where insurer delays mold claim payment back to top Intentional Torts Conspiracy to kill by stabbing False Claims Act, Stark law violations back to top Medical Negligence Failure to timely diagnose pancreatic cancer Failure to timely perform left hemicolectomy Failure to perform timely cesarean section Administration of interscalene block against patient’s wishes Improper sodium infusion Negligent laparoscopy Failure to diagnose herpes encephalitis Failure to timely diagnose sepsis back to top Negligence Strict liability, negligent control of known danger where man attacked by dog Failure to eliminate hazardous condition on ski slope Failure to train, supervise employee Negligent placement of hydraulic hose during engine repair back to top Practice & Procedure Wrongful death claim may not be assigned to one joint tortfeasor to be asserted against another back to top Premises Hazardous condition where man falls down stairs at car service center Dangerous condition where woman trips over carpet roll in store Failure to test thermostat where man burned by hot tap water back to top Products Liability Defective EBC-4 antilock brake system in sport-utility vehicle Proof of asbestos-related condition, breathlessness that impairs everyday activities enough to establish claim Proof that car’s design required lap-shoulder restraint precluded summary judgment based on preemption Seller could be liable under apparent manufacturer doctrine despite advising lab of true manufacturer Top-heavy design of medical supply cart Repose statute governing real estate improvements did not apply to swimming pool kit manufacturer back to top Professional Negligence Conversion, fraud, and breach of fiduciary duty Failure to timely diagnose squamous cell carcinoma Desecration of remains Breach of fiduciary duties Retainer agreement mandating arbitration of fee disagreements did not cover legal negligence dispute Negligent insertion of feeding tube Infant mistakenly given Glipizide Agency’s statutory duty to investigate child abuse report created civil duty toward child identified in report back to top Railroads FELA violations where worker forced to use insufficient equipment back to top Schools Random, suspicionless searches of students and their belongings are unconstitutional Failure to properly store folding cafeteria table that fell on child back to top Toxic Torts Trespass, negligence, and nuisance where gasoline pipeline leaked MTBE into creek, lake Negligent operation of pesticides and agricultural chemicals plant back to top Utilities Negligent grounding of switch bracket back to top Workplace Safety In-home nurse may get benefits for injuries from accident while en route to client’s home Failure to prevent hands-in-die operation, conduct daily inspections of press components Failure to follow safety plan at construction site Negligent operation of crane back to top

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