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Volume 49, No. 2
March 2006

All Cases (text only)	Articles	Court Documents	Court Documents by Topic: • Dog Attacks • Snow Skiing • Construction Site Injury
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 Improper use of rotten dunnage to separate O-rings back to top Attorneys Insurer lacks standing to sue attorney hired to defend insured where conflict of interest exists Goodwill inclusion in accounting of departing lawyer’s partnership interest is question of fact for jury back to top Automobile Accidents Passenger may be liable to person injured as a result of driver’s reliance on passenger’s advice Driver’s misrepresentation of identity after collision can toll limitations statute in personal injury action Failure to yield right of way Parents who supplied adult son with money to purchase car may be liable for negligent entrustment Following too closely in construction zone back to top Aviation Passengers are entitled to damages for loss of luggage where airline did not adhere to treaty provisions United States has jurisdiction over foreign airline company and insurer in crash litigation back to top Civil Rights Claims brought by Muslim detainees after September 11 against law enforcement officers can go forward back to top Commercial Litigation Summary judgment was improper in copyright case where question of music’s originality exists Infringement of patented BlackBerry system claim is valid even if one component is outside United States back to top Consumer Protection Unsolicited text messages sent to cell phones violate Telephone Consumer Protection Act Mortgage insurer may not compel arbitration where it was not a signatory to arbitration agreement back to top Damages Alaska trial court affirms holding that cap on noneconomic damages violates constitution back to top Employment Law Hostile work environment, gender-based harassment where coworkers tamper with female driver’s truck Constructive discharge for homosexual radio executive who was outed on air Gender discrimination where female sales manager replaced by male manager back to top Evidence Court improperly excluded alternative design evidence back to top Family Law Prohibition of same-sex marriage does not bar public employers from granting domestic partner benefits back to top Government Liability Speeding, violations of transit authority’s policy where bus strikes truck backing out of driveway County may be liable for deaths in landfill where it failed to follow state regulations governing security back to top Insurance Insurer may deduct legal malpractice settlement from insured’s underinsured motorist benefits Trial court did not err in holding insurer acted in bad faith in denying coverage back to top Intentional Torts Minister’s invasion of privacy claim may proceed against former church that revoked his ordination back to top Medical Negligence Late diagnosis of leakage after gastric bypass surgery Improper handling of shoulder dystocia PA’s failure to timely diagnose heart attack Failure to timely diagnose diaphragmatic hernia Improper discharge of patient with asthma Excessive use of Pitocin Failure to timely diagnose chicken pox back to top Negligence Failure to monitor temperature of hot wax during pedicure Failure to follow mother’s instructions not to place child in swing back to top Practice & Procedure “Process” in abuse of process claim includes wide range of litigation procedures back to top Premises New Jersey applies limited duty rule only to stands of sports stadiums Resort management company owes duty to guest injured by tenant on adjacent public beach Failure to provide safe environment for bank ATM customers back to top Products Liability New trial warranted in SUV case where jury returned inconsistent verdict Lack of seat belts, safety glass on bus Defendants sued under different tort theories may be jointly and severally liable Lack of LP gas detector on recreational vehicle Defective design of heating pack Failure to warn of fumes from welding rods Faulty securing mechanism on work platform back to top Professional Negligence Improper design of housing project’s drainage system Failure by diocese to warn community about former priest who was sexual predator Failure to timely file lawsuit Inadequate monitoring of nursing home resident with schizophrenia Failure to properly assist skilled nursing facility resident Failure to prevent teenage patient’s suicide Improper supervision of securities broker back to top Railroads Failure to properly maintain, repair switches back to top Schools Party seeking relief bears burden of persuasion in administrative hearings alleging IDEA violations Negligent maintenance of playground equipment back to top Toxic Torts Toxic mold growth caused by construction defects Suit against chemical company for pollution of river, surrounding land meets criteria for class action back to top Utilities Negligent maintenance, inspection of power lines back to top Workplace Safety Failure to maintain safe workplace where steel beam falls on worker Negligent operation of forklift at packing plant back to top

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