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Volume 49, No. 8
October 2006

All Cases (text only)	Articles	Court Documents	Court Documents by Topic: • Dog Attacks
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 Unseaworthiness where deckhand tries to lift manhole cover blanketed with wet sand Failure to maintain safe workplace where deckhand falls into water back to top Attorneys Attorney may not collect contingency fee where client turned down settlement offer and lost case pro se Attorney who represented his child in IDEA litigation may not collect attorney fees under act Attorney’s statement that he has been “published” in Federal Reporters is inherently misleading back to top Automobile Accidents Failure to keep proper lookout where pedestrian struck by van Failure to keep proper lookout where motorcycle struck by turning car Failure to keep proper lookout where truck driver rear-ends vehicle Failure to stop at red light Speeding, negligent hiring and retention back to top Aviation Court must determine whether claim for failing to advise of visa need is within scope of convention Failure to properly direct air traffic to avoid collision back to top Civil Rights Section 1983 suit may proceed because of officials’ conduct, plaintiff’s loss of administrative remedies Fair Housing Act violations where property owner discriminates against Latinos, African Americans back to top Commercial Litigation Unfair trade practices where company interferes with competitor’s business back to top Consumer Protection Refinancing loan does not cut off borrowers’ right to rescind under TILA TILA violations where credit card holders were charged undisclosed fee for currency conversion Borrowers may rescind transaction even after loan has been refinanced, lender’s security interest released back to top Damages Client could recover accrued interest charged by IRS for unpaid taxes in suit against accountant back to top Employment Law Minimum wage law violations where technicians were not paid for required drive time Gender discrimination where female employee was fired on pretext back to top Evidence There are no cases in this issue. back to top Family Law Noncustodial parent need not contribute to child’s college loans where request made after graduation back to top Government Liability Failure to properly confine police dog, report prior attack Failure to pay proper value for condemning small business State-sponsored terrorism where suicide bomber attacks U.S. embassy back to top Insurance Breach of contract, fraud where insurer denies death benefit back to top Intentional Torts Malicious prosecution of store manager who was charged with felony theft back to top Medical Negligence Failure to timely diagnose coronary artery disease Failure to diagnose depression Improper LASIK surgery Negligent handling of shoulder dystocia Improper administration of anesthesia Performance of unnecessary hysterectomy Failure to timely diagnose skull fracture back to top Negligence Failure to secure scaffold on skyscraper Off-duty police officer lets intoxicated bar patron drive back to top Practice & Procedure Trial court properly denied drug company’s request for venue change based on pretrial publicity Plaintiffs’ amended complaint against foreign manufacturer was timely back to top Premises Dangerous condition where customer slips on water Landlord may be liable for nuisance created by tenant Homeowners may be liable for failing to warn social guest of trampoline hazard Golf course owner owes duty to patrons not to increase inherent risk of sport back to top Products Liability Failure to timely warn of dangers of asbestos Tire formula and ingredients are not trade secrets and are discoverable Sale of defective snow ski Learned intermediary doctrine does not bar failure to warn claim against manufacturer of HRT drugs Improper marketing, inadequate dosing information for Baycol Sanctions against automaker were proper where defendant engaged in pattern of discovery abuse back to top Professional Negligence Misrepresentation of adopted children’s background Failure to remove violent resident from assisted living facility Untimely diagnosis of malignancy in jaw Failure to submit proper jury charge Psychiatrist may be liable for failing to warn patient’s girlfriend he intended to hurt her Psychiatrist is not statutorily immune from liability for his alleged abandonment of suicidal patient back to top Railroads Failure to provide safe workplace where workers were exposed to asbestos back to top Schools Students’ petition protesting offensive coach is protected under First Amendment Teachers’ duty to warn of suicidal tendencies is triggered only when students display clear intent Failure to properly illuminate, monitor staircase where student was beaten to death back to top Toxic Torts Mishandling of radioactive materials Labor organization has associational standing to sue development companies for pollution back to top Utilities Failure to properly repair gas line where leak causes explosion that destroys home back to top Workplace Safety Willful, wanton misconduct where tank ruptures at coal-fired power plant Negligent crane operation at construction site back to top

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