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Volume 50, No. 1
February 2007

All Cases (text only)	Articles	Court Documents
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 Failure to properly inspect, maintain vessel where oil rig worker falls down crew boat stairwell back to top Attorneys Attorney who practiced in state without bar admission may not be admitted to federal court pro hac vice back to top Automobile Accidents Failure to keep proper lookout Failure to yield right-of-way Failure to yield right-of-way Speeding, failure to maintain control of vehicle back to top Aviation Airline is not liable under Warsaw Convention for failing to warn of risk of deep vein thrombosis back to top Civil Rights Officers who handcuffed, pointed guns at unarmed child are not entitled to qualified immunity Interference with parental relationship where girl is taken from father’s custody without warrant Alien’s Fourth Amendment claims of excessive force, unlawful arrest may go forward against border guard back to top Commercial Litigation Breach of fiduciary duty, conspiracy where directors paid themselves excessive amounts Online fantasy baseball games do not violate major league players’ rights of publicity back to top Consumer Protection Trespass to chattels, deceptive trade practices where computer users unknowingly download spyware Art dealer’s statement about antique’s period of origin creates express warranty back to top Damages There are no cases in this issue. back to top Employment Law No “narrow restraint” exception to California rule that noncompete agreements are void Gender discrimination, harassment where female workers are subjected to abusive behavior back to top Evidence Employee injured at workplace may not sue employer for third-party spoliation of evidence back to top Family Law Wife who was abused by husband may receive all marital assets in divorce distribution back to top Government Liability Negligent issuance of permit to builder where biker in construction zone is thrown over barricade Failure to supervise swimmers, respond to emergency at county lake back to top Insurance Non-assignment clause in excess liability policy is void after loss Failure to pay covered occurrences back to top Intentional Torts Slander of title, fraud where homeowners’ association asserts unfounded liens on condo to thwart sale Doctor’s statements made in medical report prepared during lawsuit are entitled to absolute immunity back to top Medical Negligence Failure to timely diagnose breast cancer Improper handling of shoulder dystocia Dialysis center owed duty to drivers injured by patient shortly after she left treatment Failure to diagnose fungal infection Failure to properly treat choledochal cyst Negligent administration of interscalene block back to top Negligence Failure to have lookout, defective lack of audible warning on boom lift Improper attachment of tractors to gondolas using safety chains that sparked fire Professional association rule violation where bull rider speared with insufficiently blunted horn back to top Practice & Procedure RICO allows nationwide service of process where ends of justice require it back to top Premises Failure to properly maintain elevator’s interior handrails Failure to abate lead-based paint hazard in apartment back to top Products Liability Inadequate instructions on scissors lift Failure to recall defendant’s name, product did not shift burden to plaintiff to show causation fact question Lack of barrier guard, emergency stop switches on foundry turntable Defective design using unrecessed toggle power window switch in SUV Defective cruise control system Common law claims alleging injuries from diabetes drug Rezulin are not preempted back to top Professional Negligence Sexual abuse by priest Provision eliminating limitations statute for clergy abuse claims does not revive time-barred suits Negligent wisdom tooth extraction Failure to prevent molestation of minors living at group home Attorney is not liable to third-party beneficiaries for failing to make client’s will uncontestable Falsification of amount owed by alleged debtor Psychiatrist who performed independent medical examination for city is not liable to examinee back to top Railroads Safety Appliance Act strict liability where conductor falls when brake step gives way back to top Schools Charitable immunity law does not bar former student’s lawsuit against private boarding school Title IX does not preempt § 1983 suit for equal protection violations based on gender discrimination Creation of dangerous condition where student steps into uncovered manhole back to top Toxic Torts State coal-mining act violations, trespass where coal company contaminates property meant for pasture Company that voluntarily remediated contamination may recover cleanup costs under § 107 of CERCLA back to top Utilities There are no cases in this issue. back to top Workplace Safety Failure to perform inspection, engineering survey at excavating site where silo wall falls on worker Employee injured when coworkers restrained him during seizure is entitled to workers’ compensation back to top

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