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Volume 50, No. 3
April 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 Federal government is not liable for injuries sustained when boat struck submerged wreck Unseaworthiness where cruise line failed to replace bent ladder or warn employees of danger back to top Attorneys Contingency fee agreement tied to alimony payments is invalid under state ethics rules Insurance agent’s statements about personal injury counsel are actionable as defamation per se back to top Automobile Accidents Failure to yield right-of-way, keep proper lookout Driving on wrong side of road Driving while intoxicated, failure to stay in correct lane Careless driving Failure to stop at warning signals at train crossing back to top Aviation Negligent flight of air ambulance in dangerous conditions Malicious prosecution, wrongful imprisonment where airline passenger arrested on basis of ethnicity back to top Civil Rights Excessive force where officer shoots civilian during surveillance Deprivation of property claim based on forfeiture without notice accrues at time of forfeiture back to top Commercial Litigation Licensee not required to terminate or breach agreement before seeking judgment that patent is invalid Copyright infringement, unfair business practices where bar exam review course uses MBE questions back to top Consumer Protection Plain meaning of term “average wholesale price” applies in litigation involving Medicare statute Lemon law violation where new car undergoes multiple unsuccessful repairs “Shrink-wrap” agreement is not part of original contract between vendor and purchaser back to top Damages Damages for pain and suffering before child’s death and during previous child abuse were not excessive back to top Employment Law Previous employment before five-year break counts toward FMLA “eligible employee” requirement FMLA violation where manager given poor evaluation after medical leave for cancer treatment Breach of fiduciary duty where investment plan puts money in company stock during restatements back to top Evidence Newspaper articles are admissible if party admissions, trustworthy statements, or recorded recollections back to top Family Law SGLIA beneficiary designation preempts state divorce decree divesting beneficiary of rights Percentage Act’s statute of limitations bars challenge to paternity in probate proceeding back to top Government Liability Unwarranted speed, failure to avoid collision where deputy’s cruiser strikes car in intersection Creation of dangerous condition, negligent maintenance of highway back to top Insurance Tender of policy limits after tort suit is filed does not preclude common law third-party bad faith claims Breach of contract where insurer offsets wind damage payment by money recovered from flood insurer back to top Intentional Torts Concealment of child’s whereabouts in violation of restraining order back to top Medical Negligence Failure to properly interpret CT scan Failure to refer patient for mammogram Improper VBAC Late diagnosis of Rocky Mountain spotted fever Untimely diagnosis of retinopathy of prematurity Negligent filling of chemotherapy prescription back to top Negligence Negligent handling of gun Improper feeding where baby dies after mother’s boyfriend feeds her by propping bottle with towel Negligent maintenance of fire back to top Practice & Procedure Debtor’s obligation to estate of her son is not discharged where she concealed abuse of child back to top Premises Water heater temperature set to unsafe level Failure to properly maintain stairwell Creation and maintenance of dangerous condition of ramp inside billiard hall back to top Products Liability Plaintiff may pursue failure to warn claim despite failure to read allegedly defective warning Negligent drilling of holes in side of conversion van Parent corporation may be liable for subsidiary’s product where parent held itself out as manufacturer Improper location of rear brake master cylinder on ATV, sale of tires not recommended for vehicle Federal law does not preempt failure to warn claim involving prescription skin medication Unreasonably dangerous infant car seat back to top Professional Negligence Sexual assault by cantor Improper placement of foster child with special needs Improper placement of foster child by state Failure to pay homeowners’ Hurricane Katrina claim Attorney who gave opinion in harassment matter may be liable for negligent misrepresentation Misread prescription by pharmacy back to top Railroads Failure to properly “stretch” train in violation of FELA back to top Schools Student’s § 1983 claims against dean who allegedly molested him are not barred by Title IX Negligent supervision of students during recess back to top Toxic Torts CERCLA violation where chemical company allegedly dumps hazardous materials into Lake Ontario back to top Utilities There are no cases in this issue. back to top Workplace Safety Failure to provide safety gear at high elevation Provision of unsafe ladder causes worker’s fall Possible off-shift status is material to whether injuries at work site arose out of, in course of employment back to top

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