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Volume 50, No. 5
June 2007

All Cases (text only)	Articles	Court Documents	Court Documents by Topic: • Dog Attacks • Consumer Protection-FDCPA Cases • Breast Cancer Litigation
Spotlight	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 Breach of contract where cruise workers were not paid for overtime work back to top Attorneys Guardians ad litem may be compensated only for time spent working for benefit of children Drafting collective-bargaining agreements and employment contracts constitutes practice of law back to top Automobile Accidents Failure to stop at stop sign Negligent failure to maintain lane Failure to stop, avoid collision Employer liability where delivery truck drove on wrong side of road back to top Aviation Passengers claiming emotional distress must show that distress was more than temporary or speculative back to top Civil Rights Failure to investigate claims of sexual abuse of residents at state-run youth detention center back to top Commercial Litigation False advertising, unfair competition where competing company advertised product as superior University that initiated, participated in patent interference proceeding waived immunity Claim that parent company intentionally interfered with subsidiary’s contract may proceed back to top Consumer Protection Lemon law violations where new minivan undergoes multiple unsuccessful repairs for steering problem back to top Damages City may not limit damages for ferry crash where its negligence in not enforcing rules caused collision back to top Employment Law Discrimination, consent decree violations where county hired, retained employees who help party’s candidates USERRA puts burden on employer to show that reason for alleged discrimination was not pretext ERISA violations where NFL retirement plan refuses to pay disability to former football player back to top Evidence Sanctions were not warranted where spoliation not intentional, resulting prejudice minimal Reasoning to best inference was reliable testimony where it was based on scientifically valid principles Collateral source rule does not bar evidence of amount accepted as full payment of medical bill back to top Family Law Personal injury solo practitioner may not reduce child support payments after decrease in income back to top Government Liability Inverse condemnation where city transit board installs trolley track between business and street back to top Insurance Bad faith where insurer protracts litigation to avoid paying uninsured motorist coverage Negligent infliction of emotional distress claim constitutes bodily injury under UIM policy back to top Intentional Torts Intentional infliction of emotional distress where family members murdered over motel right-of-way Relators need not prove presentment of false claim to government to establish FCA violations back to top Medical Negligence Denying wrongful birth action to Maryland residents by applying North Carolina law would be improper Negligent performance of untested procedure Improper treatment of preeclampsia Limitation period for consortium claim of injured child’s parents is tolled during child’s minority Negligent handling of shoulder dystocia Failure to properly assess children for lead poisoning Improper prescription of Zocor back to top Negligence Lack of precautions where guardrails left lying on road shoulder cause school bus rollover Failure to timely shoulder road after repaving Failure to disclose risks of cliff jumping, prior deaths back to top Practice & Procedure Discovery of claim based on tobacco addiction did not trigger limitations statute on physical injuries claim back to top Premises Creation of dangerous condition where restaurant’s misting system formed large puddle outside door Failure to remove cement wheel stop from handicapped walkway in store parking lot back to top Products Liability Dangerous modification of golf cart Design defect in pickup truck’s cruise control Park-to-reverse defect in pickup truck Unreasonably dangerous product containing asbestos Lack of safety device on boring machine Illinois refuses to exempt simple products with open and obvious dangers from risk-utility test Defective occupant restraint system in SUV Failure to warn of intrusion risk of standup forklift back to top Professional Negligence Sexual abuse of student by priest Failure to notify health plan trustees of plan’s insolvency, illegality Nursing home resident raped by fellow resident Failure to comply with nursing home resident’s advanced directive Failure to investigate child abuse complaints back to top Railroads Failure to stop moving train cars when radio communication fails back to top Schools Breach of contract where mentor cancels researcher’s grant back to top Toxic Torts There are no cases in this issue. back to top Utilities Failure to install protective coordination system on power line back to top Workplace Safety Failure to install, equip load rack pipe with enclosed safety cage at asphalt processing plant Failure to allow workers to use interior stairs where worker falls off scaffold ladder in rain Unsafe workplace where satellite installer falls through skylight back to top

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