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Volume 51, No. 2
March 2008

All Cases (text only)	Articles	Court Documents	Court Documents by Topic: • Consumer Protection-FDCPA Cases • Breast Cancer Litigation
Spotlight	Updates	Injury Collections Abstract Sets
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 provide safe workplace where employee injured during transfer from sea platform to vessel back to top Attorneys Disability benefits excludable from firm shareholder’s gross income due to premiums reimbursement Courts are not required to use multiplier when determining attorney fees for out-of-town counsel back to top Automobile Accidents Failure to yield right-of-way Improper lookout Failure to stop at red light Driver struck by bullet during random, drive-by shooting entitled to uninsured motorist coverage back to top Aviation Breach of common carrier duty of care where man was thrown from wheelchair by skycap back to top Civil Rights Unjustifiable use of deadly force where police officer shoots, kills teenager Patriot Act provisions that allow wiretapping, searches without probable cause are unconstitutional back to top Commercial Litigation Breach of contract where loss prevention company fails to notice faulty fire-protection system Fraud, breach of warranties where faulty golf carts lead to loss of profits, diminution of value back to top Consumer Protection Trustee of revocable living trust has standing to sue under TILA Obtaining credit report for debt collection where consumer did not seek credit is impermissible back to top Damages Award for future pain and suffering need not be set aside when plaintiff dies next day back to top Employment Law CSRA does not preclude fired employees’ constitutional claims where no other remedy exists Disability discrimination where U.S. Postal Service refuses to promote injured workers USERRA violations, defamation where reservist fired after returning from active duty back to top Evidence Medical negligence defense counsel may conduct ex parte interviews with plaintiffs’ treating physicians Courts must hold in limine hearings on admissibility of expert opinions back to top Family Law Parent is entitled to child support credit for social security benefits paid for children’s benefit back to top Government Liability Company that contracted with state attorney’s office is not entitled Eleventh Amendment immunity Public duty doctrine applies only to police protection services traditionally done by law enforcement back to top Insurance Breach of implied contracts where homeowners’ insurer rescinds policy after dog bites guest Insurers must make reasonable efforts to verify applicant information before approving coverage back to top Intentional Torts Defamation where news station director accuses lawyer of talking badly about former colleague back to top Medical Negligence Failure to remove laparotomy sponge Negligent hysterectomy Physician had duty to warn patient-driver about side effects of prescription drugs Improper treatment of sinus infection Negligent placement of surgical clips Failure to follow up on alpha-feto protein screening back to top Negligence Driver injured by tractor-trailer axle may sue tractor-trailer’s previous owner for negligent maintenance Poorly designed ski jump causes fall, quadriplegia Misinstructed young driver hits motorcyclist back to top Practice & Procedure State court has personal jurisdiction over man who fled to Canada to avoid authorities Title VII verdict against debtor is nondischargeable under Bankruptcy Code back to top Premises Failure to install handrails where woman falls down exterior stairway Shopper struck by falling display may sue store for negligence based on res ipsa loquitur back to top Products Liability Defendants may perform destructive testing during trial only after jurors have viewed the evidence Failure to warn of dangers associated with two-tire frontal mounting Dangerous placement of fuel tank behind rear axle Dismissal based on preemption is premature in Seroquel litigation Defective design of asbestos-containing equipment, failure to warn of risk involved back to top Professional Negligence Breach of fiduciary duty by bank Sexual abuse by fellow priest Failure to perform adequate drug rehabilitation workup Falsification of paternity testing Improper handling of financial disclosure statements Failure to comply with dietary orders for nursing home resident Failure to prevent falls in nursing home back to top Railroads Engineer injured while running from derailing train cars back to top Schools Failure to provide safe equipment in classroom where television and stand fall on student during class back to top Toxic Torts Clean Water Act, Endangered Species Act violations where oil spills cause significant damage to wetlands Proof of actual harm is not required to sue for intentional trespass back to top Utilities There are no cases in this issue. back to top Workplace Safety Vicarious liability where construction company employee attacks handyman Improper installation where sulfuric acid tank line breaks, acid spills on workers Workers’ comp claim for estate of attorney who died during trial back to top

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