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Volume 48, No. 4
May 2005

All Cases (text only)	Articles	Court Documents	Court Documents by Topic: • Dog Attacks • Snow Skiing • Mandatory Arbitration
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 Worker injured while moving iron fittings back to top Attorneys Defendants must pay plaintiff’s fees although contingency agreement not memorialized until near trial Nonlawyer plaintiffs may base claims for damages on allegations of unauthorized practice of law back to top Automobile Accidents Failure to heed traffic sign Failure to pay uninsured motorist benefits Reckless driving Underinsured motorist policy exclusion of vehicles with fewer than four wheels is unenforceable Driver loses consciousness, strikes pedestrian Negligent turning back to top Aviation Violation of altitude regulations back to top Civil Rights Minority tenants may file private suit against landlord in federal court under FHA for racial discrimination Inmate attacked in prison restroom at guard’s request back to top Commercial Litigation Deceptive trade practices where water heaters break after water chambers not molded properly Wrongful profiting from likeness where man’s image used without permission back to top Consumer Protection Federal home loan law does not preempt state unfair competition law Woman may sue jewelry store that allegedly misrepresented quality of engagement ring back to top Damages State cannot assert lien against entire settlement for repayment of Medicaid benefits Economic loss rule does not bar claim where parties are not in contractual privity back to top Employment Law Company founder pushed out of company Sarbanes-Oxley whistleblower plaintiff is not required to exhaust administrative appeals back to top Evidence Officer’s testimony regarding primary contributing circumstance of accident is inadmissible Intercepted electronic communications from husband’s computer were properly excluded from evidence back to top Family Law Statute prohibiting fornication between unmarried people violates due process Future earnings portion of FELA settlement is not marital property back to top Government Liability Boy falls from balcony at city recreational center Conviction for obstructing police does not bar excessive force claim back to top Insurance Liability exclusion applies to person in care of insured only if person is resident of insured’s household Potential insured is covered under California law when application delivered after insured’s death back to top Intentional Torts Woman sexually assaulted at hotel Woman videotaped in shower at home of acquaintance back to top Medical Negligence State’s medical liability act applies only to services that were rendered or should have been rendered Failure to timely reintubate Improper disposal of corpse Taxol overdose Negligent laparoscopy Wife did not have independent claim against physician who treated man after failed vasectomy Failure to diagnose heart attack back to top Negligence Bar patron fatally beaten by bouncers Negligent supervision where boy drowns in pool Downhill skier hit by uphill skier back to top Practice & Procedure Default judgment valid where defendant failed to establish plaintiff committed extrinsic fraud back to top Premises Exculpatory clause in lease does not bar suit for toxic mold contamination Negligent creation of dangerous display Party guest bitten by dog Evidence of prior criminal activity is unnecessary to prove inadequate security liability back to top Products Liability Electrical engineering expert was qualified to testify as to whether breakfast pastry caused toaster fire Negligent design of transmission Plaintiff’s unintentional spoliation of evidence did not warrant dismissal of suit Lack of guard on wire processing system Court erred in denying plaintiffs’ motion for punitive damages in Firestone tread separation case Insufficient seat back strength in SUV Lack of padding on police cruiser’s metal spotlight handle Defective design of clothes dryer back to top Professional Negligence Arbitration agreement is inapplicable to patient’s subsequent appointment with chiropractor Failure to use dental dam during root canal procedure Failure to timely diagnose mandibular tumor Corpse left in funeral home’s garage Attorney may be liable to client for negligence where no legal judgment rendered on unsettled area of law Nursing home resident falls down flight of steps Negligent supervision of Alzheimer’s patient back to top Railroads FELA safe workplace violations back to top Schools Teacher has improper sexual relationship with student Negligent retention, supervision of teacher who sexually abused student back to top Toxic Torts Parts of EPA administrative rule regulating pollutant emissions by animal feeding operations are void back to top Utilities Utility company can be sued for failure to repair, maintain street light back to top Workplace Safety State workers’ compensation act violates equal protection for employees of retirement age Failure to inspect switchboard that caused explosion back to top

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