AAJ Law Reporter

Home MyAAJ Join AAJ Username/Password Find Lawyer Shopping Cart Links Help

Search Tips
Printable Version

Home | Publish your case | Other publications

Volume 50, No. 2
March 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 Unsafe workplace, unseaworthy vessel where barge worker is exposed to coal tar epoxy Failure to provide seaworthy vessel, properly maintain vessel where ship worker is struck by spud anchor back to top Attorneys Disbursing loan proceeds for residential refinancing or credit line transaction is practice of law Hiring attorney who represented opposing party disqualifies entire law firm in same matter Retainer agreement holding client liable for attorney fees in collection action is invalid back to top Automobile Accidents Failure of tractor-trailer driver to take medication Negligent entrustment of tractor-trailer Negligent operation of vehicle Employer may be liable for death, injuries caused by employee while driving home from event Negligent loading of cargo on flatbed trailer back to top Aviation Failure to maintain safe environment where passenger slips on soap on lavatory floor Private contractors may be liable for plane crash that killed service members in Afghanistan back to top Civil Rights Muslim groups have standing under First Amendment to challenge constitutionality of Patriot Act Excessive force, due process violation where man dies after being placed in hobble restraint during arrest back to top Commercial Litigation Abstract anticipated subsequent patent and thus patent is invalid back to top Consumer Protection Lender’s ambiguous notice to borrower of right to rescission violates Truth in Lending Act Developer may owe duty to home buyers to disclose information about possibly unstable soil back to top Damages Plaintiff may recover loss of companionship and funeral expenses for death of adult sibling back to top Employment Law Wrongful termination, retaliation where waitstaff was fired after complaining of not getting full tips Termination is adverse action giving rise to Title VII claims despite being reinstated, given back pay back to top Evidence Expert witness could not testify that she consulted with colleagues when formulating opinion in case back to top Family Law Law allowing states to divide military retirement pay during divorce proceedings is constitutional Court may not permit one party in pending divorce to sell marital house over other party’s objections back to top Government Liability Failure to maintain safe highway Negligent maintenance of path behind beach FTCA claim does not accrue until plaintiffs reasonably know tortfeasor acted within scope of employment back to top Insurance Bad faith where insurer refuses to pay UIM benefits for man killed by drunk driver back to top Intentional Torts Assault, battery where man hits supervisor with blackjack back to top Medical Negligence Failure to timely diagnose breast cancer Untimely diagnosis of spinal epidural abscess Negligent bariatric surgery Failure to timely diagnose blood clot after hip surgery Negligent removal of penile warts Failure to properly monitor patient in labor Hospital may be liable for alleged negligence of independent contractor physician back to top Negligence Creation of dangerous condition during remodeling where man dies after falling off third-story walkway Unnecessary lane closure where passenger was injured when car swerved to avoid merging truck back to top Practice & Procedure Hawaii Constitution prohibits release of parties’ medical information outside litigation context Party removing class action to federal court bears burden of proving federal jurisdiction back to top Premises Unsafe environment at amusement park Failure to maintain safe premises at apartment complex pool Creation of dangerous condition on sidewalk Failure to maintain safe premises in restaurant bathroom back to top Products Liability Defective design, manufacture of jack stands Statute raising burden of proof does not apply retroactively to claims pending at time of enactment Lack of adequate fastening mechanism, interlock controls on work platform Designer could be liable to foreseeable user despite lack of proof of role in manufacture or distribution Lack of side underride protection on truck trailer No preemption where claims allege inadequate warning of dangers of intravenous drug administration back to top Professional Negligence Failure to properly examine home health care patient Statewide standard of care applies to all Tennessee attorneys Attorneys may be liable for not telling clients their liability could potentially exceed cost of settlement Failure to provide adequate treatment at nursing home Nursing home administrator and licensee do not owe residents duty of care Performance of inappropriate arthroplasty on patient with preexisting vascular disease Suit arising out of psychiatric patient’s suicide requires proof of duty, breach, and proximate cause back to top Railroads Failure to de-energize, warn of live wires above train back to top Schools IDEA requires schools to provide services to students with disabilities as soon as possible Negligent supervision where student is punched by another student in cafeteria back to top Toxic Torts Failure to warn of danger of groundwater contamination from dumping used dry cleaning residue back to top Utilities There are no cases in this issue. back to top Workplace Safety Unsafe work practice where painter is found crushed between staircase and aerial lift basket Employee injured on mandatory company retreat was entitled to workers’ compensation benefits back to top

Send comments to law.reporter@justice.org

American Association for Justice
Contact Us | © 2008 AAJ Terms and Conditions of Use | Privacy Statement