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Volume 51, No. 4
May 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 Passenger injured when fishing vessel runs aground after captain falls asleep at helm back to top Attorneys Attorney’s donation of client case files not tax deductible because attorney did not own them Law compelling attorneys to serve as arbitrators does not violate Fifth Amendment’s takings clause back to top Automobile Accidents Tractor-trailer crosses median, strikes vehicles after driver falls asleep Improper lookout Failure to yield right-of-way Speeding, failure to install guardrail back to top Aviation Federal law does not preempt claim for false imprisonment against airline Suit alleging racial and religious discrimination by airline and airport may proceed back to top Civil Rights Substantive due process claim may proceed where property right possibly infringed on due to race back to top Commercial Litigation Copyright infringement where company uses photographer’s photos without permission back to top Consumer Protection FCRA amendment eliminating private causes of action has impermissible retroactive effect Lemon law violation where new truck experiences multiple breakdowns immediately after purchase back to top Damages Insured can claim consequential damages where insurer failed to pay lost business income claim Oregon law prohibiting some medical negligence suits and capping damages violates Remedy Clause back to top Employment Law Retaliation where city painter fired after discussing corruption with press Former employees may bring FLSA retaliation claim Individual plan participants may sue under ERISA for fiduciary breaches that impair value of assets back to top Evidence Trial court erred in excluding plaintiffs’ expert testimony in microwave fire case Trial court erred in exluding prior similar incident reports back to top Family Law Incarcerated parents’ child support obligation must be calculated based on income during incarceration Rhode Island family court does not have jurisdiction over dissolution of out-of-state same-sex marriage back to top Government Liability Negligent installation of water main where landslide destroys homes back to top Insurance Breach of contract where insurer refuses to pay claim after jet’s vibrations damage home Insured may sue for fraudulent inducement to settle claim without first reimbursing money back to top Intentional Torts FCA violations where valve manufacturer sells faulty valves to U.S. Navy, fires whistle-blower back to top Medical Negligence Failure to perform timely cesarean section Medical negligence act does not cover claim alleging failure to implement hurricane evacuation plan Negligent surgery on artificial hip Failure to arrange ambulance for cardiac patient Prolonged ventilation of newborn Failure to recommend targeted ultrasound Improper surgical clearance EMTALA’s screening requirement ends once patient is admitted to hospital for inpatient care back to top Negligence Failure to warn where university security guard slips, falls on floor wax Unsafe condition, failure to provide safety equipment where ceiling falls on church demolition volunteer Jeopardy to future health where bus driver with tuberculosis drives high school students back to top Practice & Procedure Appellate jurisdiction does not exist over remand order based on lower court’s decision Crime-fraud exception to attorney-client privilege applies to attorney’s issuance of opinion letters back to top Premises Failure to provide adequate security where hotel guest was shot by armed intruders Rhode Island legislation exempting certain dwellings from Lead Hazard Mitigation Act is constitutional Lack of security, failure to call police where woman was attacked in parking garage back to top Products Liability Estate of vaccine injury claimant who died during pendency of claim may recover compensation Failure to warn of dangers of asbestos in dryer felts Ohio products liability repose statute is not retroactive if it results in unreasonably short filing period Defective design of passenger car air bag Defective design, manufacture of safety harness hook Insufficient roof strength in passenger car back to top Professional Negligence Swiss bank had no duty to warn that Swiss, not U.S., law governed account relationship Clergy abuse claim accrued when damages were objectively capable of ascertainment Negligent placement of veneers Unnecessary wisdom tooth extraction Public defender did not have official immunity from former client’s negligence claims Attorney who ran debt collection business may be individually liable under FDCPA Improper treatment of pressure sores Therapist who warned police about violent patient had duty of reasonable care back to top Railroads Defective hand brakes on cars where grain cars crash into locomotive back to top Schools Qualified privilege applies to defamation suit against university that published crime alert back to top Toxic Torts Expert evidence supported sending issue of causal link between toxic molds and medical problem to jury back to top Utilities There are no Utilities cases in this issue. back to top Workplace Safety Failure to warn, improper mixing where chemical spill in plant causes explosion Employee’s death caused by playful coworker’s assault did not arise out of employment Negligent removal of handrail back to top

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