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Volume 51, No. 1
February 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 General maritime negligence where medic is struck by wheelchair pushed by fellow crew member back to top Attorneys Attorney licensed elsewhere may sue out-of-state client for services rendered in state of residence Disbarred attorney may recover fees for performance of services under doctrine of unjust enrichment Law firmâ€™s publication of allegedly defamatory statements in ad is protected by litigation privilege back to top Automobile Accidents Improper lookout Graves Amendment preempting rental car company vicarious liability is unconstitutional Failure to keep eyes on road Improper training of driver back to top Aviation DVT-related injuries caused by Article 17 accident may be compensable under Warsaw Convention back to top Civil Rights Fair Housing Act violations where building owner, managers discriminate based on race, family size back to top Commercial Litigation Iowa law does not preempt alter ego, piercing the corporate veil common law claims Breach of contract where buyer's financier backs out, buys property itself back to top Consumer Protection Mortgage insurer subject to FCRA adverse notice provisions Indirect purchasers may bring claims under state consumer protection act back to top Damages Illinoisâ€™s cap on noneconomic damages in medical negligence suits violates state constitution back to top Employment Law Wrongful discharge, discrimination for filing claims where injured workers fired for filing comp claims Retaliation where older Indian American engineer fired after reporting discrimination First Amendment violations where coworkers harass employee after settlement of retaliation lawsuit back to top Evidence Portions of 9/11 cockpit recordings are admissible to show passengersâ€™ pre-death pain and suffering Toxicology data generated by lab machines are not techniciansâ€™ out-of-court hearsay statements back to top Family Law Employer is required to provide health benefits to employee's stepson Government Liability FTCA discretionary function exception does not apply to government's duty to mark campground path back to top Insurance Insurer tries to influence medical treatment despite agreement disallowing it Whether insurer's computer database determines "reasonable" medical expenses is question of fact back to top Intentional Torts Assault, battery where basketball player, security guard beat up bar patron Unreasonable force, negligent supervision where teenager hit another on head with beer bottle back to top Medical Negligence Negligent cesarean section Inappropriate touching by physician performing workers' compensation examinations Improper treatment of brain tumor Failure to timely diagnose endometrial cancer Mishandling of internal bleeding Failure to refer patient to cardiologist Negligent use of vacuum extractor back to top Negligence Strict liability where dog attacked neighbor helping owner unload groceries Failure to construct barriers where golfer fell into ravine after cart tilted on path shoulder back to top Practice & Procedure Statute with six-months limit for filing notice of personal injury claim violates equal protection back to top Premises OSHA violations where man falls from rotten ladder in boatyard Encroaching vegetation may be nuisance when it causes actual harm, poses imminent danger Woman slips and falls on water in restroom back to top Products Liability Texas heightened standard for asbestos exposure cases does not apply in ephedra litigation Contract research firm involved in FDA study may be liable to injured patient Claim against thimerosal manufacturer is not subject to Vaccine Act's exhaustion requirement Claim against Accutane manufacturer alleging it cause in utero injuries is permissible Failure to adequately warn of inflammatory bowel disease risk posed by Accutane Lack of electronic stability control and defective design of speedway track Evidence of plaintiff's alleged intoxication is not admissible in enhanced injury seatbelt case Improper assembly of ceral production equipment back to top Professional Negligence Bank may be liable for stolen safe deposit items Sexual abuse of altar boy Negligent supervision of substitute child care worker Overfilling of root canal Negligent administration of intravenous sedation Florida impact rule does not preclude suit involving wrongful disclosure of HIV test results Constructive knowledge of legal negligence should not be imputed to former wife back to top Railroads Unsafe workplace, equipment where switchman has difficulty throwing stuck switch back to top Schools Negligence claim against school district is not barred by assumption of risk doctrine Failure to implement individualized education plan where one student attacks another in classroom back to top Toxic Torts There are no cases in this issue. back to top Utilities Utility may be liable for crash into unmarked power line back to top Workplace Safety Worker falls when wooden walkway breaks Failure to maintain, repair, inspect where crane's hook falls on worker back to top

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