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Recreation cases

June 2004 | Volume 40, Issue 6

Won't get fooled again
Steven A. Adelman

Concertgoers can be injured or die in overcrowded areas, especially near the stage, yet concert venues and performers often insist on nonassigned "festival" seating at their shows. with proof of foreseeability and duty of care, you can show your client's injuries were caused by the entertainment-industry defendants' negligence.

When exercise turns deadly
Howard L. Pomerantz

Many health clubs have the latest equipment designed to help members stay fit. But some lack the one device that could save the life of someone who suffers sudden cardiac arrest while exercising. Automated external defibrillators are inexpensive and easy to use. Gyms have no excuse not to have them.

Is the all-American amusement park safe?
Robert E. Ammons and Vuk Stevan Vujasinovic

Amusement parks are wildly popular, but few visitors realize that the federal government does not regulate thrill rides and other potentially dangerous attractions. Until that changes, litigation may be the only way to make musement companies attend to patrons' safety.

Free your client from the liability release
Kevin Coluccio and Paul L. Stritmatter

Your client may have signed a waiver intended to shield a provider of recreational activities from negligence claims, but don’t assume he or she signed away the right to sue. Some courts have invalidated waivers, making legal action viable.

Beating the house
Briggs Smith and Jason Nabors

Whether it’s a jackpot dispute or a premises liability, dram shop, or detainment/eviction claim, you improve your client’s odds of winning a case against a casino if you study up on industry practices and state regulatory schemes.

Feature

Lessons from the bench

What characteristics do you admire in a jurist? Diligence? Passion? Evenhandedness? In this symposium, four lawyers share stories about judges who made lasting impressions and taught valuable lessons both in and out of court.

How to obtain medical records after HIPAA
Craig D. Tindall

Congress raised privacy standards in health insurance when it passed the Health Insurance Portability and Accountability Act of 1996. Now that the compliance deadline for medical providers has passed, be sure to frame your requests for documents properly to get the records you need.

News & Trends

Consumers, states challenge federal ban on drug imports

Women can recover for emotional distress in miscarriage cases

Judge may not demand that pleading exceed federal rule’s standard

Proposed rule on citing ‘unpublished’ opinions takes first step

Lack of forfeiture clause ensures benefits for alleged harasser

Jury finds parents liable for covering up son’s AIDS

Popcorn flavoring damaged worker’s lungs, jury finds

Who is to blame when bullying ends in death?

In emotional distress case, judge shows horse sense

Departments

President’s page
Family, friends, and ATLA

Supreme Court review
The limits of the good-faith exception

Good Counsel

Hearsay

Books

Law and Justice as Seen on TV
Elayne Rapping

Internal Bleeding
by Robert M. Wachter and Kaveh G. Shojania

Classifieds

Lawyer Networking

Products & Services

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Balancing the Scales of Justice
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