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Volume 51, No. 5
June 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: 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
Attorneys Partners have duty to account to former partner absent written agreement addressing issue Amendment to law requiring disbarred lawyers to pay cost of disbarrment may be applied retroactively back to top Automobile Accidents Truck runs over bicyclist Failure to heed stop sign Failure to safely apply brakes Driving while talking on cell phone back to top Aviation Government may be liable under FTCA for failure to warn pilots of turbulent weather back to top Civil Rights Police officer who prolonged an investigative detention is not entitled to qualified immunity back to top Commercial Litigation Public policy does not prohibit limitation-of-liability provisions in professional service contracts Noncompete agreement signed after employee is hired is unenforceable for lack of consideration back to top Consumer Protection State no-call list act applies to residential subscriber who also uses home phone for business purposes TCPA violations where car dealership sends unsolicited faxes back to top Damages Wedding venue that canceled wedding is liable for emotional distress damages Identity theft victim may recover full verdict against credit reporting agency despite other settlements back to top Employment Law FMLA violations, retaliation where mortgage firm fires ill employee Hostile workplace where training center administrator makes derogatory remarks to female employees Discrimination, AWPA violations where crop growers terminate, refuse to hire U.S. workers back to top Evidence Defendants in premises liability suit may present evidence of subsequent negligence by plaintiff’s doctors back to top Family Law Sperm donor is not required to pay child support where mother agreed to treat him as anonymous back to top Government Liability Discretionary function exception may not apply in premises suit against National Park Service back to top Insurance Breach of contract, consumer protection violations where car insurer reduces medical payments Negligence where laborer’s employer puts him in non-union long-term disability plan, insurer rescinds back to top Intentional Torts Man forced by Nazis to sell artwork may recover painting from heir of man who bought it Intentional infliction of emotional distress where disk jockeys ridicule woman with burn scars back to top Medical Negligence Failure to perform timely colonoscopies Hospital may be liable to family of woman killed by former husband after discharge from facility Failure to timely diagnose pacemaker defect Late diagnosis of cardiac symptoms Failure to rule out stroke Improper handling of hypoglycemia back to top Negligence Inadequate observation where car dealership employee runs over customer’s foot Failure to leash where dog bites toddler on beach Dealership release for motorcycle test drive did not release dealership from its own negligence back to top Practice & Procedure Personal jurisdiction exists over out-of-state defendant that did continuous business with in-state lawyer State allows litigant required to undergo physical examination to videotape it back to top Premises Failure to protect where bar patron was attacked, beaten with pool cue by other patrons Store may be vicariously liable for intentional torts of security guard employed by outside contractor back to top Products Liability Inadequate warning of drugs’ risks Defective seat belt in SUV Federal law does not preempt smokers’ “light” cigarette fraudulent misrepresentation claims Defective design of rear middle seat in passenger car Georgia high court rejects constitutional challenges to state’s tort reform act Insufficient seat cushion frame strength in passenger car back to top Professional Negligence Plaintiff’s sexual abuse claim is not time-barred under retroactive limitations statute Failure to apply Fentanyl patch Improper care of nursing home resident Failure to provide aggressive wound treatment Failure to timely refer patient to ophthalmologist Learned intermediary doctrine precludes hospital’s liability for misprescription back to top Railroads Failure to provide safe workplace where conductor between railroad runs falls on motel walkway Amtrak passenger’s other claims may proceed, but state fraud claims are preempted by Amtrak Act back to top Schools Denial of right to education where student’s reports of sexual abuse by teachers ignored by school officials Assumption of risk inapplicable where softball coach hits student in face with bat during demonstration back to top Toxic Torts Significantly increased risk of cancer, other diseases where zinc smelter plant dumps waste back to top Utilities Tennessee Valley Authority is not immune from common law nuisance suit back to top Workplace Safety ERISA does not preempt employee’s state law unsafe workplace claims OSHA violations where truck driver falls off unsecured ladder at loading dock Inadequate management, equipment, safety measures where explosion occurs at BP oil refinery back to top

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