Law Reporter 1997: Vol 40 Index

39 Pages·1997·11 MB·English

Law Reporter
1997
Annual Index
and
Table of Cases
for
Volume 40
CONTENTS
How to Use This Index
General Index by Subject
Table of Cases
Injury Awards
Wrongful Death Awards
Offerings by Topic
How to Use This Index
The Law Reporter Annual Index is designed to make your 1997 issues of the Law Reporter a reliable and accessible
research tool. Here are a few things you should know to make the best use of your index:
General Index by Subject (page LR-3). The major subject headings in the General Index correspond to the areas of
law covered in each issue of the Law Reporter.
To locate a particular kind of case, first determine which area your inquiry falls into. Entries within each subject include
both factual and legal issues. The numbers after the entries are the page numbers in Volume 40 of the Law Reporter where
the cases appear.
Table of Cases (page LR-18). This table includes the most complete citations available as of November 1997.
Injury Awards (page LR-36). Entries in this section will direct you to cases in the Law Reporter that contain awards of
damages for particular types of injuries. The following abbreviations are used in this section of the index: V for verdict;
S for settlement; SS for structured settlement; PVS for postverdict settlement; AA for arbitration award; M for mediation.
An asterisk beside an award indicates plaintiff suffered injuries in addition to the one(s) listed.
Wrongful Death Awards (page LR-38). This table lists the wrongful death awards reported in Volume 40 of the Law
Reporter. The following abbreviations are used in this section of the index: V for verdict; $ for settlement; SS for struc-
tured settlement; PVS for postverdict settlement; AA for arbitration award; M for mediation.
Offerings by Topic (page LR-39). To order, see the form at the back of this issue.
To Obtain Further Information About a Case. The best source for additional information about a case is plaintiff's
counsel. The name and city of the plaintiff's counsel involved in a case are provided, where possible, at the end of our re-
port of the case. Your ATLA membership directory will provide you with the complete address and telephone number of
any ATLA member.
The Law Reporter provides pleadings, court documents, and briefs through the “Offerings” column each month. That
column also provides a list of Case Summary Surveys—collections of case summaries appearing in the Reporter from 1988
to the present. Also available are Ultimate Offerings—comprehensive research packages that include documents, case re-
ports, and bylined articles on a specific topic. To order, fill out the form at the back of this issue.
Binders. Blue three-ring binders for convenient storage of your issues and index are available for $30, postpaid.
Association of Trial Lawyers of America
Law Reporter
1050 31st Street, N.W.
Washington, DC 20007
Editor-in-Chief Liane E. Leshne
Managing Editor Peter C. Quinn
Associate Editors Amy L. Allbright
Jonathan Wall
Christine M. Mollenauer
Contributing Editors Heidi H. Griffin
Lynne Stern Feiges
Production Assistant Robert L. Whiddon
Admiralty - Attorneys
General Index by Subject
Admiralty maintain, failure to, 4 trustee and counsel in beneficiaries’
drive shaft, action against trustee, 45
cruise ship liability cover, provide, failure to, 324 attorney-client relationship
injuries arising from ferrying passengers gantry, disassembly, provision of nominal legal advice did not
to shore, instruction, inadequate, 204 create new relationship with former
operator and charterer liability, 376 supervision, inadequate, 204 client, 85
ticket provisicns, life raft canisters, bar examination
liability limitation ineffective, 376 inspect, failure to, 84 reasonable accommodations on,
one-year limitations period not secure, adequately, failure to, 84 applicant with learning disabilities
enforceable, 376 lifting equipment, inadequate, 84 entitled to, 285
general maritime law lifting guidelines, provide, confidential client communications
comparative negligence, not state failure to, 84 lawyers may use e-mail to transmit,
contributory negligence, applies to ferry mooring lines, mixed, 84 Illinois, 364
slip and fall, 164 survival suits, North Dakota, 364
oil rigs, nonfunctioning lights, 164 South Carolina, 285
crane, primary duty rule, Vermont, 286
operation, negligent, 44 no bar to recovery where seaman did not conflicts of interest
crew, inadequate, 44 create dangerous condition and could disqualification,
moorings, inadequate, 44 not have controlled it, 244 where lawyer seeks to represent
negligent conversion ofj ack-up rig seaman’s comparative fault, plaintiffs in suit against company
into production rig, 44 no reduction for, lawyer defended while at previous
unstable, 44 where safety regulation violated, 44 firm, 325
unseaworthy vessel, 164 seaman status, no disqualification,
crew, deckhand regularly hired out of union where lawyer mediates case and later
inadequate, 44, 84, 84, 204 hall lacked requisite connection represents different plaintiffi n case
untrained, 284 to group of vessels, 204 against same defendant, 325
equipment, inadequate, 44 supervision, negligent, where lawyer who conducted company’s
bilge alarm, 164 hose handling operation, 284 employment law seminar later
cables, power, warning, sound, failure to, 284 represented Title VII plaintiff suing
catwalks, use, failure to, 324 Longshore and Harbor Workers’ company, 5
outlets, lack of, 324 Compensation Act (LHWCA) ex parte communications
u-clips, use, failure to, 324 death benefits, with defendant’s former employees,
derrick barge chafing board, 4 widow could pursue although she settled attorney may engage in, 244
drive shaft, asbestos claims without approval fees
cover, provide, failure to, 324 of husband’s employer, 128 contingent,
gantry, maritime status of employee, attorney who tried to collect excessive
pins, union hall worker injured during contingency fee could not recover in
tags warning of removal, nonmaritime work established status quantum meruit, 85
maintain, failure to, 204 through overall work fired attorney was entitled to where he
hatch cover, raised, 284 history, 204 substantially performed duties required
lifting equipment, inadequate, 84 Section 905(b) liability, under fee agreement, 165
mooring lines, mixed, 84 active operations duty, fee-splitting agreements,
survival suit, functioning lights, obviousness of danger does not enforceable despite possible
lack of, 164 relieve shipowner of duty in areas noncompliance with professional
order, negligently given, 376 under its control, 5 conduct rule, 245
question of seaworthiness extends operations, negligent intervention quantum meruit,
beyond vessel’s condition, 85 in by vessel crew, 4 attorney discharged for unreasonable
structural integrity, 164 marine insurance conduct is entitled to,
Jones Act bad faith, where conduct was not unethical, 325
captain, conflict of interest, 164 recovery action,
order, negligent, failure to investigate sinking, New York lawyer who represented New
lines, release of, 84 Washington state law applied although Jersey client could maintain in
crew, foreign law determined policy New York, 377
inadequate, 44, 84, 84, 204 coverage, 165 refund,
negligent, 376 insureds’ interests, highly deferential standard applied to
untrained, 284 failure to represent, 164 review of, 128
equipment, privileged information, disclosure of, 164 law firms
bilge alarm, nonfunctioning, 164 goodwill was not distributable asset of law
cables, power, Attorneys partnership, 5
catwalks, use, failure to, 324 noncompetition clause unenforceable, 377
outlets, lack of, 324 attorney-client privilege lawyer advertising
u-clips, use, failure to, 324 protects communications between, Maryland’s 30-day restriction of direct-mail
chafing board, patent applicant and solicitation is unconstitutional as
inspect, failure to, 4 licensee’s attorneys, 129 applied to criminal and traffic
LR-3
Attorneys - Civil Rights
defendants, 284 warning devices, place, failure to, 131 maintenance of navigation system,
New Mexico rule banning direct mail lawver safety chains, fasten, failure to, 326 improper, 168
advertising is unconstitutional, 165 speeding, 6, 86, 86, 87, 129, 166, 167, negligent entrustment, 88
online attorney referral board, 207, 207, 207, 246, 246, 286, 287, Airline Deregulation Act (ADA)
New York attorneys may participate in if 287, 378 does not preempt negligence and breach of
listings do not otherwise violate stop sign, heed, failure to, 6, 206, 245 contract claims against airline, 88
disciplinary rules, 364 turn, signal, failure to, 206, 378 preempts state claims regarding airline’s
secking information on insurance company’s entrustment provision of services, but not claims
failure to pay claims, negligent, 286, 326 for negligent operation and
not defamatory, 45 hiring maintenance, 205
sanctions negligent, 86, 166, 167, 286, 286, 326 airline liability
notice of Rule 11 sanctions is insufficient independent contractor liability duty of care,
tor imposing sanctions under tractor trailer, no duty of care owed to passenger who had
28 U.S.C. § 1927, 205 maintenance, disembarked, 47
improper, 130 wheelchair assistance improper, 168
Automobile Accidents lug nuts, torque, improper, 130 airport liability
wall, secure properly, failure to, 167 vield right-of-way to outbound mobile
ambulance company liability log sheets lounge, failure to, 248
lookout, improper, 246 system to check, inadequate, 327 pilot negligence
speed, excessive, 246 respondeat superior liability, 6, 46, 46, altitude,
bus company liability 46, 47, 86, 87, 87, 130, 131, 166, 167, keep track of, failure to, 327
hiring, improper, 166 206, 206, 207, 246, 246, 286, 286, 286, fuel pump, auxiliary,
maintenance of brakes, negligent, 166 287, 326, 326, 327, 327, 378, 380 turn off after starting engine,
supervision, improper, 166 retention failure to, 381
training, improper, 166 negligent, 86, 286 landing gear, lower, failure to, 8
construction company liability safety program for tractor trailer raising of, negligent, 381
Stop sign, lack of, 326 magnetos,
detour sign, plac ement near, supervision set on one side only, 381
negligent, 245 negligent, 167 runway, active,
equipment, placement near, underinsured motorist policy use, failure to, 381
negligent, 245 beneficiaries not named in policy could transportation of passengers,
waving driver through, collect under, 379 while carrying external load, 87
negligent, 206 consent to sue clause unenforceable, 7 with insufficient seating
dram shop liability stacking allowed where policy bases premium and seat belts, 87
emplovees, on how many vehicles are covered, 379 turn, 360-degree, negligent, 168
policies, alcohol sales, uninsured motorist policy subcontractor liability
establish, failure to, 129 emotional distress claim comes under engine casing,
supervision, improper, 129 separate “each person” liability limit, 130 welding of, negligent, 287
training, improper, 129 exhaustion clauses void in Montana to Warsaw Convention
driver negligence extent they violate public policy, 247 charter contract is not passenger ticket
avoid collision, loss of consortium claim does not share sufficient to limit carrier’s liability
failure to, 46, 86, 207, 326 single “per person” liability limit with under, 131
control vehicle, bodily injury claim, 6 damages not limited by,
failure to, 6, 6, 46, 47, 86, 129, 166, policies excluding coverage for vehicles where passenger’s heart attack
168, 207, 326, 327 other than insured’s are unenforceable, 379 allegedly exacerbated by crew’s failure
tederal motor carrier regulations, 380 pursuit of UIM claim, to make emergency landing, 380
following too closely, 207, 207, 378 insureds need not settle at or above does not preclude state law claims where
highway, pull off, failure to, 287 tortfeasor’s policy limits before injurious event falls outside
horn, sound, failure to, 86 arbitrating UIM claim under Convention, 288
improper maintenance, tractor trailer, 131] Minnesota law, 247 willful misconduct as matter of law, 380
intoxication, 129, 286, 286 rental agreement,
ladder, improperly secured, 87 clause excluding coverage where driver Civil Rights
left turn, improper, 167 intoxicated void as against public
log sheets, falsification of, 327 policy, 247 Communications Decency Act
lookout, utility company liability Internet provisions, unconstitutional, 209
improper, 6, 46, 46, 46, 46, 86, 86, stop sign, Eleventh Amendment
129, 130, 166, 168, 206, 207, 207, visibility, maintain, failure to, 245 no bar to class action by state prisoners
246, 246, 246, 287, 326, 327, 378 vicarious liability 287 seeking injunctive relief for ADA and
mirrors, rear-view, use, failure to, 286 common carrier liability, 131 RA violations, 328
operation, negligent, 326 Fair Housing Act
parking, tractor trailer, illegal, 131 Aviation landlord liability,
passing, improper, 167 where landlords learned of tenant’s
proper distance, maintain, failure to, 87 aircraft manufacturer liability disability after sending eviction
react in emergency, failure to, 166 fire detection devices, lack of, 247 notice, 289
red light, stop at, failure to, 86, 287, 326 fire suppression devices, lack of, 247 42 U.S.C. § 1983
right-of-way, yield, failure to, 167, 246 fuel system, defective, 7 county liability,
roll-off container on highway, aircraft owner liability no liability under,
secure, properly, failure to, 131 lower landing gear, failure to, 8 hiring deputy with criminal record, 208
LR-4
Civil Rights - Consumer Protection
police, instructions, failure to follow, 49 in country, 9
malicious prosecution, 169 construction violations of,
defendants, commercial surety, replication of famous golf holes, 9
state court, performance bonds, claims made under, use of famous golf courses’ service marks
no federal right to interlocutory unreasonable denial of, in promotional material, 9
appeal from denial of qualified Colorado recognizes bad faith action, use of medical device manufacturer’s
immunity, 208 290 trademarks on competing products, 383
emotional distress damages, “pay if paid” clauses, patents
recovery of, 48 void, 290 infringement,
evidence, drug, planting of, 110 unlicensed developer/general contractor battery manufacturing devices, 49
excessive force, 89, 381, 381 could sue subcontractors for equitable doctrine of equivalents upheld, 133
high-speed chases, indemnity although contract claims shrinkable plastic films, 90
Fourth Amendment governs, 382 were prohibited, 49 promissory estoppel
municipal liability, contract, breach of statute of frauds defense where distributor
police, bad faith, made acquisition based on supplier’s oral
investigate misconduct, failure to, 289 lost profits may be awarded in addition five-vear commitment, 329
supervise, failure to, 132, 289 to contract damages, 170 prospective economic advantage
train, failure to, 132, 289 brokerage commissions, 170 intentional interference with,
police, failure to use marketing firm in launch medical device distributor develops and
allowing intoxicated woman to walk home of credit card program, 249 markets competing product, 383
alone, liability for, 8 medical device distribution agreement, 383 Tennessee recognizes, 290
battery, 8 oral contract to supply program Racketeer Influenced and Corrupt
false arrest, 328 materials, 329 Organizations Act (RICO)
force, excessive, 8, 132, 289, 289, 328, product purchaser entitled to consequential last predicate act rule does not
381, 381 damages where purchase order not signed extend civil limitations period, 249
hog-tying, violation of instruction, 132 by distributor, 209 taxation
punitive damages, single business enterprise liability, 170 exemption for charities operating
award excessive under Gore, 48 copyright tor benefit of state residents violates
qualified immunity, allegation that corporation usurped idea Commerce Clause, 210
unavailable, for sporting event failed to state claim, trademark
banning demonstrations, 89 90 allegation that corporation usurped idea
officials’ interference with First codes and standards, for sporting event failed to state claim, 90
Amendment rights, 89 do not enter public domain when use competitor enjoined from using trademark
housing discrimination mandated by federal agency, 328 in Internet address, 382
unmarried cohabitants, Copyright Act preempts state criminal law competitor’s use of trademark on Internet
state civil rights act does not protect regarding unauthorized use of software Web site, even in blind coding,
against, 132 on computer bulletin board, 329 warranted injunction, 382
physician-assisted suicide court opinions,
Oregon 1994 Death with Dignity Act, style additions, minor, Consumer Protection
equal protection, violates, 366 not significant enough to warrant
Religious Freedom Restoration Act protection, 329 automobile sales
of 1993 electronic/CD-ROM databases, fraudulent concealment of presale
unconstitutional, 248 previously published articles, repairs, 10
restaurant Writers’ permission not necessary fraudulent misrepresentation of presale
patron asked to leave because of race, 248 to place articles in database, 329 repairs, 10
right to die fair use, Fair Credit Reporting Act (FCRA)
terminally ill, competent adults may parody, prima facie case,
choose to hasten death, 169 photograph with superimposed inaccurate and inconsistent credit
head, 90 reports, 50
Commercial Litigation misuse defense, Federal Communications Act
medical coding publisher’s exclusive lack of subject matter jurisdiction
arbitration agreement with federal agency may allow under, 10
arbitrator exceeded authority by admitting copiers to assert, 328 Federal Debt Collection Practices Act
extrinsic evidence where prohibited defamation (FDCPA)
by contract, 134 disparagement of competitor and application to,
guarantor not bound by agreement products, 383 dishonored checks, 210
to arbitrate in underlying contract even fraud homeowners association fees, 291
though guaranty in same document, 133 broker, validation notice,
commercial property commercial real estate transactions, 49 contradicted by language in dunning
condominium association bylaw prohibiting indemnity, equitable letter, 330, 383
commercial tenants’ use of lobby required developer/general contractor’s claims lemon laws
consent of all owners, 10 against subcontractors allowed although Florida,
transactions, contract claims barred, 49 plaintiff need not prove detective
broker, Lanham Act vehicle component to recover
fiduciary duty, breach of, 49 trade dress, under, 171
instructions, failure to follow, 49 catalog’s appearance protected, 9 Pennsylvania,
escrow officer, no likelihood of confusion where ADR mechanism is not arbitration
fiduciary duty, breach of, 49 only 12 purchasers of machines under the Federal Arbitration Act, 211
LR-5
Consumer Protection - Employment Law
Magnuson-Moss Warranty Act Kentucky recognizes claim for, 292 assurances of continued
binding arbitration clause in installment punitive damages employment, 293
s j es and financing contracts contlicted defendant not entitled to new trial pathologist fired without good cause, 332
with, 134 on liability and compensatory damages employee benefits
detective vehicle component, after punitive award reversed, 251 Employee Retirement Income Security Act
plaintitt need not prove to recover evidence of prior punitive awards required (ERISA),
under, 171 before appellate court will review jury trial,
impaired value of car, 384 additional award for excessiveness, |] plaintiff entitled to where claim
repair car und er extended service contract, EXCESSIVE, rooted in traditional contract
failure to, 250 in light of BMW pr. Gore, 384 law, 136
product packaging isolated, purely economic incident, 385 no preemption,
contract terms enclo sed, entorceable, 91 not dischargeable in bankruptey where claims to collect benefits employer
telephone company awarded against debtor for fraud, 134 refused to pay after business was
ounding-up policy, rot excludable trom gross income, 51 sold rather than closed, 136
1D Copr ANN. § 28-3901 plainuff may receive both RICO treble state laws governing prevailing wages
, State claims under, damages and state law punitive damages and exemptions for apprenticeship
failure to, 250 for same conduct, 172 programs, 135
led rate doctnne, taxability “partner” was protected employee, 152
failure to disclose claims barred allocation of proceeds in settlement termination to prevent benefit
by, 250 agreement did not control proceeds’ tax vesting, 152
Uniform Commercial Code effect, 291 long-term free-lancers entitled to 401(k)
m paired Valuc Of car , 384 punitive damages, savings and stock option benefits, 13
not excludable trom gross income, 51 pension,
Damages retroactive reduction of,
Employment Law unconstitutional, 14
apportionment of liability §$ 510 prohibits employer interference
yased on fault of unn. umed th urd parties, age discrimination with attainment of nonvesting welfare
unconstitutional » 32 Age Discrimination in Employment Act benefit plan rights, 214
VONparty parent’s negligence may be ADEA), Equal Pay Act
considered in assessing defendant's apartment complex manager, 252 equal wages to both sexes, pay,
percentage of faulltt in child’s injurv, 212 damages, failure to, 189
contribution 64-year-old could recover three fair labor standards
co-obl1.)i gor not enutled to where he did not years’ front pay, 252 overtime compensation,
xv more than his proportionate share of Social Security benefits not deducted police sergeants and licutenant
onginal common liability, 91 trom backpay awards, 252 not entitled to, 135
distress damages “partner” was protected employee, 152 fiduciary duty, breach of
wstander’s perception of accident may be termination of older partners, 152 insurance company aids agency in avoiding,
established through nonvisual senses, 211 worker need not return severance commission payments, 292
ther who defended paternity action could benefit before bringing claim First Amendment rights
not suc for, 330 where release detective, 135 violation of,
timber trespass case, arbitration report of sexual harassment
plaintifts could recover, 331 enforced, by public official’s assistant, 294
New Mexico sets out test Amencans with Disabilities Act (ADA) and retaliation for voicing, concern
or contemporaneous sensory perception Family and Medical Leave Act (FMLA) over county practices, 294
bystander cases, 1] claims pursuant to stockbroker teacher fired after criticizing school’s
fenn essee abandons zone of danger test agreements, 53 child-abuse-reporting procedures, 333
i bystander cases, 51 no liability for appointing allegedly fraud
economic loss rule biased arbitrator, 15 offer to pay bonus upon relocation, 1 72
precludes tort liability for property not entorced, scheme to avoid paying commissions, 292
mage trom detective goods where risk ADA and FMLA claims where contract good faith and fair dealing, covenant of
was toresceable at time of purchase, 12 ambiguous and entered into betore breach of,
exclusion from wrongful death suit statutes enacted, 54 termination to prevent vesting of stock
heir omitted trom wrongtul death suit provision requiring arbitration of civil options used to lure employee
could recover against filing heirs, 171 rights claims violates public policy to company, 293
general damages and is not governed by Federal handicap discrimination
until must request jury instruction Arbitration Act, 332 Americans with Disabilities Act (ADA),
to avoid waiving objection to specials-only where dispute resolution process is claims of person with AIDS did not
verdict, 12 controlled by employer, 14 survive him after death, 386
lost job opportunity contract, breach of collection of disability benefits,
plainutt could not recover where handbook procedures, does not prevent ADA suit , 253, 368
damages were not pleaded and proven emplovee accused of sexual no protection under,
iS special damages, 52 harassment, 385 asbestosis, 55
pain and suffering damages layoff of complaining employee, 385 carpal tunnel syndrome, 369
to decedent's personal representative, implied, chemotherapy side effects, 55
illowable where plainutf died during not to fire without good cause, protection under,
appeal, 251 law firm secretary /paralegal, 253 correctable near-sightedness, 215
parental consortium machine operator, 385 diabetes, 369
loss ot. plainuitt could assert absent oral employee with knee condition fired, 386
LR-6
Employment Law - Family Law
summary judgment inappropriate where to deduct unemployment child-abuse-reporting procedures and
wheelchair user treated more severely compensation, 214 reported suspected abuse, 333
than nondisabled employee, 386 front pay, workers’ compensation protection,
reasonable accommodation, may be awarded in addition to damages punitive damages and front pay
request, failure to, for lost earning capacity, 214 appropriate because they serve
may not bar claim by employee lost earning capacity, 189 different purposes, 93
with mental illness, 54 may be awarded with front pay, 214
retaliatory discharge, mitigate, duty to, Evidence
human services technician, 25 3 attending school after diligent
individuals can be sued under ADA but unsuccessful job search admissible
antiretaliation provision, 25 3 satisfies, 214 computer-generated animation
status as “qualified individual with punitive, as demonstrative exhibit, 254
a disability” not relevant extremely egregious conduct, corroborating testimony presented
in bringing claim, 369 not required for award, 173 before declarant testified, 137
state law, not required for maximun evidence of decedent’s blood alcohol level
California employer has affirmative duty under damages cap, 173 in products liability action against boat
to inform disabled employee of suitable federal damages cap, manufacturer, 94
available positions, 215 may be exceeded where conduct discoverable
promissory estoppel also violates state law, 173 hospital occurrence reports regarding
rescission of job offer, 15-employee threshold, patient’s care, 215
after employee relocates, 172 payroll method determines evidentiary rules
race discrimination whether employer meets, 53 in workers’ compensation court,
air traftic controller specialist, 252 protects former employees from may be less restrictive, 295
physician was independent contractor retaliation, 92 expert testimony
and could not bring claim based on denial tortious interference Daubert factors applicable
of hospital privileges, 93 agency agreement, 292 to scientific knowledge do not apply
self-critical analysis privilege manager lays off complaining emplovee, 385 to testimony based on engineer's
did not protect emplover’s affirmative wrongful discharge training, and experience, 335
action documents from discovery, 54 whistleblower protection, expert improperly allowed to present
sex discrimination breach of implied contract and comparison evidence on products that were
disbelief of proffered reason, constructive discharge without due substantially different or sold at
sufficient for intentional discrimination process where director who later time, 15
finding, 93 encouraged nurses to falsify data expert testimony based on brain scan taken
42 U.S.C. § 1983, is reinstated, 213 while patient was on medication was
exhaustion of remedies not required, 13 emplovee fired after complaining, inadmissible as unreliable, 254
Title VII does not preclude claims about waste-hauling billing practices, litigant who calls treating physician
under, 13 293 to testify on standard of care must provide
harassment by private party, emplovee fired after coworker’s sexual expert witness declaration, 174
employer liable where it ratifies harassment suit, 385 on microscopic hair analysis,
or acquiesces in harassment, 213 employee fired after reporting employer requires showing of underlying method's
hostile work environment, fraud on government contracts, 92, 92 reliability, 94
assault and battery, 331 employee offered demotion after providing inadmissible
intentional infliction of emotional information to authorities and to prove debt amount,
distress, 331 testifving before grand jury, 212 note ledger from bank, 294
law firm secretary /paralegal asked employment contract, failure to renew, repressed memories
to “cover” for partner’s affair, 253 bona fide complaint of unsafe working of sexual abuse,
personnel recruiter, 213 conditions, 213 recalled under influence of sodium amytal,
restaurant employee, 13,213 in-house attorney could not bring claims witness could not testify about, 334
retail store workers, 331 if proof required disclosure of client recovery of,
supervision, negligent, 331 confidences, 93 not reliable, 335
tenant who cleaned apartments, 93 not limited to retaliation for reporting scientific evidence
independent contractor protected emplover violations, 293 Tennessee clarities admissibility
from discrimination in negotiation and pathologist fired after critical comments standards for, 386
performance of government and refusal to perjure self, 333 sexual history evidence
contracts, 93 policeman terminated after reporting properly admitted in suit alleging tortious
promote, failure to, excessive force, 333 transmission of herpes, 174
engineer, 189 state and federal whistleblower spoliation
punitive damages, 173, 173, 173 protection laws do not preempt state defendant had no duty to preserve evidence
retaliation, action for wrongful discharge, 213 for plaintifis’ use against third party, 334
alien without work authorization could state public policy violation not intentional,
bring Title VII claims, 13 required to bring state wrongful destruction of potential evidence
strong presumption against discrimination discharge claim where federal law satisties intent element, 55
where same person hired and fired violated, 213
plaintiff, 94 state statute prohibiting retaliation
Title VII for “refusing to remain silent” does
damages, not require employer directive adoption
backpay awards, of silence, 173 Tennessee statute allowing disclosure of
trial court has discretion whether teacher who criticized school’s adoption records is constitutional, 175
LR-7
Family Law - Insurance
Vermont statute denying adoptees’ Government Liability Insurance
nhentance nghts trom collateral kin is
unconstitutional, 56 city liability automobile insurance
child support maintenance of premises, improper, 256 duty to defend,
calculation of, repair traffic light, failure to, 296 insurer that breaches is liable
based on state guidelines, secure apartment, failure to, 256 tor default judgment even where no
encumbered cash reserve constituted swimming pool, coverage, 176
income for purposes of, 387 supervision, inadequate, 337 third-party claims,
must be based only on those children training, investigate, failure to, 58
tor whom the court is determining CPR, inadequate, 337 settle, failure to, 58, 218
support, 255 county liability tortfeasor’s release of bad faith claims
debtor could not discharge court-ordered inmate, in exchange for payment violates public
attorney tee obligation ansing check on, failure to, 138 policy where tortfeasor later
trom child support litigation, 216 psychological problems, declares bankruptey, 257
father could sue for out-of-wedlock child’s screen, failure to, 138 underinsured /uninsured motorist claims,
wrongful death despite failure to make Eleventh Amendment bad faith delay, 218
regular support payments, 16 bar to breach-of-contract action against insurer may be liable for more than
tather who conceived child betore reaching school even though third party agreed policy limits where it fails to pay
age of legal consent must pay, 95 to indemnity it, 297 when liability is clear and damages
personal injury settlement proceeds Federal Tort Claims Act (FTCA) exceed limits, 218
constitute income available for, 137 border patrol pursuit, improper, 256 reimbursement clause unenforceable
voluntary, contractual obligation claim for wrongful death of service member until insured is made whole, 258
for automatic increases is entorceable, 15 not barred by Feres doctrine, 57 business insurance
custody discretionary function exception, all-risks policy,
mother could use secret recordings park service treatment of diving deceptive trade practices, 97
of father’s conversations with children hazards, 96 property damage,”
as evidence in custody hearing, 335 fireman’s rule commercial dock,
private guardians ad litem in private no bar to police officer’s personal injury pay claim, failure to, 97
custody proceedings are immune from tort claim, 176 fire loss claim,
actions arising from official acts, 217 municipal liability deduction of depreciation trom repair
in vitro fertilization bus Stop, estimate, 257
wite providing eggs did not have sole right concrete pad, lack of, 388 investigate, failure to, 229, 257
to control post-divorce disposition maintenance, improper, 388 oppressive /unfair tactics,
ot trozen embrvos, 336 lead paint, timely abate, failure to, 388 use of, 229, 257
marital property police, pay, failure to, 229
mnucipated social security benetits do not had duty to exercise reasonable care when forum-selection and choice-of-law clauses,
constitute, 296 they took exclusive control of hostage unenforceable, 139
contingency fee contracts do not situation, 217 pollution exclusion,
constitute, 56 suicidal remarks, communicate, did not apply to sick-building claims
ERISA preempts state law allowing failure to, 138 caused by inadequate ventilation, 297
NONPArLicipant spe nuse’s testamentary school crossing, guard, sexual harassment claims,
transter of interest in undistributed positioning of, improper, 19 duty to defend under Maine law, 338
pension benetits, 216 train, failure to, 19 statutory bar on intentional act coverage
punitive damages award may constitute, 16 sidewalk, maintenance, improper, 175 did not abrogate duty to defend, 58
tnal court erred in applying presumption parks department liability “sudden and accidental” loss cov crage,
of equitable distribution, 387 hazardous trees, identify, failure to, 96 covered damage to dairy herd from stray
paternity sheriff liability electric voltage, 298
child’s best interests should be assessed high-speed chase, travel accident insurance,
betore adjudication ot, 295 department procedures, violation of, 33 executive contracts fatal illness,
premarital agreement state liability wrongful denial of benefits, 389
may not be valid if one party was not bridge, road surface, disability insurance
advised to seck independent counsel slippery, 19 policy not void ab initio despite insured’s
betore signing it, 255 worn, 19 alleged misrepresentation in procuring
punitive damages highway, policy, 177
award may constitute marital property, 16 guardrail, wrongful termination of stock trader’s
same-sex Marriage anchor, properly, failure to, 138 benefits after “independent medical
Hawaii statute denying marnage licenses shape, improper, 138 exams,” 388
to same-sex couples is unconstitutional, 15 intersection, “your occupation,”
visitation danger US, 138 refers to precise work insured was
children do not have standing to seck traffic signals, install, engaged in at time of injury, 389
court-ordered visitation with siblings failure to, 138 Employee Retirement Income Security
under Pennsvivania law, 95 median barrier, lack of, 57 Act (ERISA)
de facto parent not entitled to court-ordered shoulder, decisions of insurer that administers and
visitation, 175 resurface, failure to, 217 funds plan may not be entitled to
Ilinois unlawful visitation interference warning signs, place, failure to, 217 abuse-of-discretion review
statute is constitutional, 56 township liability standard, 390
lesbian mother’s estranged partner could intersection, dangerous, 138 fiduciary duty, breach of,
sue for, 370 see also Automobile Accidents insurer’s state action for reimbursement
LR-8
Insurance - Medicine
of medical expenses preempted, 20 as “slut” may constitute, 60 skull fracture, diagnose, failure to, 259
plan operators, litigation privilege against, surgery, emergency, perform, failure to, 179
embezzlement, 97 does not apply to allegedly defamatory endocrinology
extra fees, 97 statements made during press craniopharyngioma, diagnose, failure to, 140
self-dealing, 97 conference, 20 family practice
replacement of benefit plan with annuity New Mexico company could be sued brain abscess, diagnose, failure to, 61
trom junk bond porttolio, 59 in Arizona for posting, allegedly defamatory cancer,
health insurance statements on Internet, 98 testicular, diagnose, failure to, 139
application’s “to the best of my knowledge” republication of foreign governments’ coronary artery, anomalous, diagnose,
standard controls over statutory bar defamatory statements is protected by failure to, 179
for material misstatements, 59 Pennsylvania’s fair report privilege, 259 neurological deterioration,
denial of claim, eavesdropping signs of, failure to recognize, 61
high-dose chemotherapy with peripheral federal wiretap statute did not prohibit pulmonary embolization, in differential
stem cell rescue, 219 newspaper from publishing transcript diagnosis, consider, failure to, 99
preauthorized surgery, 177 of illegally recorded phone subclavian arterial aneurysm,
“noncancellable insurance,” conversation, 391] treatment of, improper, 22
bad faith, 19 Michigan’s cavesdropping statutes prohibit gastroenterology
exorbitant premiums, 19 third parties from secretly recording and hospitalize patient, failure to, 99
fraudulent marketing, 19 broadcasting conversations, 219 infection, diagnose, failure to, 99
injunctive relief pending arbitration may reporter’s secret recording of interviewee general surgery
be granted only where necessary to did not violate eavesdropping statutes, 299 blood vessels,
preserve effectiveness of arbitration, 219 false arrest constriction of, 339
long-term care, teen wrongfully accused of shoplifting, 390 tearing of, 339
custodial care exclusion does not bar woman detained by store employees, 178 Crohn’s disease, diagnose, failure to, 260
coverage for comatose patient, 338 invasion of privacy dialysis catheter cuff, misplacement of, 61
mental illness coverage limitations, opposing counsel’s unauthorized use experience, inadequate, 392
did not violate ADA, 390 of plaintiff's mental health records hepatic duct, severed, 340
preexisting conditions, constituted, 258 laparoscopy, negligent, 99, 260, 340, 392
breast lump diagnosed as cyst but later reporter’s secret recording of interviewee moving during surgery, negligent, 340
found to be cancerous is not, 219 did not constitute, 299 saddle embolus, treatment of, improper, 99
homeowner insurance tabloid’s misrepresentation of “exclusive” sponge, laparotomy, remove, failure to, 140
earthquake protection, interview constituted actual malice in surgical towel, remove, failure to, 99
bad faith repair estimates, 257 invasion of privacy suit, 339 vessel tear, negligent, 340
contract, breach of, 257 workers’ comp exclusivity bar gynecology
water damage claim, no bar to intentional tort claims, 299 breast cancer, timely diagnose,
contract, breach of, 337 failure to, 259, 300
denial of, bad faith, 337 Medicine misdiagnosis of, 392
intentional act exclusion laparoscopic surgery, negligent, 61
did not apply to father’s liability mastectomy, unnecessary, 392
|. Specific Misconduct
for son’s vandalism, 298 medical group liability,
did not prevent coverage where insured shot ambulance company liability ectopic pregnancy, diagnose,
gun toward ground, 298 reintubate, failure to, 99 failure to, 99
may not apply to sexual molestation anesthesiology surgeon, refer to, failure to, 300
by minor, 298 extubation, premature, 340 health maintenance organization liability
life insurance intubation, improper, 99 Crohn’s disease, diagnose, failure to, 260
exclusion for suicide within two vears not lines, sufficient for proper resuscitation, surgical towel, remove, failure to, 99
enforceable where agent represented provide, failure to, 340 hospital liability
transaction as coverage increase, 389 monitoring, improper, 340 breast cancer,
incontestability clause enforceable even supplemental oxygen, provide, misdiagnosis of, 392
though impostor took physical exam, 177 failure to, 340 complications during surgery,
Racketeer Influenced and Corrupt cardiology anesthetist and nurse’s negligent
Organizations Act (RICO) angiogram, performance of, negligent, 260 response to, liability for, 340
ERISA plan operators, 97 bypass surgery, Coumadin, administer, failure to, 300
underwriting agreements unnecessary recommendation of, 260 drug intoxication, diagnose,
torum-selection and choice-of-law clauses cardiothoracic surgery failure to, 392
are void as they pertain to federal angiogram films, review before surgery, emergency cesarean section, perform,
securities violations, 139 failure to, 260 failure to, 260, 371
clinic liability emergency medicine,
intentional Torts pulmonary embolism, diagnose, skull fracture, diagnose, failure to, 259
failure to, 61 equipment, appropriate, provide,
assault and battery urethral valve condition, diagnose, failure to, 340
employer ratification of, 178 failure to, 339 fetal distress, properly respond to,
civil aiding and abetting emergency medicine failure to, 37
First Amendment protects murder manuals’ compartment syndrome, diagnose, impaction, diagnose, failure to, 99
publisher from liability for, 21 failure to, 179 intensive care unit,
defamation orthopedic surgeon, refer to, adequately staff, failure to, 340
accusation of shoplifting, wrongful, 390 failure to, 179 Mareaine, use of in paracervical block,
fiction article describing character seizures, improper treatment of, 99 negligent, 392
LR-9
Medicine - Negligence
ingitis, diagnose, failure to, 300 potassium, administration of, negligent, 179 value, 21
nonitoring, improper, 340 pediatrician lost opportunity to avoid physical harm
of infant, 140 congenital cataract, diagnose, less than death
ursing negligence, failure to, 61 no cause of action for in Michigan, 300
Nonitoning, improper, 22 intubation, improper, 99 negligent credentialing claim
roti physician of patient’s symptoms, meningitis, timely diagnose, failure to, 140 hospital immune trom absent proof
failure to, 22 physician’s assistant liability of malice, 301
patient's condition, assess, brain abscess, diagnose, failure to, 61 no-fault compensation plan
ilure to, 99 neurological deterioration, Florida obstetrics patients must receive
signs of, failure to recognize, 61 predelivery notice of providers’
, incompetent primary care physician liability participation in, 340
agnose, failure to, 61 refer to cardiologist, failure to, 391 patient identity
: stabilize hypertension, failure to, 391 hospital not compelled to identity patient
pertorm, failure to, pulmonology who shared plaintiff's room during
fetal monitoring, improper, 2 pulmonary emboli, alleged incident,9 9
postdelivery bleeding recurrent, repose statute
Nanagement of, im , 22 diagnose, failure to, 22 does not bar suit where misdiagnosis
oxygen, supple mental, radiology discovered four vears after statute
tilure to, 340 cerebral angiogram, expired, 300
improperly performed by unskilled resuscitative treatment
‘sarean section, perform, resident, 179 no cause of action in Ohio tor wrongtul
supervision during, inadequate, 179 administration of, 22
tap, performance of, negligent, 301 craniopharyngioma, diagnose, standard of care
towel, remove, failure to, failure to, 140 national standard applies to Mississippi
unnecessary surgery, 392 mammogram, defendants’ 1975 actions, 339
internal medicine misread, 22 sterilization procedure
sast cancet read, failure to, 61 performance of, negligent,
neehly « il iagnose, failure to, resident liability physician may be liable for, 178
coronary artery disease monitoring, improper, 179
diagnose, failure to, 22 potassium, administration of, negligent, 179
~ era urology lil. Medical Negligence Statutes
timely treat, fa
laboratory liability surgical towel, remove, failure to, 99 Employee Retirement Income Security
prostate cancer, misdiag t, 3 vascular surgery Act (ERISA)
neuro-ophthalmology ancurysm rupture, impending, court denies removal based on ERISA
chondrosa g failure to, 173 diagnose, failure to, 140 preemption, 140
neurology no preemption of,
chondrosarcoma, dik , failure to, 178 . . medical negligence claims, 259
nurse practitioner negligence Il. Medical Legal Theories suit alleging HMO’s financial plans
diagnostic tests, perform, f 392 arbitration program caused hospital’s negligence, 62
risk hospital, reter ther to, alleged fraud in administering program suit alleging negligent physician
re to, 392 justified denial of arbitration petition, 300 referral by health plan, 392
eter to obstetrician in light h bankruptcy preemption of,
y esentation, failure to, award based on physician’s intentional claims involving HMOs incentive
obstetrics misrepresentation not dischargeable, 179 system, 259
rean section, timely, award dischargeable absent proof physician
perform, failure to, acted willfully and maliciously, 260 Ne li ence
clivery, negligent, emotional distress damages gllg
fetal monitoring, improper, 2 parents could recover for negligent assumption of risk defense
forceps delivery, negligent, sullbirth, 300 bars recovery for injuries received in ski
Marcaine, use of in paracervical block experts collision, 23
procedure, nt, internist who specialized in medical babysitter liability
postdelivery bleeding, oncology could testify regarding family shaken baby syndrome, 301
m mproper, 22 practitioners’ standard of care, 392 boat operator liability
preterm labor, diagnose, failure to, 140 immunity lookout, improper, 23
tocolytic therapy, paramedics not entitled to where speeding, 23
timely administer, failure to, 140 governmental factors did not affect their bus company liability
ophthalmology treatment decisions, 62 handrail retrofit,
chondrosarcoma, diagnose, insurance agents perform, failure to, 341
failure to, 178 conversations with, church association liability
orthopedic surgery physician must testify about, 300 for supervisor's negligence in slamming
hip prosthesis, limitations statute volunteer’s hand in van door, 261
placement of, negligent, 140 negligence statute applies to claim that contact sports participants
intormed consent, inadequate, 140 hospital distributed HIV-contaminated not liable to other players for injuries
surgery, negligent, 140 blood, 99 resulting from simple negligence, 301
pathology lost-chance-of-survival damages contractor liability
prostate cancer, misdiagnosiosf , 340 in Louisiana, installation of water lines, negligent, 180
pediatric surgery plaintiff must show victim’s chance, dog owner liability
monitoring, improper, 179 detendant’s deprivation, and chance’s control dog, failure to, 141
LR-10