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Law Reporter 2004 Annual Index and Table of Cases for Volume 47
Law Reporter
2004
Annual Index
and
Table of Cases
for
Volume 47
CONTENTS
How to Use This Index . . . . . . . . . . . . . . . . . . . . . . . . . LR-2
General Index by Subject . . . . . . . . . . . . . . . . . . . . . . . LR-3
Table of Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LR-11
Injury Awards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LR-25
Wrongful Death Awards . . . . . . . . . . . . . . . . . . . . . . . LR-27
©
2005 by the Association of Trial Lawyers of America, Education Fund
LR-2
How to Use This Index
The Law Reporter Annual Index is designed to make your 2004 issues of the Law Reporter a reliable and accessible re-
search 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 cov-
ered 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 47 of the Law Reporter where
the cases appear.
Table of Cases (page LR-11). This table includes the most complete citations available as of November 2004.
Injury Awards (page LR-25). 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; PAS for postarbi-
tration settlement; M for mediation. An asterisk beside an entry indicates plaintiff suffered injuries in addition to the one(s)
listed.
Wrongful Death Awards (page LR-27). This table lists the wrongful death awards reported in Volume 47 of the
Law Reporter. 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; PAS for postarbitration settlement; M
for mediation.
To Obtain Further Information About a Case. The Law Reporter provides pleadings, depositions, briefs, and other
court documents through the Court Documents section each month. That column also provides a list of Abstract Sets
each set includes a collection of case summaries appearing in the Reporter from 1993 to the present. You can also order
Ultimate Document Sets, which include documents from at least seven different cases on the topic, an Abstract Set, and
a bylined article. The best source for additional information about a case is plaintiff s counsel. The name and location of
plaintiff s counsel is provided, where possible, at the end of our report of the case. Your ATLA membership directory will
provide you with the complete address and telephone number of any ATLA member. The directory is available online at
www.atla.org.
Association of Trial Lawyers of America
Law Reporter
Leonard M. Ring Law Center
1050 31st Street, N.W.
Washington, DC 20007
Editor in Chief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Peter C. Quinn
Managing Editor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Christine M. Mollenauer
Associate Editors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Elizabeth Santoro
Courtney L. Davenport
Assistant Editor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mary Alice Patterson
Contributing Writers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lynne Stern Feiges
Liane Leshne
Publications Specialist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jennifer Thomas
Admiralty
barge
explosion of, 40
galley floor
dangerous condition of, 292
Jones Act
dangerous door, warn, failure to, 4
negligent maneuver for sea conditions, 40
scale height, improper, 4
winch, negligent maintenance, 184
lay-share fishermen
law requiring written contracts applies to,
220
leeboards
provide, failure to, 76
Longshore and Harbor Workers
Compensation Act (LHWCA)
256
lookout, improper
184
unseaworthiness
40, 112, 184
Attorneys
attorney-client privilege
unavailable to deceaseds attorney, 112
fees
agreement,
attorney can sue for tortious interference
with where settlement limited fees,
148
contingency,
limit of in early offer settlements
rejected by advisory committee, 76
fee-sharing contract,
oral agreement valid between firm and
former associate, 256
multiplier,
not allowed when fees authorized by
offer of judgment statute, 40
quantum meruit,
available where fee-sharing agreement
invalid, 148
unavailable where firm withdrew without
justification, 113
settlement,
prevailing party in § 1983 suit entitled to
fees where court retained
enforcement over, 4
identity theft statute
attorney forges name on pleadings, 77
professional conduct rules
corporate counsels permission not needed
to contact directors, 328
violated,
correct employers misstatements during
ex parte hearing, failure to, 184
inform court of all pending charges
against client, failure to, 220
provide interpreter for hearing-impaired
client, failure to, 293
retirement agreement
basing payment of benefits on permanent
retirement from practice of law allowed,
185
statements of specialization
governing rule unconstitutionally vague,
292
Automobile Accidents
crossing centerline
, 42, 77, 113, 185, 186,
294
driving
,
inattentive, 7
reckless, 41, 42, 257
under the influence, 42, 114, 222, 257,
329
unsafe for condititions, 330
without a license, 77
entrustment, negligent
149, 221
federal motor-carrier safety regulations
violations
43
insurance policy
limitation provision of unenforceable, 258
uninsured motorist, 293
lookout, improper
6, 41, 77, 114, 150, 186,
186, 186, 222, 222, 293, 294, 329, 330
operation, negligent
221, 258
passing, negligent
7, 259, 330
respondeat superior liability 7, 7, 7,
41,
221, 222, 330
roadway
blocking of, negligent, 186
vehicle left in, 330
water on, 42
speed, excessive
6, 78, 149, 221, 294, 329
stop, failure to
7, 78, 150, 257, 294
stopping, negligent
294
traffic signal, failure to obey
328, 329
turn, negligent
78, 114, 149
vicarious liability
77, 77, 78, 78, 113, 149,
186, 221, 294, 294
wantonness
293
Aviation
air speed
maintain, failure to, 151
Airline Deregulation Act (ADA)
115
care, duty of
breach of is jury question, 259
owed to September 11 victims on the
ground, 43
crew error
222
engine overhaul
negligent, 259
false imprisonment
passenger may sue for, 187
maintenance and repair
negligent, 43
passenger
assist, failure to, 79
child,
supervision of, negligent, 150
fact issue exists where agents may have
taken handbag without issuing baggage
check, 331
may sue for slander where airline employee
accused her of injuring him, 295
pilot error
222
power
maintain, failure to, 151
vicarious liability
222
Warsaw Convention
8, 8, 187
Civil Rights
Americans with Disabilities Act (ADA)
discriminatory intent, no need to show, 80
patients can enjoin county from closing
hospital, 151
private group that used publicly owned
facility must comply with, 331
refusal to accommodate patron with
disability violates, 223
refusal to allow service dog in theater
violates, 260
states not immune from liability under
Title II of , 224
arrest, false
9, 115
discrimination
application of membership bylaws to
lesbian couple, 188
attorney may sue for exclusion from court-
appointed counsel pool based on race, 332
company has racial identity, 296
FHAA
reasonable accommodation under, 9
standing to sue under, 152
force, excessive
44, 44, 116
Fourth Amendment
79, 115
imprisonment, false
187
men-only policy
in country club dining room,
violates Louisiana constitution, 260
paperless voting machines
constitutional challenge may go forward, 295
police
,
misconduct, wanton and willful, 116
Privacy Act
,
requiring voters social security numbers
violates, 9
privacy, invasion of
151
prosecution, malicious
79
protective order
police who failed to read can be sued, 115
qualified immunity
officers in deliberate indifference case not
entitled to, 79
racial profiling
44
restraining order
failure to enforce may violate due process,
223
sex offender registration
is not punishment, 331
Commercial Litigation
antitrust laws, violation of
261
bribery
261
LR-3
General Index by Subject
Admiralty - Commercial Litigation
LR-4
First Amendment
violation of, 225
Commerce Clause
dormant,
violation of, 10
contract
breach of, 80, 81, 153, 188
tortious interference with, 116
Copyright Act 332
copyright infringement
80, 116
defamation
commercial, 261
fraud
81
fraudulent inducement
45
limited liability company
manager can be personally liable for
tortious conduct of, 261
misrepresentation
81
Ponzi scheme
45
RICO
business can sue for mail and wire fraud
violations under, 333
equitable estoppel suspends statute of
li