Archives Continued

IN BRIEF:

Employment Law - Employers are Strictly Liable for Sexual Harassment by Supervisors in California

Civil Procedure - New York Clarifies Collateral Estoppel Effect of Prior Administrative Determination

Tort Law - Texas Hospital Is Not Liable for Providing Emergency Care to Infant over Parents' Objections

Constitutional Law - Ninth and Eleventh Circuits Split on Whether Agency is an "Arm of the State" Under the Eleventh Amendment

IN BRIEF:

Tort Law - New York Court Clarifies the "Open and Obvious" Doctrine

Civil Procedure - Fifth Circuit Concludes That Registered Foreign Corporation is a Resident for Purposes of a Borrowing Statute

Insurance Law - California Insurance Guarantee Association May Take an Offset for Other Insurance
Payments

Jurisdiction - Texas Limits Applicability of Fiduciary Shield Doctrine

IN BRIEF:

Torts - Texas Legislature Makes Significant Changes to Texas Tort Law

Litigation - California Court Holds That Attorney-Client Privilege May Survive the Dissolution of an Organization

Employment Discrimination - Plaintiffs in "Mixed Motive" Title VII Cases May Pursue Claim Based on Circumstantial Evidence

Municipal Liability - An Unreasonably Long Detention May Subject New York Municipality to Civil Rights Liability

IN BRIEF:

Appellate Practice and Procedure - Texas Appellants Are Not Required to Admit That the Notice of Appeal Was Untimely to Obtain Extension of Time

Arbitration - Arbitration Agreement Permeated With Illegal Terms May Not Be Enforceable

Zoning Law - New York Court of Appeals Holds That Localities May Not Independently Define the Scope of Review of Zoning Area Variances

Civil Procedure - California Statute of Limitations for Recovery for Latent Construction Defects Is Not Subject to Equitable Tolling

IN BRIEF:

Attorney Malpractice - Plaintiffs Must Prove "But For" Causation in Transactional Malpractice Claims

Civil Rights - Georgia County Sheriffs are State Officials Immune From Civil Rights Suits

Medical Malpractice - Texas Supreme Court Construes Good Samaritan Statute Broadly

Insurance Law - New York Court of Appeals Holds That Pollution Exclusion Endorsement Did Not Apply to Paint Fumes Inhalation

IN BRIEF:

Class Actions - California Supreme Court Rules That Individual Issues Predominate in Medical Monitoring Class Action

Sovereign Immunity - Texas Supreme Court Bars Suits Against State Mental Health Facilities Under the Patient?s Bill of Rights

Employment Law - New York Court of Appeals Rejects Request to Extend Exceptions to At-Will Employment Doctrine

Civil Rights - Private Parties Alleged to Have Conspired With Public Officials Cannot Claim Qualified Immunity in Federal Civil Rights Lawsuits