CM Report of Recent Decisions
2004 Volume 1
A summary of significant recent developments in the law focusing on substantive issues of litigation and featuring analysis and commentary on special points of interest.
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Articles in this report
A Physician May Not Testify As To The Standard Care Of A Nurse
No longer can a defendant physician testify as to the standard of care applicable to a nurse, no matter how familiar they may be with the nurse’s job duties or responsibilities. However, the doctor may be in a position to testify as to what they expect a nurse will communicate regarding the condition of a patient.
The appellate court affirmed on two bases. First, the court held that the cause of the insured’s claimed damage did not constitute a risk of direct physical loss or damage. Second, the court held that the actual damage itself was not a physical loss
Practically speaking, the CISG is a binding convention between nations providing rules that govern contracts for the sale of goods in international commerce and does so in an economical and straightforward manner. It seeks to alleviate the choice of law problems that arise in situations where the principal places of business of the contracting parties are in different countries. Essentially, it is a uniform set of laws that is ratified by approximately sixty-two countries to date.
Going Toe-To-Toe With Your Opposing Expert
Investigate who did the underlying work? Is the opposing expert the real author, or a mere messenger? Identify the persons who performed the calculations, experiments, writing and analysis.
A suit is not required in order to trigger an insurer's duty to indemnify its insured. The insured only has to become legally obligated to pay damages for property damage.
Indiana Appellate Court Examines Insurer's Liability For Environmental Clean-Up Costs
The appellate court held that even if there is no express language in the policy, “there is an implied exception that denies liability insurance coverage for harm . . . intentionally inflicted by the insured.” Thus, all insurers were entitled to raise the “expected or intended damage” defense even if the applicable language was not expressly stated in their respective policies.
Negligent Spoliation of Evidence Claim Stated Against Insurer That Authorized Destruction Of Portion Of Sidewalk On Which Plaintiff Fell
In Dardeen v. Kuehling, 801 N.E.2d 960 (Ill. App.), an insurer’s authorization to its insured to make changes to a sidewalk without first recording the condition of the sidewalk by means of photographs or videotape gave rise to plaintiff’s claim for negligent spoliation of evidence.
A commercial seller of firearms must take precautions to prevent the theft of firearms with both a functioning alarm system and the use of vaults or other means of securing firearms inside the property to prevent their removal in the event of a break-in. Should the firearms end up in the hands of someone who misuses them, the commercial seller faces liability for any resulting injury or damage.
New Jersey Supreme Court Holds Professionals Are Not Subject To Consumer Fraud Act
A professional is shielded from the CFA unless they engage in activity outside of their professional capacity. If a plaintiff’s attorney pleads the CFA, there is now case law from New Jersey’s highest court holding that it is inapplicable. Thus, the defense can now move to dismiss.
