November 3, 2000

7th Circuit Court of Appeals

ADA - Summary Judgment

Leon Szymanski, Plaintiff-Appellant, v. Rite-Way Lawn Maintenance Co., Inc., Defendant-Appellee. .District Court erred in granting summary judgment for defendant where defendant claimed complainant was never hired and complainant said he was employed but terminated by landscaping company because he was a double amputee.

http://www.ca7.uscourts.gov/fox/foxweb.exe/Op3?submit1=showop&caseno=99-4334

Civil Procedure - Discovery

Kalis v.Colgate Palmolive. Plaintiff who failed to properly comply with discovery will not be relieved of that failure in summary judgment proceeding. In this product liability action, Plaintiff attempt to file affidavit which conflicted with prior deposition testimony and failed to request leave to withdraw admissions (which were admitted when not denied) was not timely.

http://www.ca7.uscourts.gov/fox/foxweb.exe/Op3?submit1=showop&caseno=99-3343

Title VII - Homosexual comments

Spearman v. Ford Motor Company. Employee has no claim against employer for alleged harassment based upon perception that employee was a homosexual. "Title VII is not a "general civility code" for the workplace, it does not prohibit harassment in general or of one's homosexuality in particular. Likewise, sexually explicit insults that arise solely from altercations over work-related issues, while certainly unpleasant, do not violate Title VII."

http://www.ca7.uscourts.gov/fox/foxweb.exe/Op3?submit1=showop&caseno=99-3538

Nebraska Appellate Court

Chrysler v. Lee Jansen Motor. Auto Manufacturer termination of dealership was appropriate where dealership falsified warranty information to obtain payment for services to vehicles that should not have been covered by warranty.

http://court.nol.org/opinions/2000/october/a99-1082.htm

Indiana Appellate Court

Products Liability - FMVSS does not preempt state claims

Rogers v. Cosco. Federal Motor Vehicle Safety Standards do not preempt state product liability claims where FMVSS does not address specific issue raised in instant claim - ie., safety of child safety seat installed by manufacturer in vehicle.

http://www.state.in.us/judiciary/opinions/archive/11020001.wwr.html

Products Liability - Damage to Product Itself

Hitachi Construction Company v. Amex Coal Co. Indiana Product Liability Act precludes action for damages caused to product itself even if damage was sudden and calamitous however breach of warranty action is still available to product purchaser.

http://www.state.in.us/judiciary/opinions/archive/10310001.lmb.html

Medical Malpractice - Summary Judgment

Narducci v. Tedrow. Indiana will not apply res ipsa loquiter theory of liability to operation where patient's spleen was damaged during procedure because whether such trauma can happen absent negligence is not within a layperson's common knowledge and absent evidence of negligence, surgeon is entitled to summary judgment.

http://www.state.in.us/judiciary/opinions/archive/10300010.jgb.html

Telephone Solicitation.

Public Act 91-761 makes it an unlawful act or practice and a violation of the Telephone Solicitations Act for any person engaged in telephone solicitation to obtain or submit for payment a check, draft, or other form of negotiable paper drawn on a person's checking, savings, or other account or on a bond without the person's express written consent. Effective Jan. 1, 2001.

Corporate Names with Fictitious Addresses.

Public Act 91-906 amends a number of statutes to prohibit the use of an assumed or fictitious business name that intentionally misrepresents where the business is actually located or operating or that falsely states that the business is located or operating in the area covered by the telephone directory. Effective Jan. 1, 2001.