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Opinion Digests

Workers' Comp – Occupational Disease – Rotator Cuff Tendinitis (access required)

A physician’s statement that claimant’s 11-year employment as a barber, during which she cut hair at shoulder level and above, “would definitely bring on and exacerbate rotator cuff tendinitis, which she has,” was not sufficient to allow her to collect ...

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Civil Rights – Sexual Harassment – Title VII – Prison Counselor (access required)

An employer that held a training session on sexual harassment two days after an incident of harassment cannot be held liable under Title VII to the prison employee who claimed she was harassed after she was singled out for wearing ...

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Products Liability – Tylenol – Liver Damage – Breach Of Warranty (access required)

A jury award of $7.8 million in compensatory and $350,000 in punitive damages, is upheld in a suit alleging the manufacturer of Tylenol breached an implied warranty and negligently failed to warn of potential liver damage resulting from mixing Tylenol ...

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Civil Rights – Prisoner Assault – Qualified Immunity – Premature Appeal (access required)

This court dismisses as “improvidently” granted the denial of defendant correctional officers’ claim that there was insufficient evidence to warrant a trial of plaintiff’s claim that the officers violated his civil rights by failing to intervene in a jailhouse assault. ...

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Civil Rights – Employment Discrimination – Disabilities Act – Bipolar Disorder – Time Limits (access required)

Plaintiff’s allegation that his bipolar disorder prevented him from timely filing his ADA claim based on that disorder with the EEOC does not equitably toll the limitations period under the ADA, and his suit is dismissed. Plaintiff avers that he ...

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Admiralty – LHWCA – Twistlocks – Open & Obvious (access required)

The owner of a vessel had no duty to warn a longshoreman, who was injured in a lashing accident, about the obvious condition that semi-automatic twistlocks were in use, and the defendants are awarded summary judgment. Plaintiff is a longshoreman ...

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