CGL wars; sudden or just unexpected?
Article Abstract:
Comprehensive general liability (CGL) policies received different interpretations in the supreme courts of Ohio and Florida, making different sides liable for the costs of environmental cleanup. CGL policies commonly used between 1970 and 1985 typically exclude liability for 'sudden and accidental' pollution, and the meaning of 'sudden' was at issue in these cases. The Ohio court ruled that 'sudden' must mean quickly or the word would not add anything to the phrase 'sudden and accidental,' but the Florida court found the phrase 'sudden and accidental' to be legally ambiguous.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1992
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Fourth Amendment; Illinois curbs grand juries
Article Abstract:
The Illinois Supreme Court limited the use of grand jury subpoenas in Will County Grand Jury v. Marquez, citing the right to privacy in the Illinois Constitution. The grand jury was investigating a murder case and wanted physical evidence including hair combings from suspects who had not yet been charged. The court ruled probable cause must exist before evidence as invasive as hair combings could be secured.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1993
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Getting personal
Article Abstract:
The California Court of Appeal allowed a preliminary injunction of a psychiatric test used by Target stores to screen security guard applicants. The test asks questions on religious beliefs and sexual preferences and practices. The court held that Target had not justified the test's use, and that the state's constitutional right-to-privacy amendment 'can only be overcome by a compelling argument.'
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1992
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- Abstracts: Undoing done deals; outsiders object to settlements in asbestos, derivative suits. Putting the brakes on junk analysis; a tire case pumps up judicial power over opinion testimony
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