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Name Category Published
Uspenskaya v. Meline
Payment made by medical lien purchaser properly excluded because, absent evidence payment represented reasonable value of treatment, risk of prejudice greatly outweighed probative value.
Torts Oct. 29, 2015
Bikkina v. Mahadevan
Former university professor fails to strike engineer's defamation lawsuit accusing him of sabotaging engineer's reputation.
Torts Oct. 12, 2015
Shiffer v. CBS Corp.
Worker's mere presence in room where asbestos-containing products were being installed was insufficient to hold products manufacturer liable for his developing mesothelioma.
Torts Oct. 2, 2015
Grace v. Mansourian
Defendant who ran red light, causing accident, had no reasonable basis to deny liability and must, thus, pay for costs plaintiff incurred in proving liability.
Torts Sep. 17, 2015
Barker v. Fox & Associates
Caretaker's defamation claim is subject to special motion to strike under anti-SLAPP statutes because he failed to meet burden to show likelihood of prevailing.
Torts Sep. 14, 2015
Bobbitt v. Milberg LLP
Malpractice class action may proceed in Arizona where initial denial of class certification was based on court's erroneous view of proper choice of law.
Torts Sep. 11, 2015
Shiffer v. CBS Corp.
Worker's mere presence in room where asbestos-containing products were being installed was insufficient to hold products manufacturer liable for his developing mesothelioma.
Torts Sep. 10, 2015
Johnson v. U.S. Steel Corp.
Summary judgment erroneously granted in products liability case because record did not contain evidence negating existence of a design defect under consumer expectations test.
Torts Sep. 3, 2015
Puskar v. City and County of San Francisco
Public entity not liable for injuries suffered by tenant in fire due to absence of fire extinguisher in residence.
Torts Aug. 31, 2015
Soto v. BorgWarner Morse TEC
Punitive damages award in asbestos-related mesothelioma case reversed where plaintiffs fail to provide meaningful evidence of defendant's financial condition.
Torts Aug. 24, 2015
Lattimore v. Dickey
Survivor may maintain medical malpractice action against gastroenterologist for wrongful death of her father.
Torts Aug. 24, 2015
Cordova v. City of Los Angeles
To support tort claim against city where negligent third party actor caused plaintiff to encounter dangerous condition in public space, plaintiff need not show dangerous condition caused third party's negligence.
Torts Aug. 14, 2015
Soto v. BorgWarner Morse TEC
Punitive damages award in asbestos-related mesothelioma case reversed where plaintiffs fail to provide meaningful evidence of defendant's financial condition.
Torts Aug. 6, 2015
Chadd v. United States of America, National Park Service
Discretionary function exception applies to National Park Service's decision to use non-lethal methods to manage goat who killed visitor, thus barring tort suit.
Torts Jul. 27, 2015
Navarrete v. Meyer
Passenger may be liable for encouraging driver to race through dips, causing car to go airborne and fatally strike father.
Torts Jul. 22, 2015
Bermudez v. Ciolek
Medical damages award to uninsured bystander must be reduced where award is based on amount incurred rather than reasonable value of past services.
Torts Jul. 21, 2015
Z.V. v. County of Riverside
Foster child assaulted by social worker cannot hold Riverside County liable for assault because it occurred outside scope of social worker's duties.
Torts Jul. 19, 2015
Sherman v. Hennessy Industries Inc.
Exception to rule barring liability for harm caused by another's product applies where manufacturer's asbestos-releasing machine contributes substantially to the harm.
Torts Jul. 9, 2015
Chavez v. 24 Hour Fitness
Summary judgment on gross negligence claim against gym reversed, as potentially spotty record-keeping provides basis for triable issue of fact.
Torts Jul. 8, 2015
CHMM LLC v. Freeman Marine Equipment Inc.
Yacht owner may proceed with its tort claims against door manufacturer for alleged damages caused to yacht's interior.
Torts Jun. 29, 2015
Addington v. US Airline Pilots Association
Pilots entitled to injunctive relief where union did not have a legitimate purpose for abandoning arbitration award.
Torts Jun. 28, 2015
Bermudez v. Ciolek
Medical damages award to uninsured bystander must be reduced where award is based on amount incurred rather than reasonable value of past services.
Torts Jun. 23, 2015
Navarrete v. Meyer
Passenger may be liable for encouraging driver to race through dips, causing car to go airborne and fatally strike father.
Torts Jun. 22, 2015
Sherman v. Hennessy Industries Inc.
Exception to rule barring liability for harm caused by another's product applies where manufacturer's asbestos-releasing machine contributes substantially to the harm.
Torts Jun. 18, 2015
Pavoni v. Chrysler Group LLC
Chrysler may be liable for elderly couple's death caused by alleged 'false park' design defect in Chrysler vehicles.
Torts Jun. 17, 2015
Doe v. Nestle USA Inc.
Former child slaves who were forced to harvest cocoa in Ivory Coast may sue corporations for aiding and abetting child slavery by assisting Ivorian farmers.
Torts Jun. 10, 2015
Chan v. Curran
Plaintiff who prevailed in medical malpractice action fails to convince judiciary to apply 'changed circumstances' analysis to MICRA's $250,000 cap on noneconomic damages.
Torts Jun. 9, 2015
Jimenez v. 24 Hour Fitness USA
General presumption that fact-intensive gross negligence claims should proceed to a jury, especially where some deviation from 'industry standard' can be shown.
Torts Jun. 9, 2015
Whitlow v. Rideout Memorial Hospital
Hospital not entitled to summary judgment where triable issue of fact remains regarding ostensible agency.
Torts Jun. 9, 2015
State Dept. of State Hospitals v. Superior Court
Department of Mental Health has a duty under the Sexually Violent Predators Act but plaintiff cannot establish its alleged breach caused her sister's death.
Torts Jun. 1, 2015