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Name Category Published
Jackson v. AEG Live LLC
Concert promoter’s pressuring doctor to keep Michael Jackson healthy to meet contractual obligations does not constitute negligence. 		Torts Feb. 2, 2015
Fazio v. Fairbanks Ranch Country Club
Country club cannot prevail on summary judgment motion without showing it did not increase inherent risk to musician in its construction of stage. 		Torts Jan. 30, 2015
Eriksson v. Nunnink
‘Placeholder’ for horse trainer’s surname in waiver does not create ambiguity rendering such waiver inapplicable. 		Torts Jan. 29, 2015
McClellan v. I-Flow Corp.
New trial warranted where district court improperly applied federal preemption on victim’s proposed jury instruction based on Oregon law. 		Torts Jan. 26, 2015
Harb v. City of Bakersfield
First responders may not assert comparative negligence based on preaccident negligence of victim. 		Torts Jan. 26, 2015
Vargas v. FMI Inc.
Federally licensed motor carrier cannot escape liability for injuries suffered by independent contractor while driving tractor-trailer across country. 		Torts Jan. 26, 2015
J.P. v. Carlsbad Unified School District
School District is barred from enforcing six-month government claim presentation requirement where it prevented parents from filing claim within limitations period. 		Torts Dec. 16, 2014
Rashidi v. Moser
Doctor may not offset noneconomic damages awarded against him based on pre-trial settlement injured party received from another healthcare provider. 		Torts Dec. 16, 2014
Warger v. Shauers
Juror affidavit outlining jury foreperson’s alleged bias is inadmissible in postverdict motion for new trial because it inquires into validity of the verdict. 		Torts Dec. 9, 2014
Annocki v. Peterson Enterprises LLC
Parents of decedent, who was killed by restaurant patron while leaving restaurant parking lot, may sue restaurant for maintaining allegedly dangerous parking lot. 		Torts Dec. 8, 2014
Regent Alliance Ltd. v. Rabizadeh
Buyer may be liable for conversion even as bona fide purchaser of children’s clothing without knowledge that they had been converted. 		Torts Nov. 27, 2014
Conway v. County of Tuolumne
County of Tuolumne is immune from liability for damages to mobile home caused by SWAT team’s discretionary deployment of tear gas. 		Torts Nov. 25, 2014
Izell v. Union Carbide Corp.
Reduction of compensatory damages award in asbestos case from $30 million to $6 million does not also require reduction of $18 million punitive damages award. 		Torts Nov. 23, 2014
Scott v. C.R. Bard
Jury may find manufacturer of transvaginal mesh kit liable for negligence, even though it did not specify which of several negligence theories it relied on. 		Torts Nov. 19, 2014
Gottschall v. Crane Co.
Superior court improperly grants Crane Co. judgment based on Pennsylvania federal court’s improper interpretation of California law on ‘sophisticated user’ defense. 		Torts Nov. 16, 2014
Honeycutt v. Meridian Sports Club LLC
Kickboxing student, who was injured when instructor grabbed her leg during roundhouse kick, may not sue kickboxing club because she assumed risk. 		Torts Nov. 9, 2014
Fiorini v. City Brewing Co. LLC
Manufacturer of Four Loko alcoholic beverage is not immune from civil liability for drinker’s death because it did not furnish beverage to drinker. 		Torts Nov. 6, 2014
Nasrawi v. Buck Consultants LLC
Beneficiary may maintain tort claim against consultants for aiding and abetting in trustee’s breach of fiduciary duties although consultants did not owe beneficiary independent duty. 		Torts Nov. 6, 2014
Fresno Motors LLC v. Mercedes Benz USA LLC
Mercedes-Benz must reimburse seller for expenses incurred in connection with failed attempt to buy dealership due to exercise of right of first refusal. 		Torts Nov. 5, 2014
Lawrence v. La Jolla Beach and Tennis Club Inc.
Hotel may be liable for child’s fall from second story window because scope of hotel’s duty to guests included taking measures to prevent such incidents. 		Torts Nov. 2, 2014
Colombo v. BRP US Inc.
Punitive damages under federal maritime law are appropriate when personal watercraft manufacturer knew of, but failed to adequately warn of risk of serious injuries. 		Torts Oct. 30, 2014
Malhotra v. Steinberg
Bankruptcy debtors may not sue former bankruptcy trustee under False Claims Act based on transactions that were disclosed during Trustee’s Office investigation. 		Torts Oct. 29, 2014
Verdugo v. Target Corp.
Target Corp. does not owe duty, as commercial property owner, to customers to provide Automatic External Defibrillator for use in medical emergencies. 		Torts Oct. 28, 2014
AmeriGas Inc. v. Landstar Ranger Inc.
Motor carrier does not have to indemnify propane company for injuries suffered by truck driver during unloading of propane tanks at company’s private yard. 		Torts Oct. 27, 2014
Izell v. Union Carbide Corp.
Reduction of compensatory damages award in asbestos case from $30 million to $6 million does not also require reduction of $18 million punitive damages award. 		Torts Oct. 23, 2014
Gottschall v. Crane Co.
Superior court improperly grants Crane Co. judgment based on Pennsylvania federal court’s improper interpretation of California law on ‘sophisticated user’ defense. 		Torts Oct. 23, 2014
Kenne v. Stennis
Intentional infliction of emotional distress claim based on conduct related to various lawsuits may be stricken since conduct is protected by litigation privilege. 		Torts Oct. 22, 2014
Young v. United States
U.S. may be liable for failing to warn Mount Rainier Park visitor about 12-foot hole near transformer buried in snow that she fell into. 		Torts Oct. 19, 2014
Lobo v. Tamco
Employer is not liable for death caused by employee’s negligent driving when leaving work, where jury correctly found use of car did not benefit employer. 		Torts Oct. 9, 2014
Larson v. UHS of Rancho Springs Inc.
Patient has one year to sue anesthesiologist where he alleged intentional torts, which were based on how doctor performed his professional services. 		Torts Oct. 5, 2014
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