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Doe v. Superior Court
Duty to prevent harm and duty to disclose are not discrete but rather part of the general duty to act reasonably in fraud by concealment action.
Torts May 31, 2015
Cypress Semiconductor Corp. v. Maxim Integrated Products Inc.
Award of attorney fees to prevailing party is proper where plaintiff's claims of misappropriation of trade secrets were made in bad faith.
Torts Apr. 29, 2015
Pouzbaris v. Prime Healthcare Services
Patient’s injury from falling on mopped floor in hospital was caused by ordinary negligence and not professional negligence; two year statute of limitation applies.
Torts Apr. 23, 2015
United States v. Wong
Deadlines for filing claims under Federal Tort Claims Act are subject to equitable tolling.
Torts Apr. 22, 2015
Conti v. Watchtower Bible & Tract Society of New York Inc.
Church has no duty to warn about member who was a child molester but does have duty to prevent molestation during church-sponsored activities.
Torts Apr. 14, 2015
Keys v. Alta Bates Summit
Substantial evidence present to uphold negligent infliction of emotional distress claim when plaintiffs were aware of injury caused by hospital’s inadequate treatment.
Torts Mar. 26, 2015
Bean v. Pacific Coast Elevator Corp.
In personal injury lawsuits, courts may not award prejudgment interest on costs.
Torts Mar. 10, 2015
State of California ex rel. Dept. of the California Highway Patrol v. Superior Court (Alvarado)
CHP may be liable to woman struck by tow truck driver patrolling highway under Freeway Service Patrol Program.
Torts Feb. 26, 2015
Grebing v. 24 Hour Fitness
Malfunctioning clip at fitness center does not amount to ‘gross’ negligence.
Torts Feb. 22, 2015
Roy Allan Slurry Seal Inc. v. American Asphalt South Inc.
Second-place bidder on public works contract may sue winning bidder, who allegedly underpaid workers, for intentional interference with prospective economic advantage.
Torts Feb. 22, 2015
Uriell v. Regents of UC
Oncology expert’s opinion, based both on late patient’s family history and his own experience, properly admitted in wrongful death suit.
Torts Feb. 22, 2015
Wilson v. Southern Cal. Edison Co.
SoCal Edison successfully overturns multi-million dollar awarded to homeowner who experienced low-level electric shocks around her house.
Torts Feb. 10, 2015
Wright v. State of California
Correctional officer living on prison grounds perhaps not acting in course of employment when injured walking to work.
Torts Feb. 3, 2015
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