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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
Nguyen v. Western Digital Corp.
Minor’s action based on birth defects caused by mother’s exposure to toxic chemicals is not time-barred even though it was filed 16 years after she was born.
Torts Sep. 28, 2014
Zucchet v. Galardi
Strip club owner strikes San Diego City Council member’s malicious prosecution action based on allegedly false testimony during member's criminal fraud trial.
Torts Sep. 25, 2014
Doe v. Internet Brands Inc.
Communications Decency Act does not bar rape victim's lawsuit against website for negligently failing to warn her of rapists' use of website under California law.
Torts Sep. 17, 2014
Judicial Council of California v. Superior Court (Bean)
Personal injury claims against Judicial Council and Administrative Office of Courts are barred by plaintiff's failure to present them to Secretariat of Judicial Council.
Torts Sep. 16, 2014
Timed Out LLC v. Youabian Inc.
Assignee may proceed with lawsuit against cosmetic dental company that concerned only pecuniary benefits company derived from unauthorized use of model-assignors’ images.
Torts Sep. 14, 2014
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 Sep. 4, 2014
Bounds v. Superior Court (KMA Group)
Elderly widow may maintain financial elder abuse claim against parties who convinced her to sell property at unfair price, even though sale was cancelled.
Torts Sep. 3, 2014
Untied National Maintenance Inc. v. San Diego Convention Center
San Diego Convention Center operator may be liable for interfering with cleaning company’s contracts, even if it had economic interest in those contracts.
Torts Aug. 17, 2014
Gregory v. Cott
Alzheimer patient is not liable for injuries to in-home caregiver who was employed specifically to assist her because caregiver assumed risks associated with job.
Torts Aug. 4, 2014
McIntyre v. The Colonies-Pacific LLC
Evidence that shopping center owner hired security after armed robbery of jewelry store is inadmissible to prove prior lack of security caused robbery.
Torts Jul. 31, 2014
Collin v. CalPortland Co.
Cement pipe seller must face asbestos exposure claims based on construction worker's evidence that it began selling products in early 1980s.
Torts Jul. 30, 2014
Settle v. State of California
Plaintiff’s counsel is not required to pay defense costs after court finds plaintiff lacked reasonable cause and good faith in filing tort action against public entity.
Torts Jul. 23, 2014
Ganoe v. Metalclad Insulation Corp.
Survivors of utility man who died due to asbestos exposure may continue suit against insulation contractor that performed work at decedent’s workplace.
Torts Jul. 22, 2014
Hardin v. PDX, Inc.
Patient may continue product liability action against software provider for allowing generic drug manufacturer to give customers abbreviated warnings of drug's side effects.
Torts Jul. 21, 2014
Carlsen v. Koivumaki
Highly intoxicated man who fell from cliff may sue two companions who took him there and waited several hours before informing authorities of his fall.
Torts Jul. 7, 2014
Haver v. BNSF Railway Co.
Husband’s former employer has no duty to protect his wife, who died of mesothelioma, from secondary exposure to asbestos that husband brought home from work.
Torts Jun. 24, 2014
Verdugo v. Target Corp.
California commercial property owners do not have duty to customers to acquire automatic external defibrillators or make them available for medical emergencies.
Torts Jun. 23, 2014