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Bullock v. Philip Morris USA Inc.
Multi-million dollar punitive damages award against cigarette manufacturer is not unconstitutionally excessive where company's conduct was highly reprehensible. 		Torts Aug. 18, 2011
United States v. Corinthian Colleges
Inclusion of recruiter performance rating does not conclusively determine whether institution’s compensation method falls within Higher Education Act’s safe harbor provision. 		Torts Aug. 15, 2011
Carter v. Prime Healthcare Paradise Valley LLC
Plaintiff’s failure to prove that caretaker’s neglect as to elderly father amounted to egregious conduct defeats elder abuse claim under Elder Abuse Act. 		Torts Aug. 15, 2011
Hartt v. County of Los Angeles
County is immune from dangerous condition claim where claim was based on accident that occurred on recreational park trail. 		Torts Aug. 5, 2011
Mansur v. Ford Motor Co.
Court properly precludes use of ‘consumer expectations test of design defect’ where accident involved complex evaluation of product’s safety. 		Torts Aug. 4, 2011
Jachetta v. United States
Federal Torts Claims Act provides waiver of government’s sovereign immunity for plaintiff’s nuisance and breach of fiduciary duties claims under state tort law. 		Torts Aug. 2, 2011
Phifer v. Icelandair
Plaintiff does not have to prove that airline violated Federal Aviation Administration standards to establish 'accident' under Article 17 of Montreal Convention. 		Torts Jul. 27, 2011
Del Webb Communities Inc. v. Partington
Injunction prohibiting company from using ‘illegal, unlicensed and false practices’ in performing building inspections is too vague to define prohibited future conduct. 		Torts Jul. 21, 2011
Myers v. United States
U.S. does not act 'reasonably' in fulfilling its duty to ensure that independent contractor used proper precautions during soil remediation project. 		Torts Jul. 18, 2011
CSX Transportation Inc. v. McBride
Causation standard in Federal Employers' Liability Act requires that railroad 'caused or contributed' to injury, and does not incorporate 'proximate cause.' 		Torts Jun. 23, 2011
PLIVA Inc. v. Mensing
Federal drug regulations preempt state drug labeling law, which requires manufacturers to independently change labels to render them reasonably safe. 		Torts Jun. 23, 2011
Diaz v. Carcamo
Court may not admit evidence of employee’s driving record supporting plaintiff’s negligent hiring claim where employer has already admitted vicarious liability. 		Torts Jun. 23, 2011
Oswalt v. Resolute Industries Inc.
Court errs in granting summary judgment on defective design issue despite manufacturer’s compliance with applicable safety standards. 		Torts Jun. 16, 2011
Lopez v. City of Los Angeles
Wrongful death suit is properly dismissed where evidence shows officers use of deadly force during standoff was reasonable. 		Torts Jun. 13, 2011
Nalwa v. Cedar Fair L.P.
Riding bumper cars in amusement park is not activity carrying ‘inherent risk’ barring park’s liability for personal injury. 		Torts Jun. 12, 2011
Adams v. Superior Court (Centinella Freeman Regional Medical Center)
Court errs in abating administrator’s wrongful death and survival actions since petitioner need not join all heirs and claims survived decedent’s death. 		Torts Jun. 3, 2011
Kimes v. Grosser
Owner of injured pet animal with little market value can recover reasonable and necessary costs attributable to injury. 		Torts Jun. 2, 2011
Mealy v. B-Mobile Inc.
Husband suffers compensable claim for loss of consortium despite testimony that his relationship with his wife was not hurt after her accident. 		Torts May 25, 2011
Price v. Operating Engineers Local Union No. 3
Court properly denies anti-SLAPP motion to strike defamation claim related to flyers distributed during labor strike where flyers were unrelated to labor dispute. 		Torts May 23, 2011
Garcia v. Becker Bros. Steel Co.
Seller of used machinery does not owe duty to warn of risk of using equipment to subsequent users beyond immediate purchaser. 		Torts May 11, 2011
Pooshs v. Philip Morris USA Inc.
Smoker’s claim for later-discovered lung cancer is not time-barred by earlier-discovered and time-barred illness because it is separate and distinct illness. 		Torts May 6, 2011
Mendoza v. Wichmann
Defamation action is supported by probable cause where plaintiff knew that alleged defamatory statements in police report had previously been made by defendant. 		Torts May 4, 2011
Tucker v. CBS Radio Stations Inc.
Duty of care does not extend to rescuer where injuries are not reasonably foreseeable, given extended sequence of events. 		Torts May 2, 2011
E.M. v. Los Angeles Unified School District
Minor's application for leave to file late claim against school district in relation to molestation is timely where filed within one year of molestation. 		Torts Apr. 20, 2011
Varshock v. California Dept. of Forestry and Fire Protection
Public entity is entitled to immunity where death resulted from firefighter’s allegedly negligent operation of motor vehicle while attempting to fight fire. 		Torts Apr. 20, 2011
Garcia v. Becker Bros. Steel Co.
Seller of used machinery does not owe duty to warn of risk of using equipment to subsequent users beyond immediate purchaser. 		Torts Apr. 18, 2011
Iversen v. California Village Homeowners Association
Independent contractor plaintiff cannot use Cal-OSHA regulations to establish negligence per se because regulations only apply to employees. 		Torts Apr. 10, 2011
Iversen v. California Village Homeowners Association
Independent contractor plaintiff cannot use Cal-OSHA regulations to establish negligence per se because regulations only apply to employees. 		Torts Apr. 5, 2011
Garbell v. Conejo Hardwoods Inc.
Evidence of workers smoking and discarding cigarettes into trashcan supports jury’s finding that employer was negligent in causing house fire. 		Torts Apr. 5, 2011
Tverberg v. Fillner Construction Inc.
Injured independent contractor who lacks access to workers' compensation is owed duty of care. 		Torts Apr. 5, 2011
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