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McMahon v. Craig
Dog owner may not recover for negligent infliction of emotional distress where veterinarian’s neglect caused pet's death.
Torts Sep. 2, 2009
M.P. v. City of Sacramento
City is not vicariously liable for sexual assault allegedly committed at social event by off-duty and on-duty firefighters.
Torts Sep. 1, 2009
Hilton v. Hallmark Cards
Anti-SLAPP motion is denied where card's image of Paris Hilton saying, 'that's hot,' constituted free speech in relation to public issue.
Torts Sep. 1, 2009
Levinson v. Owens
Social hosts did not increase risk of horseback riding where plaintiff assumed inherent risk of injury.
Torts Aug. 27, 2009
Drummond v. Desmarais
Malicious prosecution claim fails where voluntary dismissal of underlying action did not amount to termination in plaintiffs' favor.
Torts Aug. 20, 2009
Christoff v. Nestle USA Inc.
Statute of limitations does not bar misappropriation of likeness claim where record did not show whether product label production constituted single publication.
Torts Aug. 18, 2009
Gordon v. Virtumundo Inc.
Plaintiff lacks standing to claim unlawful sending of 'spam' where he merely registered domain name and created e-mail accounts.
Torts Aug. 10, 2009
Drummond v. Desmarais
Malicious prosecution claim fails where voluntary dismissal of underlying action did not amount to termination in plaintiffs' favor.
Torts Aug. 6, 2009
Hernandez v. Hillsides Inc.
No privacy violation based on intrusion where employer videotaped employee's office after-hours to apprehend nighttime intruder.
Torts Aug. 5, 2009
McMahon v. Craig
Dog owner may not recover for negligent infliction of emotional distress where veterinarian’s neglect caused pet's death.
Torts Aug. 4, 2009
Aloe Vera of America Inc. v. United States
Statute of limitations for filing complaint alleging unauthorized disclosures runs from date plaintiff discovered disclosure, whether authorized or not.
Torts Jul. 31, 2009
Diaz v. Los Angeles County Metropolitan Transportation Authority
Res ipsa loquitur jury instruction is required where passenger of common carrier was injured during accident.
Torts Jul. 24, 2009
Diaz v. Los Angeles County Metropolitan Transportation Authority
Res ipsa loquitur jury instruction is required where passenger of common carrier was injured during accident.
Torts Jul. 22, 2009
Laabs v. Southern California Edison Co.
Summary judgment reversed where public utility does not address underlying factors to prove that no duty of care was owed.
Torts Jul. 22, 2009
Doe v. Myspace Inc.
Communications Decency Act immunizes MySpace.com from liability where minor users were sexually assaulted by men they met through the service.
Torts Jul. 2, 2009
Roberts v. County of Los Angeles
Tolling of Government Claims Act's statute of limitations for incapacity does not also operate to toll Medical Injury Compensation Reform Act.
Torts Jul. 1, 2009
Beninati v. Black Rock City LLC
Under primary assumption of risk doctrine, 'Burning Man Festival' promoter owes no duty of care to attendee who fell into fire.
Torts Jul. 1, 2009
Ruiz v. Podolsky
Patient lacked authority to bind his wife and adult children to medical arbitration agreement signed for his benefit.
Torts Jun. 26, 2009
Zango Inc. v. Kaspersky Lab Inc.
Security software provider has immunity over tort claims arising from its blocking of suspected malware.
Torts Jun. 26, 2009
Barnes v. Yahoo Inc.
Yahoo, Inc. does not qualify for immunity as information service provider for breach of contract claim based on promissory estoppel.
Torts Jun. 23, 2009
Satterfield v. Simon & Schuster Inc.
Court defers to agency interpretation, finding that text message is 'call' within meaning of Telephone Consumer Protection Act.
Torts Jun. 22, 2009
Unlimited Adjusting Group Inc. v. Wells Fargo Bank N.A.
Plaintiffs' action against bank for allowing customer to deposit fraudulent checks fails where victims believed that customer was 'intended payee.'
Torts Jun. 5, 2009
Marley v. United States
Limitations period in Federal Tort Claims Act is deemed jurisdictional, barring application of equitable estoppel or tolling.
Torts Jun. 2, 2009
Dennis v. Southard
Medical battery instruction containing additional intent element proper where patient consents to knee surgery with condition that specific prostheses not be used.
Torts May 31, 2009
Eric M. v. Cajon Valley Union School District
Summary judgment improperly granted where triable issue existed as to whether school district providing student transportation exercised reasonable care.
Torts May 28, 2009
Burns v. The Neiman Marcus Group Inc.
Demurrer is sustained in action against retailer for accepting fraudulent checks drawn on third party account.
Torts May 21, 2009
Balzaga v. Fox News Network LLC
Defamation claim dismissed pursuant to anti-SLAPP statute where network's report was 'fair and true.'
Torts May 14, 2009
Barnes v. Yahoo Inc.
Yahoo, Inc. does not qualify for immunity as information service provider for breach of contract claim based on promissory estoppel.
Torts May 7, 2009
Manuel v. Pacific Gas & Electric Co.
Utility company immunized from liability where minor was fatally electrocuted while climbing transmission tower.
Torts May 6, 2009
K.J. v. Arcadia Unified School District
Former student's government tort claim against school district for negligent supervision is timely pursuant to 'delayed discovery doctrine.'
Torts May 5, 2009