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Gehr v. Baker Hughes Oil Field Operations Inc.
Plaintiff may not recover interest rate differential damages for contamination of property under continuing nuisance theory.
Torts Aug. 1, 2008
Phillips v. E.I. DuPont de Nemours & Co.
Plutonium producers who helped make atomic bomb are not entitled to immunity under government contractor defense for liability arising from radioiodine exposure.
Torts Jul. 31, 2008
Twardowski v. American Airlines Inc.
Plaintiffs' claims under Article 17 of Warsaw Convention fail where they allege failure to warn of in-flight deep vein thrombosis.
Torts Jul. 31, 2008
Clemens v. DaimlerChrysler Corp.
Breach of express warranty claim cannot survive where repairs are made after warranty period, regardless of manufacturer's knowledge of defect at sale.
Torts Jul. 25, 2008
Garcia v. Paramount Citrus Association Inc.
Landowner owes no duty to plaintiff injured in intersection collision near groves.
Torts Jul. 22, 2008
Monroy v. City of Los Angeles
Court errs in advising jury of emergency vehicle driver's exemption from Vehicle Code where instructions conflict with speeding police officers' explicit admissions.
Torts Jul. 21, 2008
Mora v. Hollywood Bed & Spring
Employee who cannot prove employer failed to install point of operation guard is not entitled to damages for personal injury.
Torts Jul. 16, 2008
McCarty v. State of California Department of Transportation
Public entity may be held liable under retained control doctrine where employee's injury is proximately caused by tortious act of independent contractor.
Torts Jul. 14, 2008
Cohen v. NuVasive Inc.
Purchaser of human remains can be liable for inducing seller to act in manner resulting in foreseeable emotional injury to donor's family.
Torts Jul. 11, 2008
Hensley v. United States
Two year statute of limitations bars Federal Tort Claims Act suit where claim accrued at collision and ignorance of federal employment is irrelevant.
Torts Jul. 10, 2008
Pesnell v. Arsenault
Constitutional claims are not necessarily foreclosed by statutory bar of Federal Tort Claims Act.
Torts Jul. 2, 2008
Mangano v. United States
Civil Service Reform Act preempts claims brought under Federal Tort Claims Act even where plaintiff is part-time Veteran's Administration physician.
Torts Jul. 2, 2008
Monroy v. City of Los Angeles
Court errs in advising jury of emergency vehicle driver's exemption from Vehicle Code where instructions conflict with speeding police officers' explicit admissions.
Torts Jun. 27, 2008
Olsen v. Reid
Award to compensate for costs 'written off' or paid for by plaintiff's providers cannot be reduced absent clear evidence.
Torts Jun. 27, 2008
Clemens v. DaimlerChrysler Corp.
Breach of express warranty claim cannot survive where repairs are made after warranty period, regardless of manufacturer's knowledge of defect at sale.
Torts Jun. 20, 2008
Paterno v. Superior Court (Ampersand Publishing)
Plaintiff who fails to show provably false assertions in defamation action does not establish requisite 'good cause' for discovery concerning actual malice.
Torts Jun. 17, 2008
Bowen v. Ryan
Testimony of children describing incidents where dentist hit them is excluded as improper character evidence where plaintiff attempted to establish common plan.
Torts Jun. 9, 2008
Montegani v. Johnson
Court properly reconsiders and reverses order finding no violation of 'no contest' clause after finding that decree is interlocutory.
Torts May 29, 2008
American Board of Cosmetic Surgery v. Medical Board of California
Medical Board of California does not abuse discretion by denying plaintiff's application for specialty approval to advertise in 'Cosmetic Surgery.'
Torts May 27, 2008
SC Manufactured Homes Inc. v. Liebert
Plaintiff fails to show that mobile park and numerous dealers were involved in illegal tying arrangement.
Torts May 21, 2008
Ericson v. Federal Express Corp.
Violent assault in parking lot is not reasonably foreseeable by employer when prior incidents cannot be categorized as threatening or intimidating.
Torts May 15, 2008
Evans v. Evans
Husband's preliminary injunction against ex-wife is improperly granted where it is overbroad and constitutes invalid prior restraint before trial.
Torts May 14, 2008
Family Home and Finance Center Inc. v. Federal Home Loan Mortgage Corp.
Summary judgment is properly granted for defendant where there is no admissible evidence of interference with plaintiff's contract.
Torts May 8, 2008
Blickman Turkus v. MF Downtown Sunnyvale
Lessee's agent did not have contractual duty to disclose lessee's financial difficulties to lessor, who was not client of agent.
Torts May 2, 2008
Forest Service Employees for Environmental Ethics v. U.S. Forest Service
Forest Service is not required to release identities of agency personnel who responded to wildfire that killed two employees.
Torts May 2, 2008
Tan v. Arnel Management Co.
Prior similar incidents of violence in ungated parking area of apartment complex impose duty of care on property owners.
Torts May 1, 2008
Kaplan v. Mamelak
Plaintiff should have been allowed to use discovery methods to show why notice of intent to sue for medical malpractice was untimely served.
Torts May 1, 2008
American Board of Cosmetic Surgery v. Medical Board of California
Medical Board of California does not abuse discretion by denying plaintiff's application for specialty approval to advertise in 'Cosmetic Surgery.'
Torts Apr. 30, 2008
Rodriguez v. Bank of the West
Bank that contracts with client--office manager who opened fraudulent accounts--owes duty of care to customer, not lawyer whose money she stole.
Torts Apr. 28, 2008
Bank of New York v. Fremont General Corp.
Bank proves corporate parent intentionally interferes with contract by transferring funds held in custodial account to pay workers compensation claims.
Torts Apr. 28, 2008