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Name Category Published
Martin v. Midwest Express Holdings Inc.
Federal Aviation Act does not preempt airline's indemnity claim stemming from airline passenger's state law claim that airstairs were defective. 		Torts Feb. 10, 2009
Jamgotchian v. Slender
Triable issue of fact exists as to whether racing steward is entitled to immunity where he prevented removal of horse from race. 		Torts Feb. 10, 2009
Tan v. Arnel Management Co.
Minimal security measures sought by plaintiffs lowered degree of foreseeability required by landlord to invoke duty of care. 		Torts Feb. 2, 2009
Dey v. Continental Central Credit
Debt collector's additional charge for services does not violate Unfair Competition Law. 		Torts Jan. 26, 2009
Birke v. Oakwood Worldwide
Court improperly dismisses tenant's nuisance action alleging manager's failure to limit secondhand smoke in outdoor common areas of apartment complex. 		Torts Jan. 13, 2009
Ontiveros v. 24 Hour Fitness Corp.
Fitness center defeats product liability claim brought by member who sustained injuries on stair step machine. 		Torts Dec. 22, 2008
Van Horn v. Watson
Good Samaritan who does not render emergency medical care is subject to liability for harm caused plaintiff. 		Torts Dec. 19, 2008
Luna v. Vela
Assumption of risk does not bar claim against organizer of volleyball game who had duty not to increase risk of harm. 		Torts Dec. 17, 2008
Sarei v. Rio Tinto PLC
Alien Torts Statute case is remanded for determination of exhaustion requirement. 		Torts Dec. 17, 2008
Watanabe v. California Physicians' Service
Court properly instructs jury that Blue Shield is not vicariously liable for acts or omissions of direct medical care provider. 		Torts Dec. 16, 2008
Altria Group Inc. v. Good
Federal Cigarette Labeling and Advertising Act does not preempt state-law fraud claim by smokers of 'light' cigarettes. 		Torts Dec. 16, 2008
Marley v. United States
Limitations period in Federal Tort Claims Act is deemed jurisdictional, barring application of equitable estoppel or tolling. 		Torts Dec. 9, 2008
Greystone Homes Inc. v. Midtec Inc.
Builder may recover economic losses from product manufacturer that violated Right to Repair Act through equitable indemnity action. 		Torts Dec. 4, 2008
Sarti v. Salt Creek Ltd.
JNOV in favor of restaurant in food poisoning case is reversed where reasonable jury could infer cross-contamination. 		Torts Nov. 28, 2008
Williamson v. Mazda Motor of America Inc.
Federal Motor Vehicle Safety Standard preempts claim alleging liability for failure to install lap/shoulder seatbelt in vehicle’s middle seating position. 		Torts Nov. 20, 2008
Conte v. Wyeth Inc.
Drug manufacturer owes duty of care to disseminate accurate product information to those who consume generic equivalent. 		Torts Nov. 10, 2008
Arriaga v. CitiCapital Commercial Corp.
Lessor that merely provided financing for glue spreader is not strictly liable for worker's injury. 		Torts Nov. 5, 2008
Shopoff & Cavallo v. Hyon
Demurrer to conversion cause of action is properly sustained in long-running litigation over assets. 		Torts Nov. 3, 2008
Sarti v. Salt Creek
JNOV in favor of restaurant in food poisoning case is reversed where reasonable jury could infer cross-contamination. 		Torts Oct. 29, 2008
Kindrich v. The Long Beach Yacht Club
Primary assumption of risk does not apply where plaintiff voluntarily jumped off of boat onto dock. 		Torts Oct. 29, 2008
Williamson v. Mazda Motor of America Inc.
Federal Motor Vehicle Safety Standard preempts claim alleging liability for failure to install lap/shoulder seatbelt in vehicle’s middle seating position. 		Torts Oct. 23, 2008
Alcala v. Vazmar Corp.
Instruction on negligence per se is not required where reinstalled tires are not covered by statute designed to prevent use of unsafe tires. 		Torts Oct. 21, 2008
Castaneda v. United States
42 U.S.C. Section 233(a) does not establish FTCA as exclusive remedy for constitutional violations committed by Public Health Service employees. 		Torts Oct. 3, 2008
Gunn v. Mariners Church Inc.
Ministerial exception precludes court intervention in action against church where pastor announced to congregation that worship director was fired due to homosexuality. 		Torts Oct. 2, 2008
McKenney v. Purepac Pharmaceutical Company
State law tort claim for failure to warn of prescription drug's side effects is not pre-empted by federal law. 		Torts Sep. 29, 2008
MB Financial Group Inc. v. U.S. Postal Service
U.S. Postal Service is not immune from claim arising from failure to make box available due to improper handling of fees. 		Torts Sep. 26, 2008
Wilkinson v. Zelen
Plaintiff must prove factual innocence and exoneration as to all transactionally related offenses in order to maintain legal malpractice action. 		Torts Sep. 26, 2008
Abagninin v. AMVAC Chemical Corp.
Ivory Coast residents' claim of genocide against pesticide manufacturer fails to allege specific intent to destroy certain group. 		Torts Sep. 25, 2008
Salinas v. Martin
Property owner owed duty of care to contractor's employee to remove dangerous dogs from his property. 		Torts Sep. 24, 2008
Sun v. City of Oakland
City is not liable for pedestrian's death where removal of crosswalk markings does not create dangerous condition. 		Torts Sep. 17, 2008
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