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Gonzalez v. Autoliv ASP Inc.
Summary adjudication of cause of action for strict products liability is not proper under risk-benefit theory.
Torts Aug. 29, 2007
Navarette v. United States
Army Corps of Engineers' duty to mark or fence path leading to cliff on campground is not covered by discretionary function exception.
Torts Aug. 29, 2007
Dodson v. J. Pacific Inc.
Jury’s failure to award pain and suffering damages to victim of negligent act who required serious surgery and extensive rehabilitation is inadequate.
Torts Aug. 28, 2007
Lingenfelter v. County of Fresno
Legal guardianship of minor is not a prerequisite for mother to recover damages for IIED due to ill treatment after minor's death.
Torts Aug. 19, 2007
Perez-Torres v. State of California
Governmental immunity is inapplicable in case where man is incarcerated despite fact that government knew, or should have known, it had wrong man.
Torts Aug. 16, 2007
PM Group Inc. v. Stewart
Rod Stewart and representatives were not liable for interference with subcontracts contemplating performance venues where parties never entered contract for canceled tour.
Torts Aug. 15, 2007
Ra v. Superior Court (Presidio International Inc.)
Wife cannot sustain negligent infliction of emotional distress to bystander claim where her husband’s location was uncertain when she heard loud crash.
Torts Aug. 15, 2007
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 Aug. 14, 2007
Hall v. Time Warner Inc.
Interview with beneficiary of Marlon Brando’s living trust is issue of widespread public interest due to public’s fascination with Brando’s personal life.
Torts Aug. 5, 2007
Catalyst Strategic Design Inc. v. Kaiser Foundation Health Plan Inc.
Insurance company’s faxing of unsolicited advertisement does not violate Telephone Consumer Protection Act of 1991 where parties have established business relationship.
Torts Aug. 5, 2007
Benson v. Kwikset Corp.
Plaintiff with unfair competition claim is allowed to amend complaint to allege necessary facts to satisfy new standing requirements under Proposition 64.
Torts Jul. 29, 2007
Christoff v. Nestle USA Inc.
Although coffee 'taster' depicted on Nestle products did not consent to use of image, he fails to prove image generated $15 million profit.
Torts Jul. 25, 2007
The Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran v. Cubic Defense Systems Inc. (Elahi)
Iran's $2.8 million judgment in contract dispute is 'blocked asset' that can be attached for brother's assassination under Terrorism Risk Insurance Act.
Torts Jul. 17, 2007
Siebel v. Mittlesteadt
Postjudgment settlement constitutes favorable termination when malicious prosecution plaintiff settled without relinquishing any portion of favorable judgment in underlying action.
Torts Jul. 16, 2007
Evard v. Southern California Edison
Billboard owners’ failure to comply with regulation ensuring workers’ safety creates triable issues of fact regarding whether their omissions breached that duty.
Torts Jul. 12, 2007
Corder v. Corder
Substantial evidence does not show husband, killed in construction accident, intended to divorce wife in dispute with stepdaughter over wrongful death settlement proceeds.
Torts Jul. 5, 2007
Katiuzhinsky v. Perry
Third-party purchase of medical lien does not prevent recovery of amounts billed by medical provider for which plaintiff remains fully liable.
Torts Jul. 2, 2007
Katiuzhinsky v. Perry
Third-party purchase of medical lien does not prevent recovery of amounts billed by medical provider for which plaintiff remains fully liable.
Torts Jul. 2, 2007
Christoff v. Nestle USA Inc.
Although coffee 'taster' depicted on Nestle products did not consent to use of image, he fails to prove image generated $15 million profit.
Torts Jul. 2, 2007
Benson v. Kwikset Corp.
Plaintiff with unfair competition claim is allowed to amend complaint to allege necessary facts to satisfy new standing requirements under Proposition 64.
Torts Jul. 2, 2007
Schoenfeld v. Quamme
Amputee serviceman’s tort claim against government is allowed to proceed where his accident was substantially unrelated to his military service.
Torts Jul. 2, 2007
Juarez v. Arcadia Financial Ltd.
Finance company’s notice of intent violates Rees-Levering Automobile Sales Finance Act where it fails to specify amount required to reinstate buyer’s contract.
Torts Jul. 1, 2007
Ermoian v. Desert Hospital
In wrongful life case, negligence claim brought against hospital and nurse by severely mentally retarded child fails.
Torts Jun. 26, 2007
Berkley v. Dowds
Physician's demurrers are properly sustained where widow fails to allege facts to support claims of negligence or willful misconduct and emotional distress.
Torts Jun. 25, 2007
Wilkie v. Robbins
Government employees' overzealous attempts to obtain easement for Government's use is not extortion and thus insufficient to sustain claims under RICO.
Torts Jun. 25, 2007
Berkley v. Dowds
Physician's demurrers are properly sustained where widow fails to allege facts to support claims of negligence or willful misconduct and emotional distress.
Torts Jun. 25, 2007
Wilkie v. Robbins
Government employees' overzealous attempts to obtain easement for Government's use is not extortion and thus insufficient to sustain claims under RICO.
Torts Jun. 25, 2007
Pesnell v. Arsenault
Subsequent claims against federal employees, after earlier FTCA claims are dismissed for lack of subject matter jurisdiction, are not barred.
Torts Jun. 21, 2007
Pesnell v. Arsenault
Subsequent claims against federal employees, after earlier FTCA claims are dismissed for lack of subject matter jurisdiction, are not barred.
Torts Jun. 21, 2007
Parlour Enterprises Inc. v. The Kirin Group Inc.
Lost anticipated profits award must be reduced where expert testimony used to support it was insufficient, speculative, and hypothetical.
Torts Jun. 20, 2007