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Name Category Published
Cheong v. Antablin
Primary assumption of risk bars skier from recovering for negligence after collision with another skier.
Torts Aug. 3, 1999
Alaska Native Class v. Exxon Corp.
Non-economic damage to subsistence lifestyle of Alaska Natives isn't special injury supporting public nuisance action.
Torts Aug. 3, 1999
Plunkett v. Spaulding
Expert witness declarations are required for treating doctors also providing standard of care opinions.
Torts Aug. 3, 1999
Springmeyer v. Ford Motor Company
Court's exclusion of evidence showing why defendant did not comply with manufacturer's recall is error.
Torts Aug. 2, 1999
Lurye v. Southern California Edison Company
Public utility company owes duty to pedestrians to maintain streetlights at crosswalk.
Torts Aug. 1, 1999
Newman v. Burnett
Minor's notice of intent served during final 90 days of three-year limitations period tolls statute.
Torts Jul. 30, 1999
Bacon v. Southern California Edison Co.
Property owner's efforts to prevent anticipated harm demonstrates absence of willful or malicious conduct.
Torts Jul. 29, 1999
Peters v. Saunders
Cross-complaint is dismissed under SLAPP statute but action for defamation and unfair competition can proceed.
Torts Jul. 29, 1999
Mercy Hospital and Medical Center v. Farmers Insurance Group of Companies
Hospital can satisfy lien amount from 50 percent of patient's recovery from tortfeasor or tortfeasor's insurer.
Torts Jul. 28, 1999
Ruttenberg v. Ruttenberg
Heir of decedent not joined in wrongful death suit has action for damages against filing heirs.
Torts Jul. 28, 1999
Randi W., a minor
Former employer can be liable for recommendation's affirmative misrepresentations presenting foreseeable risk to prospective employer.
Torts Jul. 27, 1999
Plunkett v. Spaulding
Expert witness declarations are required for treating doctors also providing standard of care opinions.
Torts Jul. 26, 1999
Daum v. Spinecare Medical Group
Jury isn't restricted to expert opinion to determine if physician's disclosure before surgery was adequate.
Torts Jul. 26, 1999
Robbins v. Blecher
Voluntary dismissal of enforcement action, after reversal of underlying judgment, isn't favorable termination on merits.
Torts Jul. 26, 1999
Maneely v. General Motors Corp.
Pickup truck manufacturer has no duty to warn of dangers from riding in cargo bed.
Torts Jul. 26, 1999
Southland Sod Farms v. Stover Seed Co.
In Lanham Act false advertising case, court abuses discretion in disregarding plaintiff's expert testimony.
Torts Jul. 26, 1999
Neibel v. Trans World Assurance Co.
Plaintiff receives treble damages under RICO and state-law punitive damages for defendant's same conduct.
Torts Jul. 26, 1999
Richards v. Owens-Illinois
Proportionate fault isn't allocated to absent tobacco companies in smoker's suit for asbestos lung injury.
Torts Jul. 25, 1999
Marquez v. Enterprise Rent-A-Car
Rental car company isn't liable for injuries caused by person not authorized to drive vehicle.
Torts Jul. 25, 1999
Papike v. Tambrands Inc.
State failure-to-warn claim for tampon use injuries is pre-empted by Food, Drug, and Cosmetics Act.
Torts Jul. 25, 1999
Snell v. Bell Helicopter Textron Inc.
Manufacturer's design control and placement of aircraft component allegedly causing accident precludes 'military contractor' defense.
Torts Jul. 25, 1999
Smith v. Arizona Board of Regents
Recreational use statute does not shield property owner from tort liability for injuries sustained on a 'carnival-type' apparatus placed temporarily on property.
Torts Jul. 22, 1999
State of Arizona v. Heinze
State's indemnification of state officer for personal liability for sexual misconduct and harassment is not unconstitutional or illegal.
Torts Jul. 22, 1999
Mattco Forge Inc. v. Young
Trial-within-a-trial burden applies in professional malpractice action for accounting litigation support services.
Torts Jul. 19, 1999
Robbins v. Blecher
Voluntary dismissal of enforcement action, after reversal of underlying judgment, isn't favorable termination on merits.
Torts Jul. 19, 1999
Braun v. The Chronicle Publishing Co.
News reporting activity is protected from defamation suit by Strategic Lawsuit Against Public Participation statute.
Torts Jul. 19, 1999
Alvarez-Machain v. U.S.
Torture Victim Protection Act applies to events prior to its enactment.
Torts Jul. 19, 1999
Alvarez-Machain v. United States
Torture Victim Protection Act applies to events prior to its enactment.
Torts Jul. 19, 1999
Rio Linda Unified School District v. Superior Court (Diaz)
Disregarding inadmissible hearsay evidence after defense objection requires summary judgment since plaintiff cannot prove case.
Torts Jul. 18, 1999
Gee v. Southwest Airlines
Airline Deregulation Act pre-empts state law claims regarding crew's service but not concerning safety operations.
Torts Jul. 18, 1999