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Name Category Published
PLIVA Inc. v. Mensing
Federal drug regulations preempt state drug labeling law, which requires manufacturers to independently change labels to render them reasonably safe. 		Torts Jun. 23, 2011
Diaz v. Carcamo
Court may not admit evidence of employee’s driving record supporting plaintiff’s negligent hiring claim where employer has already admitted vicarious liability. 		Torts Jun. 23, 2011
Oswalt v. Resolute Industries Inc.
Court errs in granting summary judgment on defective design issue despite manufacturer’s compliance with applicable safety standards. 		Torts Jun. 16, 2011
Lopez v. City of Los Angeles
Wrongful death suit is properly dismissed where evidence shows officers use of deadly force during standoff was reasonable. 		Torts Jun. 13, 2011
Nalwa v. Cedar Fair L.P.
Riding bumper cars in amusement park is not activity carrying ‘inherent risk’ barring park’s liability for personal injury. 		Torts Jun. 12, 2011
Adams v. Superior Court (Centinella Freeman Regional Medical Center)
Court errs in abating administrator’s wrongful death and survival actions since petitioner need not join all heirs and claims survived decedent’s death. 		Torts Jun. 3, 2011
Kimes v. Grosser
Owner of injured pet animal with little market value can recover reasonable and necessary costs attributable to injury. 		Torts Jun. 2, 2011
Mealy v. B-Mobile Inc.
Husband suffers compensable claim for loss of consortium despite testimony that his relationship with his wife was not hurt after her accident. 		Torts May 25, 2011
Price v. Operating Engineers Local Union No. 3
Court properly denies anti-SLAPP motion to strike defamation claim related to flyers distributed during labor strike where flyers were unrelated to labor dispute. 		Torts May 23, 2011
Garcia v. Becker Bros. Steel Co.
Seller of used machinery does not owe duty to warn of risk of using equipment to subsequent users beyond immediate purchaser. 		Torts May 11, 2011
Pooshs v. Philip Morris USA Inc.
Smoker’s claim for later-discovered lung cancer is not time-barred by earlier-discovered and time-barred illness because it is separate and distinct illness. 		Torts May 6, 2011
Mendoza v. Wichmann
Defamation action is supported by probable cause where plaintiff knew that alleged defamatory statements in police report had previously been made by defendant. 		Torts May 4, 2011
Tucker v. CBS Radio Stations Inc.
Duty of care does not extend to rescuer where injuries are not reasonably foreseeable, given extended sequence of events. 		Torts May 2, 2011
E.M. v. Los Angeles Unified School District
Minor's application for leave to file late claim against school district in relation to molestation is timely where filed within one year of molestation. 		Torts Apr. 20, 2011
Varshock v. California Dept. of Forestry and Fire Protection
Public entity is entitled to immunity where death resulted from firefighter’s allegedly negligent operation of motor vehicle while attempting to fight fire. 		Torts Apr. 20, 2011
Garcia v. Becker Bros. Steel Co.
Seller of used machinery does not owe duty to warn of risk of using equipment to subsequent users beyond immediate purchaser. 		Torts Apr. 18, 2011
Iversen v. California Village Homeowners Association
Independent contractor plaintiff cannot use Cal-OSHA regulations to establish negligence per se because regulations only apply to employees. 		Torts Apr. 10, 2011
Iversen v. California Village Homeowners Association
Independent contractor plaintiff cannot use Cal-OSHA regulations to establish negligence per se because regulations only apply to employees. 		Torts Apr. 5, 2011
Garbell v. Conejo Hardwoods Inc.
Evidence of workers smoking and discarding cigarettes into trashcan supports jury’s finding that employer was negligent in causing house fire. 		Torts Apr. 5, 2011
Tverberg v. Fillner Construction Inc.
Injured independent contractor who lacks access to workers' compensation is owed duty of care. 		Torts Apr. 5, 2011
Branson v. Sharp Healthcare Inc.
Court may order refund of overpayment of Medi-Cal lien as exceeding reimbursable medical costs based on beneficiary’s reasonable calculation adopted by court. 		Torts Mar. 31, 2011
Lefiell Manufacturing Co. v. Superior Court (Watrous)
Spouse has standing to pursue loss of consortium damages where claim is dependant on employee’s injury under Labor Code Section 4558. 		Torts Mar. 30, 2011
Behr v. Redmond
In action alleging tortious transmission of genital herpes, award of damages for future medical expenses is excessive based on plaintiff's life expectancy. 		Torts Mar. 29, 2011
Tverberg v. Fillner Construction Inc.
Hirer may be held directly liable for independent contractor’s injury where hirer retained control over safety conditions at jobsite. 		Torts Mar. 28, 2011
Leung v. Verdugo Hills Hospital
Rule releasing consideration for several liability of joint tortfeasors governs damages allocation following settlement, which court found was not in good faith. 		Torts Mar. 24, 2011
Iversen v. California Village Homeowners Association
Independent contractor plaintiff cannot use Cal-OSHA regulations to establish negligence per se because regulations only apply to employees. 		Torts Mar. 24, 2011
Hayes v. County of San Diego
Summary judgment is improper where deputies’ use of force in killing of suicidal victim who did not pose immediate threat was likely unreasonable. 		Torts Mar. 23, 2011
Behr v. Redmond
In action alleging tortious transmission of genital herpes, award of damages for future medical expenses is excessive based on plaintiff's life expectancy. 		Torts Mar. 16, 2011
Rosen v. St. Joseph Hospital of Orange County
Plaintiff's causes of action based on alleged conversion of evidence constitute spoliation of evidence claims, which are barred. 		Torts Mar. 11, 2011
Cabral v. Ralphs Grocery Co.
Driver has general duty to use ordinary care in operating vehicle, and specific factual circumstances are improper factors in determining foreseeability in negligence analysis. 		Torts Mar. 1, 2011
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