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Name Category Published
Garcia v. W&W Community Development Inc.
State foster agency is entitled to summary judgment on negligence claim despite lack of immunity for employee’s act that caused child's death.
Torts Jul. 19, 2010
Das v. Bank of America N.A.
Daughter’s claim that bank failed to report financial abuse of elderly father fails where bank did not transfer funds into false accounts for improper use.
Torts Jul. 14, 2010
Yanez v. SOMA Environmental Engineering Inc.
Trial court violates collateral source rule by reducing personal injury victim’s medical damages to amount paid by her medical insurers.
Torts Jul. 14, 2010
Love v. Sanctuary Records Group Ltd.
Court properly dismisses Beach Boys' right of publicity claim because state has no interest in alleged overseas misappropriation among non-California parties.
Torts Jul. 9, 2010
Collins v. Plant Insulation Co.
Despite federal immunity, jury may apportion fault to U.S. Navy under Proposition 15 in asbestos case.
Torts Jul. 6, 2010
Kabir v. CNMI Public School System
Commonwealth of Northern Mariana Islands law allows attorney general to certify scope-of employment determinations.
Torts Jul. 2, 2010
Bowman v. Wyatt
Trial court improperly instructs jury that right of control is dispositive in determining whether worker is City's employee or independent contractor.
Torts Jul. 2, 2010
Singh v. Southland Stone U.S.A. Inc.
Court’s special findings regarding alleged misrepresentations and promises to Indian who immigrated to United States for work are inconsistent and reversible.
Torts Jul. 2, 2010
Rogers v. Bell Helicopter Textron Inc.
Injury claim against helicopter manufacturer for defective manual is not barred by limitations period because manual was not original part of aircraft.
Torts Jul. 1, 2010
Scott v. Rayhrer
Jury instruction is valid where doctor involved in leaving drain in patient’s abdomen requires expert testimony to establish res ipsa loquitor.
Torts Jun. 30, 2010
Tverberg v. Fillner Construction Inc.
Injured independent contractor may not hold hiring party vicariously liable for injuries resulting from contractor’s failure to guard against risks inherent in work.
Torts Jun. 29, 2010
Yanez v. SOMA Environmental Engineering Inc.
Trial court violates collateral source rule by reducing personal injury victim’s medical damages to amount paid by her medical insurers.
Torts Jun. 28, 2010
Whittemore v. Owens Healthcare-Retail Pharmacy Inc.
Pharmacy is not liable for damages under Drug Dealer Liability Act where it did not knowingly market drugs sold by its employee.
Torts Jun. 24, 2010
Simmons v. Navajo County
Jail nurses are not deliberately indifferent to serious needs of teenager who commited suicide in custody.
Torts Jun. 24, 2010
Espinosa v. Kirkwood
Burglars who fled crime and were chased by police cannot recover personal injury damages from co-felon driver.
Torts Jun. 24, 2010
Aryeh v. Canon Business Solutions Inc.
Continuing violations doctrine does not extend statute of limitations in unfair business practice claim dealing with alleged routine overbilling for photocopies.
Torts Jun. 23, 2010
Benson v. Superior Court
Coroner has no duty to obtain consent from deceased’s mother before retaining heart to determine deceased’s cause of death.
Torts Jun. 23, 2010
Kleffman v. Vonage Holdings Corp.
It is not unlawful to send spam from multiple domain names for the purpose of bypassing filters.
Torts Jun. 22, 2010
FTC v. Neovi Inc.
Website causes substantial injury under Federal Trade Commission Act where it creates and delivers unverified checks for fraudsters and con artists.
Torts Jun. 16, 2010
Formet v. The Lloyd Termite Control Co.
Termite inspector does not owe duty of care to injured guest of owner whose property was inspected.
Torts Jun. 14, 2010
Collins v. Plant Insulation Co.
Despite federal immunity, jury may apportion fault to U.S. Navy under Proposition 15 in asbestos case.
Torts Jun. 7, 2010
Rogers v. Bell Helicopter Textron Inc.
Injury claim against helicopter manufacturer for defective manual is not barred by limitations period because manual was not original part of aircraft.
Torts Jun. 7, 2010
Chude v. Jack in the Box Inc.
Uninsured motorist whose coffee spilled on her in Jack in the Box drive-through is barred from seeking non-economic damages.
Torts Jun. 1, 2010
Scalzo v. American Express Co.
Litigation privilege does not protect defendant who impermissibly obtained plaintiff's credit card information where claimed damages were unrelated to litigation.
Torts Jun. 1, 2010
Barragan v. County of Los Angeles
Claimant who fails to contact counsel due to physical disability within required timeframe following accrual of cause of action may establish excusable neglect.
Torts May 27, 2010
Whitmire v. Ingersoll-Rand Co.
Plaintiff fails to prove triable issue of fact regarding exposure to asbestos for which company was responsible.
Torts May 23, 2010
Pintos v. Pacific Creditors Association
Agency is liable for furnishing credit report to collect debt unrelated to 'credit transaction' but may seal confidential documents for good cause.
Torts May 23, 2010
Amerigas Propane LP v. Landstar Ranger Inc.
Triable issue exists concerning motor carrier’s alleged liability under Federal Motor Carrier Safety Regulations to manufacturer of load for driver’s injury.
Torts May 19, 2010
Camp v. State of California
Officer does not owe duty to injured passenger where officer's failure to assess injury did not alter risk of harm.
Torts May 18, 2010
FTC v. Neovi Inc.
Website causes substantial injury under Federal Trade Commission Act where it creates and delivers unverified checks for fraudsters and con artists.
Torts May 16, 2010