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Name Category Published
Pesnell v. Arsenault
Constitutional claims are not necessarily foreclosed by statutory bar of Federal Tort Claims Act. 		Torts Jul. 2, 2008
Mangano v. United States
Civil Service Reform Act preempts claims brought under Federal Tort Claims Act even where plaintiff is part-time Veteran's Administration physician. 		Torts Jul. 2, 2008
Monroy v. City of Los Angeles
Court errs in advising jury of emergency vehicle driver's exemption from Vehicle Code where instructions conflict with speeding police officers' explicit admissions. 		Torts Jun. 27, 2008
Olsen v. Reid
Award to compensate for costs 'written off' or paid for by plaintiff's providers cannot be reduced absent clear evidence. 		Torts Jun. 27, 2008
Clemens v. DaimlerChrysler Corp.
Breach of express warranty claim cannot survive where repairs are made after warranty period, regardless of manufacturer's knowledge of defect at sale. 		Torts Jun. 20, 2008
Paterno v. Superior Court (Ampersand Publishing)
Plaintiff who fails to show provably false assertions in defamation action does not establish requisite 'good cause' for discovery concerning actual malice. 		Torts Jun. 17, 2008
Bowen v. Ryan
Testimony of children describing incidents where dentist hit them is excluded as improper character evidence where plaintiff attempted to establish common plan. 		Torts Jun. 9, 2008
Montegani v. Johnson
Court properly reconsiders and reverses order finding no violation of 'no contest' clause after finding that decree is interlocutory. 		Torts May 29, 2008
American Board of Cosmetic Surgery v. Medical Board of California
Medical Board of California does not abuse discretion by denying plaintiff's application for specialty approval to advertise in 'Cosmetic Surgery.' 		Torts May 27, 2008
SC Manufactured Homes Inc. v. Liebert
Plaintiff fails to show that mobile park and numerous dealers were involved in illegal tying arrangement. 		Torts May 21, 2008
Ericson v. Federal Express Corp.
Violent assault in parking lot is not reasonably foreseeable by employer when prior incidents cannot be categorized as threatening or intimidating. 		Torts May 15, 2008
Evans v. Evans
Husband's preliminary injunction against ex-wife is improperly granted where it is overbroad and constitutes invalid prior restraint before trial. 		Torts May 14, 2008
Family Home and Finance Center Inc. v. Federal Home Loan Mortgage Corp.
Summary judgment is properly granted for defendant where there is no admissible evidence of interference with plaintiff's contract. 		Torts May 8, 2008
Blickman Turkus v. MF Downtown Sunnyvale
Lessee's agent did not have contractual duty to disclose lessee's financial difficulties to lessor, who was not client of agent. 		Torts May 2, 2008
Forest Service Employees for Environmental Ethics v. U.S. Forest Service
Forest Service is not required to release identities of agency personnel who responded to wildfire that killed two employees. 		Torts May 2, 2008
Tan v. Arnel Management Co.
Prior similar incidents of violence in ungated parking area of apartment complex impose duty of care on property owners. 		Torts May 1, 2008
Kaplan v. Mamelak
Plaintiff should have been allowed to use discovery methods to show why notice of intent to sue for medical malpractice was untimely served. 		Torts May 1, 2008
American Board of Cosmetic Surgery v. Medical Board of California
Medical Board of California does not abuse discretion by denying plaintiff's application for specialty approval to advertise in 'Cosmetic Surgery.' 		Torts Apr. 30, 2008
Rodriguez v. Bank of the West
Bank that contracts with client--office manager who opened fraudulent accounts--owes duty of care to customer, not lawyer whose money she stole. 		Torts Apr. 28, 2008
Bank of New York v. Fremont General Corp.
Bank proves corporate parent intentionally interferes with contract by transferring funds held in custodial account to pay workers compensation claims. 		Torts Apr. 28, 2008
Little Company of Mary Hospital v. Superior Court (Marin)
Religious health care providers may invoke Code of Civil Procedure Section 425.14 to require substantiation of punitive damages claim by plaintiff. 		Torts Apr. 24, 2008
SC Manufactured Homes Inc. v. Liebert
Plaintiff fails to show that mobile park and numerous dealers were involved in illegal tying arrangement. 		Torts Apr. 23, 2008
Foster v. U.S.
'Detention of goods' exception to Federal Torts Claims Act applies where government seizes property for purposes of criminal investigation, not forfeiture. 		Torts Apr. 17, 2008
Martinelli v. Interntational House USA
Alleged defamatory communication is not considered 'published' where it is sent to general fax machine in plaintiff's office. 		Torts Apr. 15, 2008
Cerna v. City of Oakland
City and school district are not liable for negligence where motorist strikes six pedestrians in marked crosswalk 50 feet from school. 		Torts Apr. 15, 2008
SDV/ACCI Inc. v. AT&T Corp.
Plaintiff presents enough evidence of malice to survive summary judgment in defamation case. 		Torts Apr. 14, 2008
Blazevska v. Raytheon Aircraft Co.
Plaintiffs' suit against aircraft company is barred by GARA, statute that bars suits brought more than 18 years after plane is delivered. 		Torts Apr. 11, 2008
Buell-Wilson v. Ford Motor Co.
Evidence at trial did not create significant risk that jury, in deciding punitive damage award, punished defendant for harm it caused to third parties. 		Torts Apr. 11, 2008
Miller v. American Greetings Corp.
Employer is entitled to summary judgment where plaintiffs offer no evidence that defendant caused traffic accident within course and scope of employment. 		Torts Apr. 9, 2008
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 Apr. 7, 2008
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