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Name Category Published
Gonzalez v. Paradise Valley Hospital
Mental hospital may be liable for death of patient who escaped during involuntary 72-hour hold. 		Torts Oct. 8, 2003
Stroock & Stroock & Lavan LLP v. Tendler
Reliance upon counsel's advice serves as defense to claim of malicious prosecution. 		Torts Oct. 6, 2003
Wilson v. Parker Covert & Chidester
When defendants claim for injunctive relief and damages was brought with probable cause court correctly dismisses malicious prosecution action. 		Torts Oct. 6, 2003
Naegele v. R.J. Reynolds Tobacco Co.
Individuals diagnosed with lung cancer before statute gave right to sue cannot maintain tort action against tobacco manufacturers. 		Torts Oct. 6, 2003
Drum v. Bleu, Fox & Associates
Party that enforced judgment while stay was in effect may be liable for abuse of process. 		Torts Oct. 3, 2003
Dekens v. Underwriters Laboratories Inc.
Corporation's standardized testing of small appliances did not include testing for asbestos safety. 		Torts Oct. 3, 2003
Inland Empire Health Plan v. Superior Court (Santana)
Health maintenance organization, as public entity, is immune from negligent credentialing claim for its discretionary decision. 		Torts Oct. 2, 2003
Terry v. Garcia
Because officer's injury was caused by act of negligence independent of conduct that necessitated his response, firefighter's rule does not apply. 		Torts Oct. 2, 2003
Intel Corp. v. Hamidi
No claim for trespass to chattels when electronic communication does not damage recipient computer system nor impairs its functioning. 		Torts Oct. 2, 2003
Nemarnik v. Los Angeles Kings Hockey Club
Stadium owners have no inherent duty to eliminate risks of injury from flying hockey pucks. 		Torts Oct. 1, 2003
Palmer v. Superior Court (Sharp Rees-Stealy Medical Group Inc.)
Plaintiff suing health care provider must obtain pretrial order to amend complaint before seeking punitive damages. 		Torts Oct. 1, 2003
Palmer v. Zaklama
Recordation of notice of lis pendens is not valid basis for abuse of process claim and is not absolutely privileged. 		Torts Oct. 1, 2003
Degrassi v. Cook
Violation of state constitutional free speech clause doesn't support claim for monetary damages. 		Torts Sep. 23, 2003
Transue v. Aesthetech Corp.
District court erred in denying plaintiff's request that strict liability jury instruction be given regarding her claim alleging manufacturing defect. 		Torts Sep. 9, 2003
Kahn v. East Side Union High School District
Swimmer who broke neck during practice assumed risk and cannot recover for negligence from school district or coach. 		Torts Aug. 27, 2003
National Council Against Health Fraud Inc. v. King Bio Pharmaceuticals Inc.
In false advertising action against pharmaceutical company, trial court properly imposed burden of proof on plaintiff. 		Torts Aug. 19, 2003
Thompson v. Sacramento Unified School District
School did not owe duty to suspend child before he injured another student. 		Torts Aug. 19, 2003
Elizarraras v. L.A. Private Security Services Inc.
Private security company has statutory immunity for failing to prevent minor from consuming alcoholic beverages. 		Torts Aug. 19, 2003
Ramirez v. Long Beach Unified School District
School district is immune from wrongful death liability of student who was encouraged by school to participate in camp. 		Torts Aug. 12, 2003
Lantzy v. Centex Homes
10-year statute of limitations for actions to recover for latent construction defects is subject to equitable tolling during periods of repair. 		Torts Aug. 11, 2003
Ferguson v. Lieff, Cabraser, Heimann & Bernstein
Plaintiffs in legal malpractice action may not recover as compensatory damages punitive damages lost due to attorneys' negligence. 		Torts Jul. 28, 2003
Cervantes v. United States
'Detention of goods' exception to sovereign immunity waiver under Federal Tort Claims Act doesn't apply to plaintiff's negligence claim against United States. 		Torts Jul. 22, 2003
Elcome v. Chin
In medical malpractice action, plaintiff failed to produce evidence of elements of res ipsa loquitur doctrine. 		Torts Jul. 9, 2003
Lund v. San Joaquin Valley Railroad
Jury considering railroad employee's negligence lawsuit should not have been informed of employee's ineligibility for workers' compensation benefits. 		Torts Jul. 8, 2003
Fragale v. Faulkner
Damages from intentional misrepresentation by fiduciary may be measured by broader benefit-of-the-bargain rule. 		Torts Jul. 8, 2003
Ostayan v. Nordhoff Townhomes Homeowners Assn. Inc.
Homeowner's association has no duty to notify members of filing litigation; if it had such duty of notification, it complied. 		Torts Jul. 7, 2003
Intel Corp. v. Hamidi
Sending unsolicited and disruptive mass e-mailings is sufficient to issue permanent injunction on theory of trespass to chattels. 		Torts Jun. 29, 2003
Chavers v. Gatke Corp.
Court did not err when declining to provide jury instructions on group tort liability. 		Torts Jun. 25, 2003
Friedman v. Merck & Co. Inc.
Pharmaceutical company had no duty to inform vegan that tuberculosis test contained animal products. 		Torts Jun. 24, 2003
Freund v. Nycomed Amersham
Court improperly overturned punitive damage award in wrongful termination action. 		Torts Jun. 16, 2003
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