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Name Category Published
Winter v. D.C. Comics
Triable issue of fact exists for misappropriation claim under 'transformative test.'
Torts Jun. 5, 2003
Littlejohn v. United States
Veteran's receipt of disability benefits due to hospital negligence does not have preclusive effect on subsequent tort lawsuit against government.
Torts May 30, 2003
Scognamillo v. Herrick
Damage award was speculative because it was questionable whether plaintiff would be required to undergo second surgery.
Torts May 21, 2003
Acosta v. Synthetic Industries Inc.
Manufacturers of single purpose products incorporated into mass-produced homes are subject to strict products liability to homeowner.
Torts May 20, 2003
Suzuki Motor Corp. v. Consumers Union of United States Inc.
Failure to address deficiency with testing procedure presents triable issue in product disparagement claim.
Torts May 19, 2003
Gavin W. v. YMCA of Metropolitan Los Angeles
Release of claims that purports to exculpate child care provider from its own negligence is void as against public policy.
Torts May 13, 2003
McEuin v. Crown Equipment Corp.
Independent engineering reports were properly excluded as evidence in products liability lawsuit.
Torts May 6, 2003
Conte v. Girard Orthopaedic Surgeons Medical Group Inc.
Surgeon who performed exploratory surgery without repairing injury is not liable for medical battery.
Torts Apr. 18, 2003
Bonanno v. Central Contra Costa Transit Authority
Public entity liable for injuries of pedestrian using crosswalk on busy highway where entity could have eliminated danger without any undue burden.
Torts Apr. 9, 2003
Yamaguchi v. Harnsmut
Trial court erred in not submitting issue of respondeat superior to jury.
Torts Apr. 3, 2003
Madhani v. Cooper
Landlords owed duty of care to protect tenant from foreseeable future assaults by abusive tenant.
Torts Apr. 2, 2003
Moser v. Ratinoff
Injuries caused by co-participant in organized bike ride are not recoverable because the collision was inherent risk of activity.
Torts Apr. 1, 2003
Mata v. Mata
Triable issue of fact exist concerning liability of bar proprietor for injuries and wrongful death.
Torts Mar. 31, 2003
Lavie v. Proctor & Gamble Co.
Commercial advertisements for 'Aleve' pain medication do not deceive or mislead consumers under Unfair Competition Law.
Torts Mar. 28, 2003
Bussard v. Minimed Inc.
Employer may be liable for car accident caused by employee driving home after being exposed to fumes in workplace.
Torts Mar. 28, 2003
Benedek v. PLC Santa Monica LLC
Broad language of release applies to injuries suffered by health club member that were unrelated to fitness activities.
Torts Mar. 26, 2003
Wilson v. Ritto
Doctor who did not violate standard of care cannot be added to verdict form as joint tortfeasor.
Torts Mar. 26, 2003
Geurin v. Winston Industries Inc.
Manufacturer of fryer that injured plaintiff was entitled to introduce evidence that third parties were responsible for accident.
Torts Mar. 21, 2003
Rodriguez v. Panayiotou
Police officer may sue pop singer for slander based on comments in magazine regarding arrest.
Torts Mar. 20, 2003
U.S. v. Kitsap Physicians Service
Summary judgment dismissal is proper where plaintiff failed to produce evidence establishing submission of single false claim.
Torts Mar. 20, 2003
Anderson v. Willden
Individual plaintiffs are not entitled to benefits from settlement reached between state and tobacco companies.
Torts Mar. 20, 2003
Platzer v. Mammoth Mountain Ski Area
Agreement releasing ski-lift operator from ordinary negligence is enforceable.
Torts Feb. 28, 2003
Sanchez v. Hillerich & Bradsby Co.
Pitcher struck by line drive may sue manufacturer of aluminum bat.
Torts Feb. 20, 2003
Katzberg v. Regents of the University of California
California Constitution does not provide damages in tort action that alleges violation of due process liberty interest.
Torts Feb. 4, 2003
White v. Ford Motor Co.
In products liability action, punitive damages award unconstitutionally permitted Nevada jury to punish Ford for out-of-state conduct.
Torts Feb. 4, 2003
Jimenez v. Superior Court (T.M. Cobb Co.)
Manufacturer of defective component installed in mass-produced home is subject to strict products liability.
Torts Feb. 4, 2003
Souders v. Philip Morris Inc.
Repeal of state immunity statute subjects tobacco companies to liability in tort action.
Torts Feb. 4, 2003
Miller v. Ellis
Trial court misapplied collateral source rule and remedy of equitable indemnification in action arising from legal malpractice.
Torts Jan. 29, 2003
Flowers v. Carville
Plaintiff's defamation and false light claims are timely and complaint is sufficient to survive motion to dismiss.
Torts Jan. 15, 2003
Cruze v. National Psychiatric Services Inc.
Hospital and physicians that admitted patient for suicidal thoughts are immune from tort lawsuit.
Torts Jan. 8, 2003