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Name Category Published
StreetScenes v. ITC Entertainment Group Inc.
Punitive damages were properly awarded for acts of fraud, oppression and malice and trial court is to determine appropriate amount. 		Torts Jan. 7, 2003
Weingarten v. Superior Court (Pointe San Diego Residential Community)
Defendant who was uncooperative in disclosing financial information may be forced to produce tax returns to determine liability for punitive damages. 		Torts Dec. 25, 2002
Jimenez v. TM. Cobb Co.
Manufacturers of defective windows installed in mass-produced homes are subject to strict products liability. 		Torts Dec. 5, 2002
Garcia v. County of Sacramento
Medical lien on tort recovery may be waived when it would pose undue financial hardship on injured party. 		Torts Dec. 3, 2002
Medical Laboratory Management Consultants v. American Broadcasting Companies Inc.
Under Arizona law, television company that engaged in covert actions did not intrude upon any objectively reasonable expectation of privacy. 		Torts Nov. 19, 2002
Blair v. IRS
District court had jurisdiction under Federal Tort Claims Act to adjudicate plaintiff's wage loss claim, but not medical expenses claim. 		Torts Nov. 17, 2002
Doe v. City of Murrieta
Triable issues of fact exist as to whether police department knew or should have known officer was sexually exploiting teenagers. 		Torts Nov. 7, 2002
Souders v. Philip Morris Inc.
Revised statute that repeals immunity of tobacco companies against civil liability may be applied retroactively. 		Torts Oct. 31, 2002
Henley v. Philip Morris Inc.
Repealed statute that provided immunity to tobacco companies does not bar claim of consumer who began smoking before statute was enacted. 		Torts Oct. 30, 2002
Steam Press Holdings Inc. v. Hawaii Teamsters and Allied Workers Union, Local 696.
Statements of labor union president are protected and are not subject to state law defamation claims. 		Torts Oct. 29, 2002
Chaset v. Fleer/Skybox International LP
Purchasers of trading cards do not suffer an injury under Racketeer Influenced and Corrupt Organizations Act when they do not receive insert card. 		Torts Oct. 16, 2002
Rancho Viejo v. Tres Amigos Viejos
Residential developer's causes of action are barred by Civil Code Section 3482.5, which exempts prescribed agricultural activities from nuisance liability. 		Torts Oct. 8, 2002
Bird v. Saenz
Bystander does not have claim for negligent infliction of emotional distress based on medical malpractice when she was not in operating room. 		Torts Oct. 8, 2002
John Y. v. Chaparral Treatment Center Inc.
Treatment center is not vicariously liable for counselor's sexual assault of youth. 		Torts Oct. 7, 2002
Betterton v. Leichtling
Instructional error regarding negligence and informed consent in medical malpractice action is harmless. 		Torts Oct. 7, 2002
Deocampo v. Ahn
Court properly applies settlement with hospital defendant to offset damages for nonsettling defendant in medical malpractice case. 		Torts Oct. 7, 2002
Johnson v. Superior Court (California Cryobank Inc.)
Sperm bank is not liable for failing to disclose that donor had hereditary kidney disease. 		Torts Oct. 7, 2002
Grant-Burton v. Covenant Care Inc.
Employee fired for discussing bonus structures with other directors has claim for wrongful termination. 		Torts Oct. 2, 2002
Mejia v. Community Hospital of San Bernardino
Hospital is not entitled to nonsuit because there was triable issue as to whether negligent radiologist was ostensible agent. 		Torts Oct. 2, 2002
Ross v. Creel Printing & Publishing Co. Inc.
Creditors seeking payment for bad checks are not liable for intentional infliction of emotional distress. 		Torts Oct. 2, 2002
Wilson v. Parker, Covert & Chidester
Plaintiff fails to establish malicious prosecution when court denied motion to strike action as SLAPP suit. 		Torts Oct. 2, 2002
McCabe v. American Honda Motor Co.
Under 'consumer expectation theory,' issues of fact regarding design defect of driver-side air bag remain to be resolved. 		Torts Oct. 2, 2002
Alvarez v. Jacmar Pacific Pizza Corp.
Unforeseeable murder committed at restaurant does not warrant action for premises liability. 		Torts Oct. 2, 2002
Rodrigo v. Koryo Martial Arts
Primary assumption of risk barred potential recovery by martial arts student because instructor did not increase risks associated with learning sport. 		Torts Sep. 30, 2002
Oki Semiconductor Co. v. Wells Fargo Bank
Bank is not vicariously liable for teller's conspiracy and money laundering activities. 		Torts Sep. 26, 2002
Roach v. Mail Handlers Benefit Plan
Plaintiff's claim is medical malpractice claim, not denial of benefits claim pre-empted by Federal Employees Health Benefits Act. 		Torts Sep. 26, 2002
McGraw v. United States
Failure-to-diagnose claim under Federal Tort Claims Act is discovered when plaintiff is aware of pre-existing condition that becomes more serious. 		Torts Sep. 26, 2002
Goodman v. United States
United States did not breach its duty to obtain informed consent from woman who suffered from cancer and participated in clinical research study. 		Torts Sep. 25, 2002
Northern Queen Inc. v. Kinnear
Where captain of sunken unseaworthy vessel failed to perform duties, corporation is not entitled to liability limitation nor liable to captain's estate. 		Torts Sep. 25, 2002
Adams v. Synthes Spine Co. LP
Consumer expectation theory does not revive strict products liability claim which alleged defective warning. 		Torts Sep. 25, 2002
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