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Name Category Published
Giacometti v. Aulla LLC
Accountants hired to compile data and prepare tax forms have no legal duty to ascertain accuracy of income reported by their clients. 		Torts Aug. 26, 2010
Price v. Stossel
Dismissal of defamation suit under anti-SLAPP statute is premature where court failed to compare quotation published with words speaker actually said. 		Torts Aug. 25, 2010
Ruiz v. Podolsky
Wrongful death claimants are bound by arbitration agreements entered into by decedent and health care provider. 		Torts Aug. 24, 2010
Morton v. Thousand Oaks Surgical Hospital
Claim of medical expertise is insufficient to meet element for negligent infliction of emotional distress without factual showing of alleged expertise. 		Torts Aug. 24, 2010
Rivera v. First DataBank Inc.
Court errs in denying anti-SLAPP motion to strike claims alleging that defendant’s pamphlets, which contained medication information, were confusing. 		Torts Aug. 19, 2010
Toomer v. United States
Business proprietor’s duty to protect customers from third-party criminal conduct does not extend to conduct occurring outside of owner’s property. 		Torts Aug. 19, 2010
Wolin v. Jaguar Land Rover North America LLC
District court errs in denying class certification based on plaintiffs’ inability to prove that majority of potential members suffered from alleged defect. 		Torts Aug. 18, 2010
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 Aug. 16, 2010
King v. Willmett
Collateral source rule precludes reduction of amount of medical expenses plaintiff incurred for rendered services to cash amount accepted by plaintiff’s medical providers. 		Torts Aug. 10, 2010
Eid v. Alaska Airlines Inc.
Airline captain must have reasonable grounds to believe passengers pose threat to aircraft’s security to justify diversion of plane. 		Torts Aug. 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. 30, 2010
Avedon v. State of California
Where alleged dangerous condition is vehicle access to property site, State is not liable for wildfire damage resulting from bonfire. 		Torts Jul. 27, 2010
Klein v. United States of America
Civil Code Section 846 does not shield landowner from liability to recreational user for injuries caused by negligent driving of employee. 		Torts Jul. 27, 2010
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
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