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Kleffman v. Vonage Holdings Corp.
It is not unlawful to send spam from multiple domain names for the purpose of bypassing filters.
Torts Jun. 22, 2010
FTC v. Neovi Inc.
Website causes substantial injury under Federal Trade Commission Act where it creates and delivers unverified checks for fraudsters and con artists.
Torts Jun. 16, 2010
Formet v. The Lloyd Termite Control Co.
Termite inspector does not owe duty of care to injured guest of owner whose property was inspected.
Torts Jun. 14, 2010
Collins v. Plant Insulation Co.
Despite federal immunity, jury may apportion fault to U.S. Navy under Proposition 15 in asbestos case.
Torts Jun. 7, 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 Jun. 7, 2010
Chude v. Jack in the Box Inc.
Uninsured motorist whose coffee spilled on her in Jack in the Box drive-through is barred from seeking non-economic damages.
Torts Jun. 1, 2010
Scalzo v. American Express Co.
Litigation privilege does not protect defendant who impermissibly obtained plaintiff's credit card information where claimed damages were unrelated to litigation.
Torts Jun. 1, 2010
Barragan v. County of Los Angeles
Claimant who fails to contact counsel due to physical disability within required timeframe following accrual of cause of action may establish excusable neglect.
Torts May 27, 2010
Whitmire v. Ingersoll-Rand Co.
Plaintiff fails to prove triable issue of fact regarding exposure to asbestos for which company was responsible.
Torts May 23, 2010
Pintos v. Pacific Creditors Association
Agency is liable for furnishing credit report to collect debt unrelated to 'credit transaction' but may seal confidential documents for good cause.
Torts May 23, 2010
Amerigas Propane LP v. Landstar Ranger Inc.
Triable issue exists concerning motor carrier’s alleged liability under Federal Motor Carrier Safety Regulations to manufacturer of load for driver’s injury.
Torts May 19, 2010
Camp v. State of California
Officer does not owe duty to injured passenger where officer's failure to assess injury did not alter risk of harm.
Torts May 18, 2010
FTC v. Neovi Inc.
Website causes substantial injury under Federal Trade Commission Act where it creates and delivers unverified checks for fraudsters and con artists.
Torts May 16, 2010
Boeken v. Philip Morris USA Inc.
Widow's wrongful death action against cigarette manufacturer is barred because former loss of consortium action involved same primary right.
Torts May 13, 2010
S.M. v. Los Angeles Unified School District
Cause of action for school district’s negligent supervision accrues when child is aware that teacher’s conduct is wrong.
Torts May 13, 2010
Hui v. Castaneda
U.S. Public Health Service personnel have absolute immunity from medical negligence claim against United States under Federal Tort Claims Act.
Torts May 4, 2010
The Luckman Partnership Inc. v. Superior Court (Ramsey)
Patent deficiency in design claim is barred by statute of limitations where danger is common experience and warning is effective.
Torts Apr. 28, 2010
Walton v. William Powell Co.
Products liability claim fails where plaintiff’s lung cancer stemmed entirely from exposure to asbestos-laden products unrelated to defendant’s products.
Torts Apr. 26, 2010
Fulton v. Medical Board of California
Medical Board is required to disclose disciplinary information regarding former California physicians' license holders.
Torts Apr. 26, 2010
Lane v. City of Sacramento
Summary judgment is improper where city's evidence of street divider’s safety is insufficient to show that condition of public property was safe.
Torts Apr. 20, 2010
All One God Faith Inc. v. Organic and Sustainable Industry Standards Inc.
Anti-SLAPP motion to strike unfair competition claim against trade association, which sought definition of 'organic' for personal care products, is properly denied.
Torts Apr. 15, 2010
Regents of University of California v. Superior Court (Waters)
UC Regents do not owe duty to children of deceased, whose body was voluntarily donated to UCLA Willed Body Program.
Torts Apr. 9, 2010
Melton v. Boustred
Advertising party with open invitation on networking website does not constitute active conduct increasing risk of harm to party-attendees.
Torts Apr. 5, 2010
Diaz v. Carcamo
Employer whose worker caused automobile injury can be held responsible for injuries under both vicarious liability and negligent hiring and retention theories.
Torts Mar. 30, 2010
Seabright Insurance Co. v. U.S. Airways Inc.
Hirer is liable for injuries suffered by independent contractor’s employee where hirer contributed to injury by failing to provide guards for conveyors.
Torts Mar. 30, 2010
Agbeti v. Los Angeles Unified School District
School’s duty to exercise reasonable supervision of children on school grounds extends to after-school programs.
Torts Mar. 29, 2010
Daniel v. Coleman Co. Inc.
Heater manufacturer does not have post-sale duty to warn where no new risks arose after point of sale.
Torts Mar. 29, 2010
Hilton v. Hallmark Cards
Anti-SLAPP motion is denied where card's image of Paris Hilton saying, 'that's hot,' constituted free speech in relation to public issue.
Torts Mar. 23, 2010
Jordan v. Superstar Sandcars
Plaintiff fails to bring action to trial within five year statute of limitations for action regarding allegedly defective dune buggies.
Torts Mar. 21, 2010
McGuan v. Endovascular Technologies Inc.
Medical Device Amendments of 1976 preempt state claims alleging injuries based on safety of medical devices approved by FDA.
Torts Mar. 10, 2010