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Name Category Published
Shannon v. Rhodes
Primary assumption of risk doctrine doesn't apply to bar passenger's negligence claim where driver takes passengers out for simple ride around lake. 		Torts Jan. 7, 2002
Benasra v. Marciano
Investment banking firm isn't compelled to arbitrate without clear evidence that it was third party beneficiary of licensing agreement. 		Torts Jan. 7, 2002
Strojnik v. General Insurance Co.
Defense and indemnification agreement between insurer and insured is not improper interference with prospective settlement agreement between insured and claimant. 		Torts Dec. 20, 2001
Ingham v. Luxor Cab Co.
Taxi may have wrongfully ejected physically unstable passenger by refusing to take her to destination. 		Torts Dec. 18, 2001
Glenn K. Jackson Inc. v. Roe
Triable issue of fact existed to demonstrate legal auditor acted maliciously in preparing billing statements. 		Torts Dec. 16, 2001
D.A.R.E. America v. Rolling Stone Magazine
Summary judgment against defamation plaintiff is upheld where appellate arguments lacked merit and amounted to 'bare' assertions. 		Torts Dec. 13, 2001
Black v. M & W Gear Co.
Judgment as matter of law on issues of punitive damages and whether safety device would have prevented injuries is reversible error. 		Torts Dec. 13, 2001
Chauvlier v. Booth Creek Ski Holding Inc.
Because liability release is enforceable, court correctly granted summary judgment to ski resort in personal injury action. 		Torts Dec. 11, 2001
Kennedy v. Southern California Edison Co.
Court's refusal to give 'Rutherford' instruction is harmless error because no reasonable jury could've found 'fuel fleas' were substantial factor contributing to cancer. 		Torts Dec. 6, 2001
Dazo v. Globe Airport Security Services
Warsaw Convention pre-empts state law damage claims for stolen carry-on bag from airport security checkpoint. 		Torts Dec. 6, 2001
Sinks v. Russell
Sheriff did not have duty to protect men who were shot while trying to serve legal papers. 		Torts Nov. 30, 2001
Gordon v. Havasu Palms Inc.
Owner of airstrip must show that assumption of risk doctrine will bar plaintiff's claim of defective design. 		Torts Nov. 28, 2001
Lewis v. County of Sacramento
County is immune from liability for death of suspect killed during high-speed police pursuit. 		Torts Nov. 28, 2001
Carrau v. Marvin Lumber & Cedar Co.
Evidence did not support products liability verdict in plaintiff's favor, claims were time-barred, and jury instruction error was waived. 		Torts Nov. 28, 2001
Alfred v. Caterpillar Inc.
Plaintiff's expert testimony in design defect case was not sufficient to withstand defendant's motion for judgment as matter of law. 		Torts Nov. 19, 2001
Smith v. Mehaffy
Comparative negligence defense not available in legal malpractice action where alleged negligence of client occurred prior to the attorney's representation. 		Torts Nov. 19, 2001
Sereff v. Waldman
Doctors employed by public hospital are not entitled to immunity under Colorado Governmental Immunity Act. 		Torts Nov. 19, 2001
Alvarez-Machain v. United States
Among other things, court incorrectly dismisses plaintiff's false arrest claim under Federal Tort Claims Act because there wasn't lawful authority for arrest. 		Torts Nov. 19, 2001
Sprewell v. Golden State Warriors
Intentional interference with contract and civil conspiracy claims are not pre-empted since claims were not waived in collective bargaining agreement. 		Torts Nov. 19, 2001
Martinez v. Uphoff
Prison administrators are not liable for murder of correctional officer by inmates because they did not cause his death. 		Torts Nov. 19, 2001
Cody F. v. Falletti
Owner of easement on private road is not liable for injuries inflicted by neighbor's dog on road. 		Torts Nov. 18, 2001
U.S. v. Hillcrest Health Center
Plaintiff's qui tam action dismissed because prior action was public disclosure and plaintiff did not qualify for original source exception. 		Torts Nov. 13, 2001
Harris v. Owens
Medicaid recipient isn't entitled to recover portion of settlement funds from state's lawsuit against tobacco companies. 		Torts Nov. 13, 2001
Fraizer v. Velkura
Grandparent's legal rights to child were not terminated when parents' rights to child were extinguished. 		Torts Nov. 12, 2001
Wilson v. County of San Diego
County is not liable for minor's injuries because it had no duty to prevent him from running away from county facility. 		Torts Nov. 12, 2001
Whitfield v. Heckler & Koch Inc.
Court declines to hold gun manufacturers and distributors liable under theories of strict products liability and negligence. 		Torts Nov. 7, 2001
Vinnick v. Delta Airlines Inc.
State tort claim against airline involving falling carry-on bag is not pre-empted by federal law. 		Torts Nov. 7, 2001
Miller v. Jacoby
Expert testimony is not required to establish medical malpractice for failure to remove foreign object from body after surgery. 		Torts Nov. 1, 2001
Baker v. Adventist Health Inc.
Hospital's emergency department doesn't violate Emergency Medical Treatment and Active Labor Act by calling outside expert to perform screening beyond hospital's capabilities. 		Torts Oct. 30, 2001
Domann v. Vigil
Doctor isn't liable for negligence where plaintiffs failed to bring expert medical testimony that doctor did not perform hysterectomy in timely fashion. 		Torts Oct. 19, 2001
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