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389 Orange Street Partners v. Arnold
Connecticut's limitations period for tort actions bars claim where fraudulent concealment exception doesn't apply.
Torts Jun. 22, 2000
Oregon Laborers-Employers Health & Welfare Trust Fund v. Philip Morris Inc.
Health care trust funds lack standing to seek reimbursement from tobacco companies for smoking-related illnesses.
Torts Jun. 22, 2000
389 Orange Street Partners v. Robinson
Connecticut's limitations period for tort actions bars claim where fraudulent concealment exception doesn't apply.
Torts Jun. 22, 2000
C.B. v. Sabalos
Abuse of discretion when court does not consider redaction of nonparties' identification when compelling production of medical records.
Torts Jun. 22, 2000
Goebel v. Denver & Rio Grand Western Railroad Co.
District court, when faced with objection to expert testimony, must demonstrate by specific findings on record that it performed its duty as gatekeeper.
Torts Jun. 21, 2000
Slack v. Farmers Insurance Exchange
Pro rata liability among tortfeasors statute applies to both intentional and negligent tortfeasors.
Torts Jun. 21, 2000
Farr v. NC Machinery Co.
In admiralty negligence action, captain's failure to exercise reasonable care for his own safety isn't superseding intervening cause that extinguishes mechanic's liability.
Torts Jun. 19, 2000
Cooperman v. David
Slipping saddle is inherent risk of sport of horseback riding.
Torts Jun. 15, 2000
Feichko v. Denver & Rio Grande Western Railroad Co.
Employer not liable for injuries sustained by employee engaged in activity outside scope of his employment.
Torts Jun. 15, 2000
Weitz v. Lovelace Health System Inc.
Health care provider has neither duty to control outpatient, nor duty to warn others of his violent propensities.
Torts Jun. 15, 2000
Smith v. Ingersoll-Rand Co.
Trial court rightfully awards multimillion-dollar judgment and punitive damages in equipment-defect case.
Torts Jun. 15, 2000
Matsuura v. Alston & Bird
Under Delaware law, tort plaintiffs can institute an independent fraud suit not barred by settlement agreement.
Torts Jun. 14, 2000
Charas v. Trans World Airlines
Airlines Deregulation Act doesn't preempt airlines from personal injury liability caused by their tortious conduct.
Torts Jun. 14, 2000
Matsuura v. Alston & Bird
Under Delaware law, tort plaintiffs can institute an independent fraud suit not barred by settlement agreement.
Torts Jun. 14, 2000
Charas v. Trans World Airlines Inc.
Airlines Deregulation Act doesn't preempt airlines from personal injury liability caused by their tortious conduct.
Torts Jun. 13, 2000
Alpha Therapeutic Corp. v. Nippon Hoso Kyokai
Secretly recorded interview, later shown on national television without interviewee's consent, supports invasion of privacy claim.
Torts Jun. 9, 2000
Valencia v. Michaud
Landlord has duty to protect tenants' daughter from violent attack, by another tenant's son, that occurs on apartment building's premises.
Torts Jun. 2, 2000
Community Care and Rehabilitation Center v. Superior Court (Grood)
Rules pertaining to punitive damages in medical malpractice actions also apply to wrongful death claim couched in terms of elder abuse.
Torts Jun. 2, 2000
Alvarez v. State of California
State's design immunity is defeated if design produces dangerous condition under changed physical conditions.
Torts Jun. 2, 2000
Geier v. American Honda Motor Co.
State court action against car manufacturer for not equipping cars with airbags is pre-empted by National Traffic and Motor Vehicle Safety Act.
Torts Jun. 1, 2000
Jones v. Union Pacific Railroad
Where plaintiff raises triable issue as to railroad's harassment it also raises triable issue of whether state tort claims are federally pre-empted.
Torts Jun. 1, 2000
Farmers Insurance Exchange v. Superior Court (Han)
Party cannot be held liable for negligently destroying or suppressing evidence that could be relevant to lawsuit.
Torts Jun. 1, 2000
Union Pacific Corp. v. Wengert
Comparative equitable indemnity is available only for that portion of settlement attributable to economic damages.
Torts Jun. 1, 2000
Easton v. Sutter Coast Hospital
Statute intends to provide health practitioners with absolute immunity with respect to practitioners' mandatory duty to report incidents of elder abuse.
Torts Jun. 1, 2000
Zabetian v. Medical Board of California
Two negligent acts satisfy Business and Professions Code Section 2234's definition of 'repeated negligent acts.'
Torts Jun. 1, 2000
Sandahl v. Beverly Enterprises Inc.
In civil suit alleging elder abuse, nursing home that fails to challenge jury instructions at trial waives issue on appeal.
Torts Jun. 1, 2000
Sandahl v. Beverly Enterprises, Inc.
In civil suit alleging elder abuse, nursing home that fails to challenge jury instructions at trial waives issue on appeal.
Torts May 31, 2000
Boon v. Rivera
Those present at scene of emergency owe duty to not misstate material facts concerning nature of emergency to public safety officials present.
Torts May 26, 2000
Cross v. Cross
Order
Torts May 24, 2000
Hynes v. Energy West, Inc.
Jury must apply ordinary care standard to defendant, despite jury instruction which alludes to 'high degree' of care.
Torts May 17, 2000