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Alvarez-Machain v. United States
Torture Victim Protection Act applies to events prior to its enactment.
Torts Jul. 19, 1999
Rio Linda Unified School District v. Superior Court (Diaz)
Disregarding inadmissible hearsay evidence after defense objection requires summary judgment since plaintiff cannot prove case.
Torts Jul. 18, 1999
Gee v. Southwest Airlines
Airline Deregulation Act pre-empts state law claims regarding crew's service but not concerning safety operations.
Torts Jul. 18, 1999
Kaufman v. Superior Court (Kanarek)
Litigation privilege bars tort action against attorney for willful silence despite duty to speak.
Torts Jul. 18, 1999
Diviero v. Uniroyal Goodrich Tire Co.
Opinion testimony is inadmissible if expert cannot dismiss other accident causes and cannot explain reasoning.
Torts Jul. 18, 1999
Kaufman v. Superior Court (Kanarek)
Litigation privilege bars tort action against attorney for willful silence despite duty to speak.
Torts Jul. 18, 1999
Taeger v. Catholic Family & Community Services
Adoptive parents have a fiduciary relationship with private adoption agency sufficient for cause of action for constructive fraud.
Torts Jul. 15, 1999
Monaco v. HealthPartners of Southern Arizona
Evidence of long-term physical illness or mental disturbance is sufficient to support a claim of negligent infliction of emotional distress.
Torts Jul. 15, 1999
Jacobs v. Universal Development Corporation
In pari delicto defense isn't applicable where discharged employee acquiesced in employer's illegal conduct
Torts Jul. 15, 1999
Viad Corp. v. Superior Court (Allison)
Claim for asbestos exposure from insulation contained in locomotives isn't pre-empted by Boiler Inspection Act.
Torts Jul. 14, 1999
Lucas v. Dowdall
Failure to show tort liability action based on plaintiff's malice precludes dismissal of malicious prosecution action.
Torts Jul. 13, 1999
Higgins v. State of California
Substantial evidence supports government's claim of design immunity for injuries from accident on freeway.
Torts Jul. 10, 1999
Jackson v. United States
No malpractice claim under Tort Act for military doctor's treatment of inactive reservist's training injury.
Torts Jul. 10, 1999
Newman v. Burnett
Minor's notice of intent served during final 90 days of three-year limitations period tolls statute.
Torts Jul. 10, 1999
Harris v. Ford Motor Co.
Safety Act pre-empts state product liability claim against manufacturer for failing to install driver-side airbag.
Torts Jul. 9, 1999
Gee v. Southwest Airlines
Airline Deregulation Act pre-empts state law claims regarding crew's service but not concerning safety operations.
Torts Jul. 9, 1999
The Fieldstone Co. v. Briggs Plumbing Products Inc.
Strict liability claims for defective sinks are precluded if only damage is to product itself.
Torts Jul. 9, 1999
Jewish Defense Organization Inc. v. Superior Court (Rambam)
Out-of-state operation of web site, containing defamation, through California Internet service provider is insufficient for jurisdiction.
Torts Jul. 7, 1999
Arambula v. Wells
Under collateral source rule, money given as a gift to benefit tort victim isn't considered double recovery.
Torts Jul. 7, 1999
Sierra Club Foundation v. Graham
In malicious prosecution claim, question of whether underlying action ended in claimant's favor focuses on federal judgment and not related action's settlement.
Torts Jul. 7, 1999
Lucas v. Swanson & Dowdall
Failure to show tort liability action based on plaintiff's malice precludes dismissal of malicious prosecution action.
Torts Jul. 7, 1999
Shulman v. Group W Productions, Inc.
Triable issue exists whether accident victim's privacy rights are violated by video of ambulance ride.
Torts Jul. 7, 1999
Allan v. Snow Summit Inc.
Ski student's signing agreement to release ski resort from liability bars action for negligence.
Torts Jul. 6, 1999
Sanders v. American Broadcasting Companies Incorp.
Secret videotaping of conversation with employee in 'open work area' is not invasion of privacy.
Torts Jul. 6, 1999
Quarterman v. Kefauver
No attorney fees for plaintiff after property damaged by lead paint chips in urban backyard.
Torts Jul. 6, 1999
Hansen v. Sunnyside Products Inc.
Product label warnings are relevant in determining whether product has design defect under risk/benefit test.
Torts Jul. 6, 1999
Shartzer v. Keables
Defendant's unauthorized reading and dissemination of plaintiff's mental health records is serious invasion of privacy.
Torts Jul. 6, 1999
Allyson v. Dept. of Transportation
Public entity has no duty to remedy icy road conditions reasonably apparent to motorists.
Torts Jul. 6, 1999
Gilbert v. National Enquirer Inc.
National Enquirer isn't prevailing party entitled to fees and costs after actress' voluntary dismissal of complaint.
Torts Jul. 3, 1999
Zamora v. Shell Oil Co.
Negligence action for 'microcracking' in plumbing system doesn't exist if leaking has not occurred.
Torts Jul. 2, 1999