Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
95-55464
|
Alvarez-Machain v. United States
Torture Victim Protection Act applies to events prior to its enactment. |
Torts |
|
Jul. 19, 1999 | |
C023840
|
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 | |
95-17175
|
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 | |
G020180
|
Kaufman v. Superior Court (Kanarek)
Litigation privilege bars tort action against attorney for willful silence despite duty to speak. |
Torts |
|
Jul. 18, 1999 | |
96-15933
|
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 | |
G020180
|
Kaufman v. Superior Court (Kanarek)
Litigation privilege bars tort action against attorney for willful silence despite duty to speak. |
Torts |
|
Jul. 18, 1999 | |
97-0536
|
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 | |
98-0218
|
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 | |
D022653
|
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 | |
B108343
|
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 | |
G015273
|
Lucas v. Dowdall
Failure to show tort liability action based on plaintiff's malice precludes dismissal of malicious prosecution action. |
Torts |
|
Jul. 13, 1999 | |
G014942
|
Higgins v. State of California
Substantial evidence supports government's claim of design immunity for injuries from accident on freeway. |
Torts |
|
Jul. 10, 1999 | |
95-56491
|
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 | |
F025174
|
Newman v. Burnett
Minor's notice of intent served during final 90 days of three-year limitations period tolls statute. |
Torts |
|
Jul. 10, 1999 | |
94-56527
|
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 | |
95-17175, 96-36117, 95-36188 and 95-56278
|
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 | |
D022943
|
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 | |
B129319
|
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 | |
G023337 and G023921
|
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 | |
A078387 and A080685
|
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 | |
G015273
|
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 | |
S058629
|
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 | |
E016753
|
Allan v. Snow Summit Inc.
Ski student's signing agreement to release ski resort from liability bars action for negligence. |
Torts |
|
Jul. 6, 1999 | |
S059692
|
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 | |
A073984
|
Quarterman v. Kefauver
No attorney fees for plaintiff after property damaged by lead paint chips in urban backyard. |
Torts |
|
Jul. 6, 1999 | |
C022430
|
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 | |
B089932
|
Shartzer v. Keables
Defendant's unauthorized reading and dissemination of plaintiff's mental health records is serious invasion of privacy. |
Torts |
|
Jul. 6, 1999 | |
E016447
|
Allyson v. Dept. of Transportation
Public entity has no duty to remedy icy road conditions reasonably apparent to motorists. |
Torts |
|
Jul. 6, 1999 | |
B106923
|
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 | |
D021844
|
Zamora v. Shell Oil Co.
Negligence action for 'microcracking' in plumbing system doesn't exist if leaking has not occurred. |
Torts |
|
Jul. 2, 1999 |