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Law v. General Motors Corp.
Boiler Inspection Act pre-empts state claims against railroad manufacturers for alleged train design defects.
Torts Jun. 26, 1999
Dufresne v. Veneman
Action against chemical pesticide use is moot since pest's eradication precludes need for further spraying.
Torts Jun. 26, 1999
Moreno v. S.H. Kress & Co.
Proposition 51's limitation of damages for 'deep pocket' tortfeasors doesn't apply to retailer of defective product.
Torts Jun. 26, 1999
Russell v. Stanford University Hospital
Three-year limitation for action against health provider is tolled after suit notice within last 90 days.
Torts Jun. 26, 1999
Sullivan v. Delta Airlines
Terminated employee's death during appeal process makes damages for emotional distress unrecoverable.
Torts Jun. 26, 1999
Penilla v. City of Huntington Park
Police officers are not entitled to qualified immunity if their affirmative actions place individual in danger.
Torts Jun. 26, 1999
Souza v. City of Antioch
Police responding to hostage situation aren't immune from liability but assume duty to act reasonably.
Torts Jun. 26, 1999
Chen v. Superior Court (Prudential Homes Corporation)
Contemporaneous perception of injury-causing event may be established through senses other than visual.
Torts Jun. 26, 1999
Deteresa v. American Broadcasting Companies Inc.
Reporter can secretly tape interviewee not wanting to appear on air without eavesdropping or privacy violation.
Torts Jun. 25, 1999
Rutherford v. Owens-Illinois Inc.
Asbestos-injured plaintiff must show exposure to defendant's product is substantial factor, within reasonable medical probability.
Torts Jun. 25, 1999
Barnes v. Black
Landowner owes duty of care to prevent tenant's children from exposure to unreasonable risk of injury on off-premises busy street.
Torts Jun. 24, 1999
Dreier v. U.S.
'Feres' doctrine doesn't preclude action against United States for wrongful death of intoxicated off-duty soldier.
Torts Jun. 24, 1999
Chen v. Los Angeles County Superior Court (Prudential Homes Corporation)
Contemporaneous perception of injury-causing event may be established through senses other than visual.
Torts Jun. 23, 1999
Souza v. City of Antioch
Police responding to hostage situation aren't immune from liability but assume duty to act reasonably.
Torts Jun. 23, 1999
Derderian v. Dietrick
One-year limitations period isn't tolled and expires before filing of wrongful death action against doctor.
Torts Jun. 23, 1999
Moreno A., a Minor
Proposition 51's limitation of damages for 'deep pocket' tortfeasors doesn't apply to retailer of defective product.
Torts Jun. 23, 1999
Wimberly v. Derby Cycle Corp.
Proposition 51 doesn't apply to reduce liability of manufacturer found strictly liable for plaintiff's injuries.
Torts Jun. 23, 1999
Hansen v. Sunnyside Products, Inc.
Product label warnings are relevant in determining whether product has design defect under risk/benefit test.
Torts Jun. 23, 1999
Kaufman v. Orange County Superior Court (Kanarek)
Litigation privilege bars tort action against attorney for willful silence despite duty to speak.
Torts Jun. 23, 1999
Grant v. Clampitt
Bankruptcy automatic stay provisions aren't applicable to unrelated action for civil harassment injunction against debtor.
Torts Jun. 23, 1999
Papenthien v. Papenthien
Statutory enlargement of limitations period for domestic violence personal injury claim applies to pending case.
Torts Jun. 23, 1999
Eastwood v. National Enquirer Inc.
Tabloids act with malice by falsely labeling interview with celebrity as 'exclusive,' suggesting willingness to talk.
Torts Jun. 23, 1999
Shulman v. Group W Productions, Inc.
Triable issue exists whether accident victim's privacy rights are violated by video of ambulance ride.
Torts Jun. 22, 1999
Asgari v. City of Los Angeles
Immunity from malicious prosecution precludes recovery in false arrest action for incarceration-period following arraignment.
Torts Jun. 22, 1999
McGee v. City of Laguna Beach
City is immune from liability after fleeing suspect crashes during police pursuit, causing boy's quadriplegia.
Torts Jun. 22, 1999
Cooper v. Superior Court (Roberson)
Plaintiff seeking punitive damages for sexual battery by gynecologist must get order to file claim.
Torts Jun. 22, 1999
Calatayud III v. State of California
Exception to firefighter rule allows recovery of another agency.
Torts Jun. 22, 1999
City of Huntington Beach v. City of Westminster
Two cities are required to share burden of judgment for robbery victim's dog bite injury.
Torts Jun. 22, 1999
Bio-Psychiatric-Toxicology Laboratory Inc. v. Radcliff & West
Not pursuing collateral estoppel defense isn't attorney malpractice and plaintiff's unclean hands is complete defense.
Torts Jun. 21, 1999
Bio-Psychiatric-Toxicology Laboratory, Inc. v. Radcliff & West
Not pursuing collateral estoppel defense isn't attorney malpractice and plaintiff's unclean hands is complete defense.
Torts Jun. 21, 1999