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Mutual Pharmaceutical Co. Inc. v. Bartlett
Woman who was horrifically disfigured by generic drug may not sue manufacturer because federal law and state law were in conflict regarding drug’s label.
Torts Jun. 24, 2013
Cann v. Stefanec
Athlete injured by weight dropped by teammate during mandatory weight training assumes risk of injury from dropped weight.
Torts Jun. 24, 2013
Smith v. St. Jude Medical Inc.
Pacemaker salesperson does not owe duty of care to patient who died during pacemaker implantation with respect to acts that caused her death.
Torts Jun. 19, 2013
Air Wisconsin Airlines Corp. v. Hoeper, William L.
Order
Torts Jun. 18, 2013
Southern California Edison Co. v. City of Victorville
Passenger in vehicle that struck light pole during accident may maintain negligence lawsuit against utility company over placement of light pole.
Torts Jun. 17, 2013
Teva Pharmaceuticals USA Inc. v. Superior Court (Pikerie)
Federal law does not preempt claims alleging generic drug manufacturer failed to update its product label to match brand-name drug label.
Torts Jun. 16, 2013
Pedeferri v. Seidner Enterprises
Toxicologist’s crucial opinion that driver involved in traffic accident used marijuana chronically is improperly permitted, requiring new trial.
Torts Jun. 13, 2013
State Farm Mutual Automobile Insurance Co. v. Huff
Hospital may not recover unpaid medical expenses from patient's personal injury award because it failed to prove its services were reasonable and necessary.
Torts Jun. 11, 2013
Nevarrez v. San Marino Skilled Nursing and Wellness Centre
Citation issued by Dept. of Public Health may not be used as evidence against nursing home in case alleging elder abuse.
Torts Jun. 6, 2013
Freeny v. City of San Buenaventura
Designers of living facility for senior citizens may not sue city council members after city rejected their application for building permits.
Torts Jun. 5, 2013
Rybicki v. Carlson
Bicyclist may not sue vehicle’s passengers when its underage driver hit him the morning after she drank alcoholic beverages purchased by passengers.
Torts May 23, 2013
Greene v. Bank of America
Customer may sue bank because he was acquitted of criminal charges after manager told police that he had threatened to blow up the bank.
Torts May 17, 2013
Pedeferri v. Seidner Enterprises
Toxicologist’s crucial opinion that driver involved in traffic accident used marijuana chronically is improperly permitted, requiring new trial.
Torts May 16, 2013
Corenbaum v. Lampkin
In hit-and-run case, full amount billed for medical care may not be used to determine damages where medical providers accepted lower amount as full payment.
Torts May 15, 2013
Corenbaum v. Lampkin
In hit-and-run case, full amount billed for medical care may not be used to determine damages where medical providers accepted lower amount as full payment.
Torts May 1, 2013
Jameson v. Desta
Inmate may pursue medical malpractice claim against treating physician for unnecessarily prescribing hepatitis drug that permanently damaged inmate’s eyesight.
Torts Apr. 30, 2013
Perry v. County of Fresno
County is not liable when its correctional officer used inmates’ information in computer system to write threatening letters as part of personal vendetta.
Torts Apr. 29, 2013
Hall v. Aurora Loan Services LLC
Real estate agent may sue owners of house after she injured herself when climbing ladder to attic because owners may have known ladder was dangerous.
Torts Apr. 29, 2013
Montenegro v. City of Bradbury
City is not liable for injuries suffered by woman after she fell over protruding tree trunk while walking along pathway used as recreational trail.
Torts Apr. 26, 2013
Hernandez v. Amcord Inc.
Wife may sue company that manufactured asbestos-containing gun plastic cement after her husband died of mesothelioma due to asbestos exposure.
Torts Apr. 19, 2013
Kiobel v. Royal Dutch Petroleum Co.
Federal courts cannot hear Nigerian nationals’ allegations that foreign oil companies cooperated with Nigerian military to suppress environmental protests.
Torts Apr. 18, 2013
Makaeff v. Trump University LLC
Trump University, which offered to teach Donald Trump’s real estate 'success secrets,' must prove malice before suing former student for defamation.
Torts Apr. 18, 2013
Webb v. Special Electric Co. Inc.
Asbestos exposure case is revived due to trial court's improper grant of judgment notwithstanding verdict after jury returned verdict in favor of plaintiff.
Torts Apr. 11, 2013
Luttrell v. Island Pacific Supermarkets Inc.
Plaintiff’s recovery for ulcer treatment is reduced based on amount of medical expenses actually paid, rather than amounts billed by health care providers.
Torts Apr. 10, 2013
Spriesterbach v. Holland
In motor vehicle negligence case, court does not need to give right-of-way instruction when jury already found defendant used reasonable care.
Torts Apr. 10, 2013
Perry v. County of Fresno
County is not liable when its correctional officer used inmates’ information in computer system to write threatening letters as part of personal vendetta.
Torts Apr. 5, 2013
Quigley v. McClellan
Veterinarian who performed prepurchase examination of competition horse is not negligent because no evidence showed other doctors would have acted differently.
Torts Apr. 1, 2013
Collins v. Navistar Inc.
Driver may sue truck manufacturer for product liability after he suffered injuries when teenager threw rock through windshield, striking him in the head.
Torts Apr. 1, 2013
Millbrook v. United States
Federal prisoner may pursue tort claims against U.S. government alleging he was sexually assaulted and verbal threatened by correctional officers while in custody.
Torts Mar. 27, 2013
Perez v. Nidek Co. Ltd.
LASIK eye surgery patient may not sue laser manufacturer solely because unapproved FDA status of device was not disclosed.
Torts Mar. 25, 2013