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Marley v. United States
Limitations period in Federal Tort Claims Act is deemed jurisdictional, barring application of equitable estoppel or tolling. 		Torts Dec. 9, 2008
Greystone Homes Inc. v. Midtec Inc.
Builder may recover economic losses from product manufacturer that violated Right to Repair Act through equitable indemnity action. 		Torts Dec. 4, 2008
Sarti v. Salt Creek Ltd.
JNOV in favor of restaurant in food poisoning case is reversed where reasonable jury could infer cross-contamination. 		Torts Nov. 28, 2008
Williamson v. Mazda Motor of America Inc.
Federal Motor Vehicle Safety Standard preempts claim alleging liability for failure to install lap/shoulder seatbelt in vehicle’s middle seating position. 		Torts Nov. 20, 2008
Conte v. Wyeth Inc.
Drug manufacturer owes duty of care to disseminate accurate product information to those who consume generic equivalent. 		Torts Nov. 10, 2008
Arriaga v. CitiCapital Commercial Corp.
Lessor that merely provided financing for glue spreader is not strictly liable for worker's injury. 		Torts Nov. 5, 2008
Shopoff & Cavallo v. Hyon
Demurrer to conversion cause of action is properly sustained in long-running litigation over assets. 		Torts Nov. 3, 2008
Sarti v. Salt Creek
JNOV in favor of restaurant in food poisoning case is reversed where reasonable jury could infer cross-contamination. 		Torts Oct. 29, 2008
Kindrich v. The Long Beach Yacht Club
Primary assumption of risk does not apply where plaintiff voluntarily jumped off of boat onto dock. 		Torts Oct. 29, 2008
Williamson v. Mazda Motor of America Inc.
Federal Motor Vehicle Safety Standard preempts claim alleging liability for failure to install lap/shoulder seatbelt in vehicle’s middle seating position. 		Torts Oct. 23, 2008
Alcala v. Vazmar Corp.
Instruction on negligence per se is not required where reinstalled tires are not covered by statute designed to prevent use of unsafe tires. 		Torts Oct. 21, 2008
Castaneda v. United States
42 U.S.C. Section 233(a) does not establish FTCA as exclusive remedy for constitutional violations committed by Public Health Service employees. 		Torts Oct. 3, 2008
Gunn v. Mariners Church Inc.
Ministerial exception precludes court intervention in action against church where pastor announced to congregation that worship director was fired due to homosexuality. 		Torts Oct. 2, 2008
McKenney v. Purepac Pharmaceutical Company
State law tort claim for failure to warn of prescription drug's side effects is not pre-empted by federal law. 		Torts Sep. 29, 2008
MB Financial Group Inc. v. U.S. Postal Service
U.S. Postal Service is not immune from claim arising from failure to make box available due to improper handling of fees. 		Torts Sep. 26, 2008
Wilkinson v. Zelen
Plaintiff must prove factual innocence and exoneration as to all transactionally related offenses in order to maintain legal malpractice action. 		Torts Sep. 26, 2008
Abagninin v. AMVAC Chemical Corp.
Ivory Coast residents' claim of genocide against pesticide manufacturer fails to allege specific intent to destroy certain group. 		Torts Sep. 25, 2008
Salinas v. Martin
Property owner owed duty of care to contractor's employee to remove dangerous dogs from his property. 		Torts Sep. 24, 2008
Sun v. City of Oakland
City is not liable for pedestrian's death where removal of crosswalk markings does not create dangerous condition. 		Torts Sep. 17, 2008
Pesnell v. Arsenault
Constitutional claims are not necessarily foreclosed by statutory bar of Federal Tort Claims Act. 		Torts Sep. 16, 2008
Dumontier v. Schlumberger Technology Corp.
Subcellular damage may create risk of disease but does not amount to bodily injury under Price-Anderson Act. 		Torts Sep. 12, 2008
Rodriguez v. United States
Federal tort case is remanded for court to determine whether modification of fee award against government is necessary. 		Torts Sep. 5, 2008
Padilla v. Pomona College
Employer is not liable under retained control doctrine where task of providing safe work environment was delegated to subcontractor. 		Torts Sep. 4, 2008
Jones v. P.S. Development Company Inc.
Defendants are not liable for injuries of airport security employee who tripped over explosive detection machine. 		Torts Sep. 4, 2008
Salinas v. Martin
Property owner owed duty of care to contractor's employee to remove dangerous dogs from his property. 		Torts Sep. 2, 2008
Ieremia v. Hilmar Unified School District
Incidents of ownership must be shown to demonstrate 'owner' status under Vehicle Code Section 3333.4. 		Torts Aug. 28, 2008
Ramirez v. Nelson
Court concludes that Penal Code Section 385(b) does not give rise to negligence per se where worker's own negligent act violated statute. 		Torts Aug. 5, 2008
Gehr v. Baker Hughes Oil Field Operations Inc.
Plaintiff may not recover interest rate differential damages for contamination of property under continuing nuisance theory. 		Torts Aug. 1, 2008
Phillips v. E.I. DuPont de Nemours & Co.
Plutonium producers who helped make atomic bomb are not entitled to immunity under government contractor defense for liability arising from radioiodine exposure. 		Torts Jul. 31, 2008
Twardowski v. American Airlines Inc.
Plaintiffs' claims under Article 17 of Warsaw Convention fail where they allege failure to warn of in-flight deep vein thrombosis. 		Torts Jul. 31, 2008
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