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Name Category Published
Katzberg v. Regents of the University of California
California Constitution does not provide damages in tort action that alleges violation of due process liberty interest. 		Torts Feb. 4, 2003
White v. Ford Motor Co.
In products liability action, punitive damages award unconstitutionally permitted Nevada jury to punish Ford for out-of-state conduct. 		Torts Feb. 4, 2003
Jimenez v. Superior Court (T.M. Cobb Co.)
Manufacturer of defective component installed in mass-produced home is subject to strict products liability. 		Torts Feb. 4, 2003
Souders v. Philip Morris Inc.
Repeal of state immunity statute subjects tobacco companies to liability in tort action. 		Torts Feb. 4, 2003
Miller v. Ellis
Trial court misapplied collateral source rule and remedy of equitable indemnification in action arising from legal malpractice. 		Torts Jan. 29, 2003
Flowers v. Carville
Plaintiff's defamation and false light claims are timely and complaint is sufficient to survive motion to dismiss. 		Torts Jan. 15, 2003
Cruze v. National Psychiatric Services Inc.
Hospital and physicians that admitted patient for suicidal thoughts are immune from tort lawsuit. 		Torts Jan. 8, 2003
StreetScenes v. ITC Entertainment Group Inc.
Punitive damages were properly awarded for acts of fraud, oppression and malice and trial court is to determine appropriate amount. 		Torts Jan. 7, 2003
Weingarten v. Superior Court (Pointe San Diego Residential Community)
Defendant who was uncooperative in disclosing financial information may be forced to produce tax returns to determine liability for punitive damages. 		Torts Dec. 25, 2002
Jimenez v. TM. Cobb Co.
Manufacturers of defective windows installed in mass-produced homes are subject to strict products liability. 		Torts Dec. 5, 2002
Garcia v. County of Sacramento
Medical lien on tort recovery may be waived when it would pose undue financial hardship on injured party. 		Torts Dec. 3, 2002
Medical Laboratory Management Consultants v. American Broadcasting Companies Inc.
Under Arizona law, television company that engaged in covert actions did not intrude upon any objectively reasonable expectation of privacy. 		Torts Nov. 19, 2002
Blair v. IRS
District court had jurisdiction under Federal Tort Claims Act to adjudicate plaintiff's wage loss claim, but not medical expenses claim. 		Torts Nov. 17, 2002
Doe v. City of Murrieta
Triable issues of fact exist as to whether police department knew or should have known officer was sexually exploiting teenagers. 		Torts Nov. 7, 2002
Souders v. Philip Morris Inc.
Revised statute that repeals immunity of tobacco companies against civil liability may be applied retroactively. 		Torts Oct. 31, 2002
Henley v. Philip Morris Inc.
Repealed statute that provided immunity to tobacco companies does not bar claim of consumer who began smoking before statute was enacted. 		Torts Oct. 30, 2002
Steam Press Holdings Inc. v. Hawaii Teamsters and Allied Workers Union, Local 696.
Statements of labor union president are protected and are not subject to state law defamation claims. 		Torts Oct. 29, 2002
Chaset v. Fleer/Skybox International LP
Purchasers of trading cards do not suffer an injury under Racketeer Influenced and Corrupt Organizations Act when they do not receive insert card. 		Torts Oct. 16, 2002
Rancho Viejo v. Tres Amigos Viejos
Residential developer's causes of action are barred by Civil Code Section 3482.5, which exempts prescribed agricultural activities from nuisance liability. 		Torts Oct. 8, 2002
Bird v. Saenz
Bystander does not have claim for negligent infliction of emotional distress based on medical malpractice when she was not in operating room. 		Torts Oct. 8, 2002
John Y. v. Chaparral Treatment Center Inc.
Treatment center is not vicariously liable for counselor's sexual assault of youth. 		Torts Oct. 7, 2002
Betterton v. Leichtling
Instructional error regarding negligence and informed consent in medical malpractice action is harmless. 		Torts Oct. 7, 2002
Deocampo v. Ahn
Court properly applies settlement with hospital defendant to offset damages for nonsettling defendant in medical malpractice case. 		Torts Oct. 7, 2002
Johnson v. Superior Court (California Cryobank Inc.)
Sperm bank is not liable for failing to disclose that donor had hereditary kidney disease. 		Torts Oct. 7, 2002
Grant-Burton v. Covenant Care Inc.
Employee fired for discussing bonus structures with other directors has claim for wrongful termination. 		Torts Oct. 2, 2002
Mejia v. Community Hospital of San Bernardino
Hospital is not entitled to nonsuit because there was triable issue as to whether negligent radiologist was ostensible agent. 		Torts Oct. 2, 2002
Ross v. Creel Printing & Publishing Co. Inc.
Creditors seeking payment for bad checks are not liable for intentional infliction of emotional distress. 		Torts Oct. 2, 2002
Wilson v. Parker, Covert & Chidester
Plaintiff fails to establish malicious prosecution when court denied motion to strike action as SLAPP suit. 		Torts Oct. 2, 2002
McCabe v. American Honda Motor Co.
Under 'consumer expectation theory,' issues of fact regarding design defect of driver-side air bag remain to be resolved. 		Torts Oct. 2, 2002
Alvarez v. Jacmar Pacific Pizza Corp.
Unforeseeable murder committed at restaurant does not warrant action for premises liability. 		Torts Oct. 2, 2002
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