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Name Category Published
Call v. State Industries
Order
Torts Aug. 1, 2000
Delaney v. Deere and Co,
Summary judgment reversed when decision based on law Kansas doesn't follow.
Torts Aug. 1, 2000
Lawrence (infant) v. Taylor
Failure of motorcycle driver to wear helmet inadmissible to show negligence or mitigate damages.
Torts Aug. 1, 2000
Trinity Universal Ins. v. Streza
Contractor not subject to standards for use of propane such that violation of standards is negligence per se.
Torts Aug. 1, 2000
Baron v. Sayre Memorial Hospital Inc.
Order
Torts Aug. 1, 2000
Choate v. Champion Home Builders Co.
Claim for defective smoke detector is neither expressly nor impliedly pre-empted by National Manufactured Housing Construction and Safety Act.
Torts Aug. 1, 2000
Devereaux v. Perez
Issue of qualified immunity not reached in due process case that fails to identify violation of a cognizable right.
Torts Jul. 19, 2000
Martinez v. American Oil
Order
Torts Jul. 13, 2000
Heard v. Bonnevill Billing and Collections
Order
Torts Jul. 13, 2000
Bastian v. United States Bureau of Prisons
Order
Torts Jul. 13, 2000
Pendergraft v. Wal-Mart Stores Inc.
Order
Torts Jul. 13, 2000
Balkind v. Telluride Mountain Title Co.
Negligent misrepresentation claim fails where the plaintiff could have learned the truth by reasonable inquiry.
Torts Jul. 13, 2000
Valencia v. Michaud
Landlord has duty to protect tenants' daughter from violent attack, by another tenant's son, that occurs on apartment building's premises.
Torts Jul. 13, 2000
Beck v. Prupis
Employee terminated for whistle blowing against recketeering activity cannot raise Racketeer Influenced and Corrupt Organizations Act claim.
Torts Jul. 6, 2000
Norgart v. Upjohn Co.
Where several possible causes, limitations period doesn't commence until plaintiff should suspect specific defendant caused injury.
Torts Jul. 4, 2000
Coprich v. Superior Court
Policy considerations preclude tort recovery for negligent spoliation of evidence, but not the existence of duty based on contract.
Torts Jun. 30, 2000
Union Pacific Corp. v. Wengert
Comparative equitable indemnity is available only for that portion of settlement attributable to economic damages.
Torts Jun. 30, 2000
Hamilton v. Asbestos Corporation Ltd.
Second asbestos exposure action is not barred by earlier action for different disease.
Torts Jun. 30, 2000
Mack v. Soung
Doctor is not exempt from suit under Elder Abuse Act.
Torts Jun. 30, 2000
First Interstate Bank of Arizona v. Murphy Weir & Butler
Law firm has not duty to disclose to client that it hired law clerk of judge before whom it was appearing on pending matter.
Torts Jun. 29, 2000
Brady v. United States
Under Federal Torts Claim Act, plaintiff's first dismissed complaint, is not an automatic administrative claim in subsequent action based on same facts.
Torts Jun. 29, 2000
Cochran v. NYP Holdings Inc.
Newspaper article stating that famous attorney will say or do just about anything to win, typically at expense of truth, is nondefamatory opinion.
Torts Jun. 29, 2000
Tonnessen v. Denver Publishing Co.
Newspaper insulated from defamation claim based on wife's accusation in court that husband raped her.
Torts Jun. 29, 2000
Desert Golf Cars v. Yamaha Motor Co.
Defense costs borne by upstream manufacturer unless downstream seller's modification is substantial cause of plaintiff's injuries.
Torts Jun. 22, 2000
389 Orange Street Partners v. Arnold
Connecticut's limitations period for tort actions bars claim where fraudulent concealment exception doesn't apply.
Torts Jun. 22, 2000
Oregon Laborers-Employers Health & Welfare Trust Fund v. Philip Morris Inc.
Health care trust funds lack standing to seek reimbursement from tobacco companies for smoking-related illnesses.
Torts Jun. 22, 2000
389 Orange Street Partners v. Robinson
Connecticut's limitations period for tort actions bars claim where fraudulent concealment exception doesn't apply.
Torts Jun. 22, 2000
C.B. v. Sabalos
Abuse of discretion when court does not consider redaction of nonparties' identification when compelling production of medical records.
Torts Jun. 22, 2000
Goebel v. Denver & Rio Grand Western Railroad Co.
District court, when faced with objection to expert testimony, must demonstrate by specific findings on record that it performed its duty as gatekeeper.
Torts Jun. 21, 2000
Slack v. Farmers Insurance Exchange
Pro rata liability among tortfeasors statute applies to both intentional and negligent tortfeasors.
Torts Jun. 21, 2000