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Name Category Published
Erlich v. Menezes
Homeowners are entitled to recover damages from contractor for emotional distress, physical pain, and lost wages. 		Torts May 10, 2000
Etcheverry v. Tri-Ag Service Inc.
Federal Insecticide, Fungicide, and Rodenticide Act doesn't pre-empt failure to warn claims. 		Torts May 10, 2000
Beck v. Prupis
Injury caused by overt act that is not racketeering or otherwise wrongful under RICO laws does not give rise to cause of action. 		Torts May 7, 2000
American Golf Corp. v. Superior Court (Becker)
Golfer's personal injury action against golf course for negligent design and placement of yardage marker is barred by assumption of risk doctrine. 		Torts May 4, 2000
Inter Mountain Mortgage Inc. v. Sulimen
Summary judgment is improper where dispute exists whether employee committed fraudulent acts within scope of employment. 		Torts May 4, 2000
Garcia v. Wal-Mart Stores Inc.
In negligence action, court's refusal to submit instruction on mitigation of economic damages to jury does not constitute fundamental injustice. 		Torts May 2, 2000
Reinen v. Northern Arizona Orthopedics Ltd.
Objection to qualifications of expert witness must be made before or at time testimony is given, not after. 		Torts May 2, 2000
Dupont v. Preston
Plaintiff in medical malpractice action may recover damages for physical impairment. 		Torts May 2, 2000
DuPont Merck Pharmaceutical Co. v. Superior Court (Newman)
Equivalence of drug and its generic counterpart is public interest issue. 		Torts Apr. 28, 2000
Mike Davidov Co. v. Issod
If defendant does not produce financial records in violation of court order, court may award punitive damages without evidence of defendant's financial condition. 		Torts Apr. 28, 2000
Lund v. Bally's Aerobic Plus Inc.
Waiver and release provision contained in gym's standard membership contract also applies to personal training services. 		Torts Apr. 28, 2000
Scheiding v. General Motors Corp.
Federal law forecloses state law causes of action against locomotive manufacturers for defective product design. 		Torts Apr. 28, 2000
Haggis v. City of Los Angeles
Failure to establish city had mandatory duty to preserve developed property on unstable land precludes all claims against city. 		Torts Apr. 28, 2000
Shipman v. Boething Treeland Farms,Inc.
Private property owner owes no duty to injured, recreational vehicle driver when driver was uninvited, non-paying recreational user of land. 		Torts Apr. 28, 2000
Paz v. State of California
Contract for public project doesn't create general duty to third persons. 		Torts Apr. 27, 2000
Belton v. Bowers Ambulance Service
Incarceration extends Statute of Limitations in prisoner's suit against health care provider a maximum of three years. 		Torts Apr. 20, 2000
Gee v. Shepherd
Order 		Torts Apr. 18, 2000
O'Dell v. Sun Refining and Marketing Co.
Order 		Torts Apr. 18, 2000
Hutton v. Deere & Co.
Order 		Torts Apr. 18, 2000
Pringle v. United States
Army servicemans claim under the Federal Tort Claims Act is barred where his injuries resulted while he was on-duty. 		Torts Apr. 18, 2000
Storts v. Hardee's Food Systems
Order 		Torts Apr. 18, 2000
Hale v. Danny's Construction Co.
Order 		Torts Apr. 18, 2000
Dirt Hogs v. Natural Gas Pipeline Co.
Order 		Torts Apr. 18, 2000
Cardtoons L.C. v. Major League Baseball Players Assn.
Noerr-Pennington doctrine does not provide immunity for purely private threats of litigation. 		Torts Apr. 18, 2000
Ortiz v. United States Border Patrol
Order 		Torts Apr. 18, 2000
White v. Muniz
Mentally disabled person may be held liable for intentional torts, but only if he intended to cause offensive or harmful consequences by his acts. 		Torts Apr. 18, 2000
Tracz v. Charter Centennial Peaks Behavioral Health Systems Inc.
In-person evaluation is not required prior to 72-hour mental health hold. 		Torts Apr. 5, 2000
Schmitz v. Aston
Accusing neighbor of child molestation doesn't justify application of conditional privilege unless certain factors are met. 		Torts Apr. 4, 2000
Ostayan v. Serrano Reconveyance Co.
Negligent misrepresentation action requires actual and reasonable reliance on defendant's representation. 		Torts Mar. 31, 2000
Shipman v. Boething Treeland Farms Inc.
Private property owner owes no duty to injured, recreational vehicle driver when driver was uninvited, non-paying recreational user of land. 		Torts Mar. 31, 2000
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