| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
95-56239
|
Maneely v. General Motors Corp.
Pickup truck manufacturer has no duty to warn of dangers from riding in cargo bed. |
Torts |
|
Jul. 26, 1999 | |
|
94-56137
|
Southland Sod Farms v. Stover Seed Co.
In Lanham Act false advertising case, court abuses discretion in disregarding plaintiff's expert testimony. |
Torts |
|
Jul. 26, 1999 | |
|
95-16149 and 95-16748
|
Neibel v. Trans World Assurance Co.
Plaintiff receives treble damages under RICO and state-law punitive damages for defendant's same conduct. |
Torts |
|
Jul. 26, 1999 | |
|
S046001
|
Richards v. Owens-Illinois
Proportionate fault isn't allocated to absent tobacco companies in smoker's suit for asbestos lung injury. |
Torts |
|
Jul. 25, 1999 | |
|
B096993
|
Marquez v. Enterprise Rent-A-Car
Rental car company isn't liable for injuries caused by person not authorized to drive vehicle. |
Torts |
|
Jul. 25, 1999 | |
|
95-55173
|
Papike v. Tambrands Inc.
State failure-to-warn claim for tampon use injuries is pre-empted by Food, Drug, and Cosmetics Act. |
Torts |
|
Jul. 25, 1999 | |
|
95-56365
|
Snell v. Bell Helicopter Textron Inc.
Manufacturer's design control and placement of aircraft component allegedly causing accident precludes 'military contractor' defense. |
Torts |
|
Jul. 25, 1999 | |
|
98-0627
|
Smith v. Arizona Board of Regents
Recreational use statute does not shield property owner from tort liability for injuries sustained on a 'carnival-type' apparatus placed temporarily on property. |
Torts |
|
Jul. 22, 1999 | |
|
92-0410
|
State of Arizona v. Heinze
State's indemnification of state officer for personal liability for sexual misconduct and harassment is not unconstitutional or illegal. |
Torts |
|
Jul. 22, 1999 | |
|
B087488
|
Mattco Forge Inc. v. Young
Trial-within-a-trial burden applies in professional malpractice action for accounting litigation support services. |
Torts |
|
Jul. 19, 1999 | |
|
B099197
|
Robbins v. Blecher
Voluntary dismissal of enforcement action, after reversal of underlying judgment, isn't favorable termination on merits. |
Torts |
|
Jul. 19, 1999 | |
|
A073121
|
Braun v. The Chronicle Publishing Co.
News reporting activity is protected from defamation suit by Strategic Lawsuit Against Public Participation statute. |
Torts |
|
Jul. 19, 1999 | |
|
95-55464
|
Alvarez-Machain v. U.S.
Torture Victim Protection Act applies to events prior to its enactment. |
Torts |
|
Jul. 19, 1999 | |
|
95-55464
|
Alvarez-Machain v. United States
Torture Victim Protection Act applies to events prior to its enactment. |
Torts |
|
Jul. 19, 1999 | |
|
C023840
|
Rio Linda Unified School District v. Superior Court (Diaz)
Disregarding inadmissible hearsay evidence after defense objection requires summary judgment since plaintiff cannot prove case. |
Torts |
|
Jul. 18, 1999 | |
|
95-17175
|
Gee v. Southwest Airlines
Airline Deregulation Act pre-empts state law claims regarding crew's service but not concerning safety operations. |
Torts |
|
Jul. 18, 1999 | |
|
G020180
|
Kaufman v. Superior Court (Kanarek)
Litigation privilege bars tort action against attorney for willful silence despite duty to speak. |
Torts |
|
Jul. 18, 1999 | |
|
96-15933
|
Diviero v. Uniroyal Goodrich Tire Co.
Opinion testimony is inadmissible if expert cannot dismiss other accident causes and cannot explain reasoning. |
Torts |
|
Jul. 18, 1999 | |
|
G020180
|
Kaufman v. Superior Court (Kanarek)
Litigation privilege bars tort action against attorney for willful silence despite duty to speak. |
Torts |
|
Jul. 18, 1999 | |
|
97-0536
|
Taeger v. Catholic Family & Community Services
Adoptive parents have a fiduciary relationship with private adoption agency sufficient for cause of action for constructive fraud. |
Torts |
|
Jul. 15, 1999 | |
|
98-0218
|
Monaco v. HealthPartners of Southern Arizona
Evidence of long-term physical illness or mental disturbance is sufficient to support a claim of negligent infliction of emotional distress. |
Torts |
|
Jul. 15, 1999 | |
|
D022653
|
Jacobs v. Universal Development Corporation
In pari delicto defense isn't applicable where discharged employee acquiesced in employer's illegal conduct |
Torts |
|
Jul. 15, 1999 | |
|
B108343
|
Viad Corp. v. Superior Court (Allison)
Claim for asbestos exposure from insulation contained in locomotives isn't pre-empted by Boiler Inspection Act. |
Torts |
|
Jul. 14, 1999 | |
|
G015273
|
Lucas v. Dowdall
Failure to show tort liability action based on plaintiff's malice precludes dismissal of malicious prosecution action. |
Torts |
|
Jul. 13, 1999 | |
|
G014942
|
Higgins v. State of California
Substantial evidence supports government's claim of design immunity for injuries from accident on freeway. |
Torts |
|
Jul. 10, 1999 | |
|
95-56491
|
Jackson v. United States
No malpractice claim under Tort Act for military doctor's treatment of inactive reservist's training injury. |
Torts |
|
Jul. 10, 1999 | |
|
F025174
|
Newman v. Burnett
Minor's notice of intent served during final 90 days of three-year limitations period tolls statute. |
Torts |
|
Jul. 10, 1999 | |
|
94-56527
|
Harris v. Ford Motor Co.
Safety Act pre-empts state product liability claim against manufacturer for failing to install driver-side airbag. |
Torts |
|
Jul. 9, 1999 | |
|
95-17175, 96-36117, 95-36188 and 95-56278
|
Gee v. Southwest Airlines
Airline Deregulation Act pre-empts state law claims regarding crew's service but not concerning safety operations. |
Torts |
|
Jul. 9, 1999 | |
|
D022943
|
The Fieldstone Co. v. Briggs Plumbing Products Inc.
Strict liability claims for defective sinks are precluded if only damage is to product itself. |
Torts |
|
Jul. 9, 1999 |
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