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Jewish Defense Organization Inc. v. Superior Court (Rambam)
Out-of-state operation of web site, containing defamation, through California Internet service provider is insufficient for jurisdiction.
Torts Jul. 7, 1999
Arambula v. Wells
Under collateral source rule, money given as a gift to benefit tort victim isn't considered double recovery.
Torts Jul. 7, 1999
Sierra Club Foundation v. Graham
In malicious prosecution claim, question of whether underlying action ended in claimant's favor focuses on federal judgment and not related action's settlement.
Torts Jul. 7, 1999
Lucas v. Swanson & Dowdall
Failure to show tort liability action based on plaintiff's malice precludes dismissal of malicious prosecution action.
Torts Jul. 7, 1999
Shulman v. Group W Productions, Inc.
Triable issue exists whether accident victim's privacy rights are violated by video of ambulance ride.
Torts Jul. 7, 1999
Allan v. Snow Summit Inc.
Ski student's signing agreement to release ski resort from liability bars action for negligence.
Torts Jul. 6, 1999
Sanders v. American Broadcasting Companies Incorp.
Secret videotaping of conversation with employee in 'open work area' is not invasion of privacy.
Torts Jul. 6, 1999
Quarterman v. Kefauver
No attorney fees for plaintiff after property damaged by lead paint chips in urban backyard.
Torts Jul. 6, 1999
Hansen v. Sunnyside Products Inc.
Product label warnings are relevant in determining whether product has design defect under risk/benefit test.
Torts Jul. 6, 1999
Shartzer v. Keables
Defendant's unauthorized reading and dissemination of plaintiff's mental health records is serious invasion of privacy.
Torts Jul. 6, 1999
Allyson v. Dept. of Transportation
Public entity has no duty to remedy icy road conditions reasonably apparent to motorists.
Torts Jul. 6, 1999
Gilbert v. National Enquirer Inc.
National Enquirer isn't prevailing party entitled to fees and costs after actress' voluntary dismissal of complaint.
Torts Jul. 3, 1999
Zamora v. Shell Oil Co.
Negligence action for 'microcracking' in plumbing system doesn't exist if leaking has not occurred.
Torts Jul. 2, 1999
Metro-North Commuter Railroad Co. v. Buckley
No emotional distress statutory damages for railroad worker's asbestos exposure absent disease symptoms.
Torts Jul. 2, 1999
Shartzer v. Israels
Invasion of privacy occurs when criminal defense attorney reads and disseminates victim's mental health records.
Torts Jul. 1, 1999
Lucas v. Swanson & Dowdall
Failure to show tort liability action based on plaintiff's malice precludes dismissal of malicious action.
Torts Jul. 1, 1999
Caballero v. Gibson, Dunn & Crutcher
Unwanted litigation arising from attorney's negligence constitutes actual injury and accrual of malpractice claim.
Torts Jun. 29, 1999
Dilger v. Moyles
Primary assumption of risk bars suit after golfer is hit by ball on fairway.
Torts Jun. 29, 1999
Fontaine v. National Railroad Passenger Corp.
Liability based on defectively designed locomotive ladder is permitted under Boiler Inspection Act.
Torts Jun. 29, 1999
Del Rio v. Jetton
Malicious prosecution action isn't pre-empted by the provisions of the Civil Rights Act.
Torts Jun. 29, 1999
YMCA of Metropolitan Los Angeles v. Superior Court (Clark)
Valid waiver of liability agreement bars senior citizen's suit against YMCA for slip and fall.
Torts Jun. 29, 1999
Phraner v. Cote Mark Inc.
Adopted child does not have standing to bring action for wrongful death of biological mother.
Torts Jun. 29, 1999
Coastal Abstract Service Inc. v. First American Title Insurance Co.
Statement by title insurer to lender that escrow agent doesn't pay bills is defamation.
Torts Jun. 29, 1999
Anderson, Jr. v. Metalclad Insulation Corporation
Summary judgment is improper where moving party submits insufficient evidence to support inference that plaintiff is permanently disabled.
Torts Jun. 29, 1999
Salazar v. Southern California Gas Co.
Gas company isn't liable for injuries caused by vapors ignited by water heater pilot light.
Torts Jun. 28, 1999
National Union Fire Insurance v. United States
FTCA 'discretionary function exception' applies when government fails to correct breakwater to prevent storm damage.
Torts Jun. 28, 1999
Tietge v. Western Province of The Servites, Inc.
Statute retroactively amending statute of limitations revives adults' suit against priest for molestations occurring during childhood.
Torts Jun. 28, 1999
Scripps Health v. Marin
Mother's son can't be barred from hospital where he doesn't pose threat of future harm to hospital employees.
Torts Jun. 28, 1999
Wilson v. Wal-Mart Stores, Inc.
Success of complaint of attorney misconduct for first time on appeal ultimately rests on whether harm not curable by timely objection and admonition results in miscarriage of justice.
Torts Jun. 28, 1999
Benavidez v. San Jose Police Department
Police failure to protect woman and her son from brutal attack by boyfriend, doesn't create a 'special relationship' duty under negligence theory.
Torts Jun. 28, 1999