all - Opinion Summaries

SPORN v. HOME DEPOT

Civil Procedure, Injury & Tort Law
The trial court's denial of defendant's motion to set aside a default judgment is affirmed where the motion for relief was untimely and defendant...

MCGUIRE v. DAVIDSON MFG. CORP.

Injury & Tort Law, Product Liability
Under a theory of res ipsa loquitur in a comparative negligence system, Iowa courts would hold that plaintiffs need not disprove their own fault in...

LEASE AND RENTAL MGMT. v. ARROWHEAD CENT. CREDIT UNION

Banking Law, Consumer Protection Law, Injury & Tort Law
There is no basis for liability when a credit union gives its subjective opinion about the creditworthiness of its customer and that opinion is...

BECKETT v. MASTERCRAFT BOAT CO.

Admiralty, Constitutional Law, Injury & Tort Law
The federal Death on the High Seas Act provides the exclusive remedy for wrongful death occurring in foreign waters and preempts any state law remedy.

RIO GRANDE CMTY. HEALTH CTR. v. RULLAN

Civil Rights, Health Law, Injury & Tort Law, Remedies
Health centers serving the medically underserved have enforceable rights to sue, under 42 U.S.C. section 1983, to obtain an injunction requiring that...

SMALL v. CHAO

Civil Rights, Government Law, Injury & Tort Law, Labor & Employment Law
Plaintiff's employment discrimination suit, stemming from the government's refusal to pay for his paralegal training, is dismissed where the federal...

BANOS v. CHICAGO

Civil Procedure, Civil Rights, Injury & Tort Law, Labor & Employment Law
In a challenge to the promotion procedures of a police department, summary judgment in favor of defendant-police department is affirmed over...

HARDIN v. BASF CORP.

Agriculture, Commercial Law, Constitutional Law, Injury & Tort Law, Product Liability
Plaintiffs' claims for negligence and strict liability, based on damage to their commercial tomato crop, are preempted by the Insecticide, Fungicide...

AM. HOME ASSURANCE CO. v. CHEVRON, INC.

Contracts, Injury & Tort Law, Insurance Law, Labor & Employment Law, Oil and Gas Law
An oil company may not enforce an indemnity clause, requiring its oilfield service contractor to indemnify the oil company against its own negligence,...

ALLSTATE INS. CO. v. DISABILITY SERV.

Health Law, Injury & Tort Law, Insurance Law
In an insurance dispute, plaintiff-insurance company has no duty to defend defendant-medical care provider in an underlying personal injury suit due...