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INTRIERI v. SUPERIOR COURT OF SANTA CLARA COUNTY (OCADIAN CARE CTRS., INC.)

California Court of Appeal
Elder Law, Injury & Tort Law
In this case, arising from the death of an Alzheimer's patient following her admission to a nursing home, triable questions of fact exist as to the...
03/25/2004 H025074

ZBYLUT v. HARVEY'S IOWA MGMT. CO., INC.

United States Eighth Circuit
Admiralty, Injury & Tort Law, Labor & Employment Law
Summary judgment was properly granted to defendant-employer on plaintiff's claim that he was constructively discharged after complaining of being...
03/25/2004 03-1752

COVENANT CARE, INC. v. SUPERIOR COURT OF LOS ANGELES COUNTY (INCLAN)

Supreme Court of California
Elder Law, Health Law, Injury & Tort Law, Remedies
A plaintiff seeking heightened civil remedies under the Elder Abuse Act may ignore Code of Civil Procedure section 425.13's limitations on actions for...
03/25/2004 S098817

PELAEZ v. SEIDE

Court of Appeals of New York
Health Law, Injury & Tort Law
Municipalities who provided certain inspection and health counseling services to plaintiffs are not secondarily liable for injuries sustained from...
03/25/2004 23, 24

IN RE TETRA APPLIED TECHS. L P

United States Fifth Circuit
Admiralty, Civil Procedure, Injury & Tort Law, Oil and Gas Law
An exoneration stipulation is not required to protect a shipowner's rights under the Limitation Act. District court abused its discretion by requiring...
03/24/2004 03-30719

SWIFT v. DEP'T OF CORRECTIONS

California Court of Appeal
Criminal Law & Procedure, Government Law, Injury & Tort Law, Sentencing
Per Government Code section 845.8, parole agents are immune for actions related to the determination of whether to revoke parole. Defendant was...
03/23/2004 D041404

GLOBETROTTER SOFTWARE, INC. v. ELAN COMPUTER GROUP, INC.

United States Federal Circuit
Injury & Tort Law, Intellectual Property, Patent
Because plaintiff's communications asserting infringement of its patent were not objectively baseless, defendant's state-law tort and unfair...
03/23/2004 03-1179, 03-1205

WILLIAMS v. REINTJES CO., INC.

United States Eighth Circuit
Injury & Tort Law, Labor & Employment Law
Section 301 of the Labor Management Relations Act preempts plaintiff's state law tort claims for fraud, negligent misrepresentation and conversion,...
03/23/2004 03-1863

NORTHFIELD INS. CO. v. LOVING HOME CARE, INC.

United States Fifth Circuit
Injury & Tort Law, Insurance Law
Pursuant to Texas's strict eight corners rule, plaintiff was properly found to owe defendant a duty to defend in the underlying tort suit, arising...
03/22/2004 02-21254

WILEY v. CITY OF CHICAGO

United States Seventh Circuit
Civil Rights, Criminal Law & Procedure, Injury & Tort Law
Plaintiff's Fourth Amendment claim for false arrest must be reinstated. Though the two-year statute of limitations in such cases normally runs from...
03/22/2004 03-1490

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