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HAMBURG v. WAL-MART STORES, INC.

California Court of Appeal
Constitutional Law, Injury & Tort Law
Lower court erred in granting summary judgment to defendant in a suit for false arrest and false imprisonment of protesters at one of its stores. The...
03/03/2004 A101829

MCNEILL v. STATE FARM LIFE INS. CO.

California Court of Appeal
Injury & Tort Law, Insurance Law
Because defendants did not establish that plaintiff's fraud claim was barred by a class action settlement, or by the statute of limitations, plaintiff...
03/03/2004 B161845

HAMBURGER v. STATE FARM MUT. AUTO. INS. CO.

United States Fifth Circuit
Civil Procedure, Evidence, Injury & Tort Law, Insurance Law
Trial court did not abuse its discretion in striking expert testimony on causation, because plaintiff did not timely identify the expert as required...
03/02/2004 02-21126

PIERCE v. GILCHRIST

United States Tenth Circuit
Civil Rights, Criminal Law & Procedure, Injury & Tort Law
A claim may be actionable under section 1983 without satisfying the requirements of analogous common law tort. Motions to dismiss brought by a...
03/02/2004 02-6241, 02-6351

FRANKLIN v. DYNAMIC DETAILS, INC.

California Court of Appeal
Injury & Tort Law
E-mails sent to companies with which plaintiffs did business were not libelous; they expressed opinions and fully disclosed provably true facts on...
03/02/2004 G031625

AUSTIN v. WILL-BURT CO.

United States Fifth Circuit
Injury & Tort Law, Product Liability
There is no evidence that the telescoping mast manufactured by defendant failed to function as expected, though it electrocuted a man after becoming...
03/01/2004 03-60007

STATE AUTO. INS. CO. v. LAWRENCE

United States Eighth Circuit
Dispute Resolution & Arbitration, Injury & Tort Law, Insurance Law
District court did not err in determining defendant-insured had not complied with Arkansas law in making a claim for underinsured motorist (UIM)...
03/01/2004 03-2133

GRADLE v. DOPPELMAYR USA, INC.

California Court of Appeal
Evidence, Injury & Tort Law, Labor & Employment Law, Product Liability
In a tort suit against the manufacturer of allegedly defective ski-lift machinery, trial court erred in excluding evidence of Cal-OSHA rules and...
02/27/2004 C041861

REPPERT v. MARVIN LUMBER & CEDAR CO., INC.

United States First Circuit
Civil Procedure, Class Actions, Injury & Tort Law, Product Liability
Plaintiffs' suit, alleging damages by reason of defective windows manufactured by defendant, was properly dismissed on res judicata grounds, given the...
02/27/2004 03-2234

RICCARDO v. RAUSCH

United States Seventh Circuit
Administrative Law, Civil Rights, Constitutional Law, Evidence, Injury & Tort Law
Evidence does not support the jury verdict for plaintiff-prisoner in this civil rights suit. The record does not permit a reasonable jury to find that...
02/27/2004 02-1961

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