all - Opinion Summaries

NAT'L COUNCIL AGAINST HEALTH FRAUD, INC. v. KING BIO PHARMS., INC.

Commercial Law, Injury & Tort Law
In an action for false advertising (Bus. & Prof. Code section 17500 et seq.), the burden of proof properly rests with the plaintiff in such...

CONTE v. GIRARD ORTHOPAEDIC SURGEONS MED. GROUP, INC.

Injury & Tort Law, Professional Malpractice
Where plaintiff did not meet the three elements to a claim for medical battery under a violation of conditional consent, the trial court erred in...

MOE v. US

Administrative Law, Civil Procedure, Government Law, Injury & Tort Law, Labor & Employment Law, Workers' Compensation
Psychological injury accompanied by physical injury, regardless of the order in which they occur, is within the scope of the Federal Employees'...

BROWN v. E.I. DUPONT DE NEMOURS & CO., INC.

Civil Procedure, Health Law, Injury & Tort Law
The statute of limitations on claims for birth defects caused by toxic exposure did not begin to run until plaintiffs were on notice that harmful...

FERRIS v. GATKE CORP.

Injury & Tort Law
Assuming Sindell v. Abbott Laboratories (1980) 26 Cal.3d 588 relief may under some circumstances be available to plaintiffs in asbestos-related tort...

NORMAN v. LIFE CARE CTRS. OF AM., INC.

Health Law, Injury & Tort Law
In an elder abuse and wrongful death action, the trial court prejudicially erred by refusing plaintiff's request for an instruction with BAJI No. 3.45...

LERNER v. FLEET BANK, N.A.

Banking Law, Civil Procedure, Ethics & Professional Responsibility, Injury & Tort Law
Lack of RICO standing does not divest a district court of jurisdiction over the action because RICO standing, unlike other standing doctrines, is...

DALLAS AREA RAPID TRANSIT v. WHITLEY

Government Law, Injury & Tort Law
Sovereign immunity bars a suit against a transit authority for injuries inflicted by one bus passenger on another, where plaintiff's injuries did not...

DEKENS v. UNDERWRITERS LABS. INC.

Consumer Protection Law, Injury & Tort Law
Defendant met its burden on summary judgment by showing through admissible evidence that it never undertook to test small appliances for medical...

HANNOON v. FAWN ENG'G CORP.

Civil Rights, Injury & Tort Law, Labor & Employment Law
Under the McDonnell Douglas analysis, plaintiff failed to show employer's legitimate grounds for his discharge were pretexts for discrimination based...