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PALMER v. THE SUPERIOR COURT OF SAN DIEGO COUNTY (SHARP REES-STEALY MED. GROUP, INC.)

California Court of Appeal
Civil Procedure, Health Law, Injury & Tort Law, Remedies
Allegations of intentional infliction of emotional distress against a health care provider fell within the scope of protections afforded by Medical...
11/19/2002 D040486

PHILLIPS v. MONROE COUNTY, MISSISSIPPI

United States Fifth Circuit
Civil Rights, Constitutional Law, Injury & Tort Law
In a wrongful death suit brought under 42 U.S.C. section 1983, judgment as a matter of law in favor of defendants affirmed because the plaintiff...
11/19/2002 01-60425

GASS v. VIRGIN ISLANDS TELE. CORP.

United States Third Circuit
Contracts, Injury & Tort Law, Labor & Employment Law
An employee of an independent contractor may sue the hirer of the contractor under the direct liability theories set forth in sections 410 and 414 of...
11/18/2002 01-2507

CARDENAS v. ANZAI

United States Ninth Circuit
Civil Procedure, Government Benefits, Health Law, Injury & Tort Law
A suit brought by Medicaid recipients against officials of the state of Hawaii, concerning the distribution of tobacco litigation settlement funds, is...
11/18/2002 01-15297

REILLY v. GRAYSON

United States Sixth Circuit
Civil Rights, Injury & Tort Law
District court's findings, that 1) a prisoner suffered from a medical condition that was exacerbated by second-hand smoke exposure, 2) defendants...
11/18/2002 01-1993/2189

BUI v, AM. TELE. & TELE. CO., INC.

United States Ninth Circuit
Contracts, ERISA, Health Law, Injury & Tort Law, Professional Malpractice
ERSIA preempts contract claims resting on administrative decisions made in the course of administering an ERISA plan, but does not preempt claims for...
11/15/2002 01-35509

NAGEL v. D&R REALTY CORP.

Court of Appeals of New York
Injury & Tort Law, Labor & Employment Law
A laborer injured while performing a two-year safety test on an elevator cannot recover under Labor Law section 241(6), because those protections do...
11/14/2002 1 No. 138

CARR v. WAL-MART STORES, INC.

United States Fifth Circuit
Civil Procedure, Commercial Law, Injury & Tort Law
Plaintiff proved the elements necessary to sustain a "falling merchandise" claim under Louisiana law, and the trial court abused its discretion in...
11/14/2002 01-30342

TOPANGA & VICTORY PARTNERS, LLP v. TOGHIA

California Court of Appeal
Attorney's Fees, Contracts, Injury & Tort Law
A defendant who is not a party to a contract, sued for breach of that contract and various related tort and statutory causes of action, may not...
11/14/2002 B142502

TRULL v. VOLKSWAGEN OF AMERICA, INC.

United States First Circuit
Injury & Tort Law, Product Liability
In a claim that a van had been defectively designed, 1) it was not plain error for the district court to enter judgment upon verdicts indicating...
11/14/2002 01-2010

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