all - Opinion Summaries

MEDINA v. US

Injury & Tort Law
Although Congress consented to suit for malicious prosecution through the FTCA, 28 USC 2680(h), suits relating to INS agents' discretionary functions...

MCCLENDON v. CITY OF COLUMBIA

Civil Rights, Injury & Tort Law
The Fifth Circuit adopts the "State Created Danger" theory of liability, requiring that a plaintiff need only show that state actors created a...

MCAVEY v. LEE

Injury & Tort Law
Louisiana's direct action statute, La. Rev. Stat. Ann. 22:655, which prohibits suits against insurance companies without naming the insureds as...

HENSLEY v. MCSWEENEY

Injury & Tort Law, Remedies
The appropriate measure of damages on the fiduciary tort actions is the out of pocket measure, not the benefit of the bargain measure.

MEYERS v. WAL-MART STORES E., INC.

Injury & Tort Law
Where there is a "logical sequence of cause and effect" between the accident and the aggravation of plaintiff's pre-existing condition, testimony to...

BURKHART GROB LUFT UND RAUMFAHRT GMBH & CO. KG v. E-SYSTEMS, INC.

Evidence, Government Contracts, Injury & Tort Law
Where plaintiff cannot prove that it would have won the government contract in the absence of defendant's fraud, it has no reasonably certain basis...

PEARL v. WORKERS- COMP. APPEALS BD.

Injury & Tort Law, Labor & Employment Law, Workers' Compensation
Government Code section 20046, a provision of the Public Employees' Retirement Law, and not Labor Code section 3208.3, governs whether the disability...

KOREA SUPPLY CO. v. LOCKHEED MARTIN CORP.

Injury & Tort Law
An Unfair Competition Claim under Business and Professions Code section 17200 may exist for violation of Federal Foreign Corrupt Practices Act, 15 USC...

MORSON v. SUPERIOR COURT OF SAN DIEGO COUNTY (MEDLINE)

Injury & Tort Law
The consumer expectations test for the existence of a design defect does not apply to product liability action alleging latex gloves caused allergic...

DALTON v. CAPITAL ASSOCIATED INDUS., INC.

Injury & Tort Law
Where an agency reports an ambiguous court statement that a reasonable jury could find to be an erroneous statement of a felony conviction, plaintiff...