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Description Date Docket #

HARRY v. MARCHANT

United States Eleventh Circuit
Health Law, Injury & Tort Law
Failure to conduct ventilation perfusion scan on emergency room patient diagnosed with pneumonia and possible sepsis or pulmonary embolism does not...
01/10/2001 99-13205

BROOKS v. HOWMEDICA, INC.

United States Eighth Circuit
Civil Procedure, Health Law, Injury & Tort Law
While plaintiff's failure-to-warn claims were not pre-empted by the Medical Device Amendments of 1976, state law negligence claim was preempted as...
01/10/2001 00-1188

ORIENTAL TRADING CO., INC. v. FIRETTI

United States Eighth Circuit
Contracts, Injury & Tort Law
Existence of a contract between plaintiff and defendants' company does not bar plaintiff from suing defendants in tort where no damages or other...
01/10/2001 99-3593

SUTHERLAND v. CITY OF FORT BRAGG

California Court of Appeal
Injury & Tort Law
Under Gov. Code 815.6, if the predicate enactment confers the exercise of discretion on government officials, the use of "shall" and like words will...
01/10/2001 A088919

TUCKER v. FISCHBEIN

United States Third Circuit
Civil Procedure, Constitutional Law, Injury & Tort Law
A reasonable jury could find by clear and convincing evidence that attorney did not read plaintiff's amended complaint, and acted recklessly by...
01/09/2001 99-1139

BUTERA v. DISTRICT OF COLUMBIA

United States DC Circuit
Civil Rights, Constitutional Law, Injury & Tort Law
There is no parental due process right to the company of an adult child who is independent, and under the "State endangerment" concept, a state is not...
01/09/2001 00-7008

PECK v. BRIDGEPORT MACHINES

United States Sixth Circuit
Injury & Tort Law
Under Michigan product liability law, plaintiff's expert witnesses' admission that his proposed alternate design had never been produced defeated the...
01/08/2001 99-2024

WEYRICH v. THE NEW REPUBLIC

United States DC Circuit
Civil Procedure, Communications Law, Constitutional Law, Entertainment Law, Injury & Tort Law
Using the word "paranoia" in a popular, not clinical, term is not actionable as derogatory of mental derangement, but anecdotes reasonably capable of...
01/05/2001 99-7221

HARDY v. THE HARTFORD INS. CO OF THE SOUTHEAST

United States Fifth Circuit
Injury & Tort Law, Insurance Law
Insurer's duty to defend depends on the facts and resulting causes of action alleged in the complaint, and recitation of damages is not a factual...
01/05/2001 99-30999

HUMINSKI v FACTORY POINT NAT'L BANK

United States Second Circuit
Bankruptcy Law, Civil Procedure, Injury & Tort Law
Federal law preempted debtors' state tort law claims. Debtors could only pursue remedies for purported violations of the automatic stay in bankruptcy...
01/05/2001 00-7608

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