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E.D. SMITH & SONS, LTD. v. ARKANSAS GLASS CONTAINER CORP.

United States Eighth Circuit
Injury & Tort Law
In suit involving defective glass jars, defendant manufacturer is not entitled to a comparative fault instruction where the action is not one for...
01/04/2001 99-3464

THE TOKIO MARINE & FIRE INSURANCE CO., LTD v. FLORA MV

United States Fifth Circuit
Admiralty, Injury & Tort Law
COLREG Rule 8(c) is suggestive, not mandatory, so the district court need not have applied the Pennsylvania Rule (providing a rebuttable presumption...
01/03/2001 99-30913

DISTEFANO v. FORESTER

California Court of Appeal
Injury & Tort Law
The sport of off-roading involves the inherent risk that participants may be involved in inadvertent motor vehicle collisions and may suffer serious...
01/02/2001 D035333

GAROFALO v. PRINCESS CRUISES

California Court of Appeal
Admiralty, Injury & Tort Law, Insurance Law, Labor & Employment Law
The Death on the High Seas Act, 46 U.S.C. 761 et seq, preempts an employer-s state law claim in a subrogation action to recover from a third party...
12/29/2000 B127126

CONLEY v. ROMAN CATHOLIC ARCHBISHOP OF SAN FRANCISCO

California Court of Appeal
Criminal Law & Procedure, Injury & Tort Law
Church is not immune from defamation suit filed by priest, who accused another priest of child abuse under the Child Abuse and Neglect Reporting Act,...
12/29/2000 A087880

SILVA v. UNION PACIFIC RR CO.

California Court of Appeal
Civil Procedure, Evidence, Injury & Tort Law
Trial court may not rule on railroad's duty to fence off its tracks in a motion in limine, but only when it has a clear factual or evidentiary basis...
12/28/2000 A088552

TOMASSI v. SCARFF

California Court of Appeal
Civil Procedure, Injury & Tort Law, Insurance Law
Since an insurer of defendant in wrongful death lawsuit is not an "aggrieved party" under Code of Civil Procedure section 663, it lacks standing to...
12/28/2000 H019019

JONES v. NORDICTRACK

United States Eleventh Circuit
Injury & Tort Law
Georgia Supreme Court certified to answer whether, under Georgia law, a product must be in use for the manufacturer to be held liable for defective...
12/27/2000 98-9169

BADON v. R J R NABISCO INC

United States Fifth Circuit
Civil Procedure, Injury & Tort Law
Where Louisiana law is unclear, there is arguably a reasonable basis for believing that a smoker who became addicted to cigarettes, prior to knowing...
12/21/2000 98-30942

PRAXAIR INC. v. HINSHAW & CULBERTSON

United States Seventh Circuit
Commercial Law, Injury & Tort Law, Legal Malpractice
Having failed to exercise due care when exercising its rights under an interest rate swap contract, plaintiff failed to show that any alleged...
12/20/2000 00-1960

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