(U.S. 9th Cir., Civil Procedure, Civil Rights, Criminal Law & Procedure, Ethics & Professional Responsibility, Injury And Tort Law) In an action against the California Highway Patrol and certain officers for the shooting death of plaintiff’s husband, dismissal of the action with prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute when [...]
(U.S. 5th Cir., Admiralty, Injury And Tort Law, Remedies, Transportation) In an action for damages sustained when defendant’s ship collided with plaintiffs’ barges and tugboats during Hurricane Katrina, partial judgment for plaintiff is affirmed in part where the district court did not clearly err in its finding of a predicted “direct hit” on New Orleans [...]
(U.S. 5th Cir., Commercial Law, Contracts, Evidence, Injury And Tort Law) In an action for tortious interference with contract, judgment for plaintiff is affirmed where: 1) under the court’s highly deferential standard of review, there was no reversible error in the district court’s decision to use the pattern jury instruction; 2) there was sufficient evidence [...]
(Cal. App., Injury And Tort Law, Remedies) In plaintiff’s suit for injuries she suffered in an automobile accident, trial court’s grant of defendants’ motion to reduce the award for medical expenses from $44,519.01 to $18,368.24 is reversed and remanded where: 1) trial court erred in reducing plaintiff’s damages to the amount actually paid by her [...]
(U.S. 9th Cir., Civil Procedure, Civil Rights, Constitutional Law, Criminal Law & Procedure, Government Law, Injury And Tort Law) In a civil rights action against county jail personnel claiming that they negligently permitted the suicide of an inmate, summary judgment for defendant is affirmed in part where: 1) no reasonable jury could conclude that a [...]
(U.S. 8th Cir., Civil Procedure, Injury And Tort Law, International Law, Manufacturing, Product Liability) In a negligence, products liability, and breach of warranty action against the Japanese manufacturer of a rice cooker which allegedly caused a fire at plaintiffs’ home, judgment on the pleadings for defendant is affirmed where plaintiffs had failed to serve defendant [...]
(U.S. 11th Cir., Evidence, Injury And Tort Law, Manufacturing, Product Liability) In an action alleging that plaintiff’s son sustained traumatic brain injuries when a child restraint system manufactured by defendant malfunctioned during a minor traffic accident, summary judgment for defendant is affirmed where the district court did not abuse its discretion in excluding plaintiff’s expert [...]
(U.S. D.C. Cir., Administrative Law, Government Law, Injury And Tort Law, Labor & Employment Law) In an action challenging the Department of Labor’s decision that plaintiff was required to pay the Department a share of the proceeds from a personal injury action, summary judgment for defendant is affirmed where: 1) the settlement agreement clearly showed [...]
(U.S. D.C. Cir., Communications Law, Government Law, Injury And Tort Law, Labor & Employment Law) In an action alleging that Department of the Treasury employees violated the Privacy Act, 5 U.S.C. section 552a, by disclosing the details of an investigation into plaintiff’s conduct, summary judgment for defendants is affirmed where plaintiff failed to establish that [...]
(U.S. 7th Cir., Class Actions, Drugs & Biotech, Injury And Tort Law, Product Liability) In a suit for personal injuries caused by Trasylol, a prescription medication manufactured by Bayer, defendants’ petition for leave to appeal under 28 U.S.C. section 1453(c) of a district court’s order remanding four of the five cases is denied for lack [...]