Archive for the 'Tort Law' Category

Castro v. US

(U.S. 5th Cir., Civil Rights, Government Law, Immigration Law, Injury And Tort Law) In an action under the Federal Tort Claims Act (FTCA) alleging that the government’s negligence caused the wrongful deportation of plaintiff’s son, dismissal of the action is affirmed where the government was protected from suit by 28 U.S.C. section 2680(a), the discretionary [...]

Rule v. Fort Dodge Animal Health, Inc.

(U.S. 1st Cir., Class Actions, Consumer Products, Consumer Protection Law, False Advertising, Injury And Tort Law) In plaintiff’s putative class action suit against Weyth Corporation and its subsidiary, alleging that defendants had sold a heartworm medication for dogs without disclosing safety concerns revealed in initial testing and in subsequent use, a grant of defendants’ motion [...]

In re: Grossman’s Inc.

(U.S. 3d Cir., Bankruptcy Law, Civil Procedure, Consumer Products, Injury And Tort Law, Product Liability) In Chapter 11 proceedings, district court’s affirmance of a bankruptcy court’s holding that the plaintiffs’ tort claims, arising from exposure to asbestos contained in home improvement products sold by the debtor, were not “claims” under 11 U.S.C. section 101(5) is [...]

Samantar v. Yousuf

(U.S.S.C., Government Law, Injury And Tort Law) In an action by persons who were persecuted by the Somali government during the 1980s, alleging that defendant, who then held high-level government positions in Somalia, exercised command and control over the military forces committing the abuses; that he knew or should have known of these acts; and [...]

Samantar v. Yousuf

(U.S.S.C., Government Law, Injury And Tort Law) In an action by persons who were persecuted by the Somali government during the 1980s, alleging that defendant, who then held high-level government positions in Somalia, exercised command and control over the military forces committing the abuses; that he knew or should have known of these acts; and [...]

Samantar v. Yousuf

(U.S.S.C., Government Law, Injury And Tort Law) In an action by persons who were persecuted by the Somali government during the 1980s, alleging that defendant, who then held high-level government positions in Somalia, exercised command and control over the military forces committing the abuses; that he knew or should have known of these acts; and [...]

Nattah v. Bush

(U.S. D.C. Cir., Civil Procedure, Government Law, Injury And Tort Law, Labor & Employment Law, Military Law) In an action claiming that the U.S. military abducted plaintiff into slavery and forced him to serve on the front lines in Iraq, dismissal of the complaint is affirmed in part where the Virginia statute of limitations barred [...]

Shandong Yinguang Chem. Indus. Joint Stock Co. v. Potter

(U.S. 5th Cir., Contracts, Corp. Governance, Corporation & Enterprise Law, Injury And Tort Law) In an action against the individual owner of a corporation seeking to pierce the corporate veil based on common law fraud and fraudulent inducement, dismissal of the complaint is affirmed where: 1) plaintiff did not plead that defendant presented any detailed, [...]

Tiara Condo. Assoc., Inc. v. Marsh & McLennan Cos.

(U.S. 11th Cir., Contracts, Injury And Tort Law, Insurance Law, Property Law & Real Estate, Remedies, Services) In an action for breach of contract between an insurance broker and the association responsible for managing a condominium tower located on Singer Island, Florida, the Eleventh Circuit affirmed in part summary judgment for defendant, holding that plaintiff [...]

Minnesota Deli Provisions, Inc. v. Boar’s Head Provisions Co.

(U.S. 8th Cir., Commercial Law, Contracts, Food & Beverages, Injury And Tort Law) In an action arising out of the termination of the parties’ business relationship, involving charges of breach of contract, breach of the implied covenant of good faith and fair dealing, promissory estoppel, and tortious interference with business relations, summary judgment for defendant [...]