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Posted in Negligence,Products Liability on July 20, 2012
“[A product manufacturer may not be held liable for harm caused by another manufacturer’s product unless the defendant’s own product contributed substantially to the harm, or the defendant participated substantially in creating a harmful combined use of the products.””
Posted in Medical Malpractice,Statutes of Limitation on June 11, 2012
“A plaintiff must pursue a claim in a timely manner or demonstrate that he or she was prevented from doing so by improper action of the court or the defendants.”
Posted in Unfair Business Practices on May 2, 2012
“There is good reason to treat a commercial e-mailer’s deliberate use of untraceable, privately registered domain names to conceal its identity as a falsification or misrepresentation”
Posted in Negligent Hiring,School District Liability on April 22, 2012
“We conclude plaintiff’s theory of vicarious liability for negligent hiring, retention and supervision is a legally viable one.”
Posted in Damages on March 9, 2012
“[T]he amount [gratuitously] written off constitutes a benefit that may be recovered by the plaintiff under the collateral source rule.”
Posted in Liability Releases,Premises Liability on February 15, 2012
“[W]here a landlord chooses to enhance its offering by providing an on-site health club or exercise facility that goes well beyond bare habitability.”
Posted in Roadway Design on January 7, 2012
“[One would expect a six-lane highway to be safer than a four-lane highway.”
Posted in Negligence on December 22, 2011
“‘[T]he fact that an employee is not engaged in the ultimate object of his employment at the time of his wrongful act does not preclude attribution of liability to an employer.’”
Posted in Premises Liability on November 29, 2011
“[a] trivial defect is no less trivial when it exists on a walkway in a privately owned townhome development.”
Posted in Punitive Damages on October 1, 2011
“Philip Morris’s persistent efforts for several decades to mislead the public about the health hazards of smoking despite its understanding that smoking was hazardous show that “strong medicine is required to cure the defendant’s disrespect for the law.” ”