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Torts

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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An employee cannot state a claim against his employer based on a theory of “receiving stolen property” on the basis that the employer “received” the employee's labor without paying the agreed price for it.  Read More

The payment of money for a product that the plaintiff would not have purchased but for the false advertising—here, presenting products with a fake list price crossed out and an invented “discount” alongside—is sufficient economic injury to confer standing to sue under the unfair competition law, false advertising law, and the Consumer Legal Remedies Act. Read More

Snowboarder who was injured when she ran into a snow cat pulling a "tiller" on an open ski run (when the snow cat failed to use its turn signal before slowly turning) had signed a release of claims including negligence, and there was no gross negligence present that would have allowed her to get around the release. Read More

The federal Communications Decency Act barred the trial court from directing Yelp! to remove libelous content from a review posted by a third party. Read More

Claims for prenatal injuries to a baby caused by the mother’s exposure to toxic chemicals are governed by the two-year statute of limitations for personal injuries from exposure to toxic chemicals, which includes tolling provisions for minors and for delayed discovery. Read More

The creditor of a father could not sue son to collect supposedly fraudulent transfer of money in the form of tuition payments that father made to cover son’s university education. Read More

The defendant store was properly awarded summary judgment in a slip-and-fall lawsuit when the plaintiff presented no evidence to show that there was anything on the floor or that it was wet or slippery. Read More

The required vehicle exception to the going and coming rule did not apply to a public defender’s drive home from work on a day he did not need the car for work, so his employer, the county, was not liable for the accident on the drive home. Read More

In this tort action arising from a vehicular collision, defendant was entitled to summary judgment based on the sudden emergency or imminent peril doctrine after he rear-ended the car in front of him, which had come to a sudden stop when a car further along in traffic slammed on its brakes. Read More

Internet service providers must produce, in response to a subpoena, any material that a social media user has configured to be public, but not material configured for view by specific individuals, even though those persons might further disclose the materials. Read More

Water districts obtained a permit from the Department of Health Services to add chloramine to drinking water in an effort to kill germs, so they were protected from a nuisance lawsuit which sought to challenge this practice. Read More

An insured plaintiff who received treatment from out-of-network doctors that were not covered by his health insurance should be allowed to introduce the full bills into evidence, similarly to the way a wholly uninsured plaintiff may introduce such bills. Read More

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