Friday, March 25, 2011

FindLaw Injury & Tort Law Summaries - March 21-March 25, 2011

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Weekly Opinion Summaries
Injury & Tort Law

March 21-25, 2011 FindLaw.com Weekly Injury & Tort Law Newsletter
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Injury & Tort Law

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Injury & Tort Law

United States First Circuit, 03/22/2011
Milward v. Acuity Specialty Products, No. 09-2270
In an injury and tort claim, district court judgment for defendants based on a Rule 702 exclusion of scientific testimony by plaintiff is reversed where the judgment was an abuse of discretion. Read more...

United States Second Circuit, 03/22/2011
Bechtel Do Brasil Construcoes Ltda., et al. v. UEG Araucaria Ltda., No. 10-034
In an action seeking a permanent stay of arbitration on the grounds that claims by defendant were time-barred under both New York and Brazilian law, judgment by district court is reversed where court erred in taking the timeliness issue from the arbitrator. Read more...

California Court of Appeal, 03/22/2011
Vafi v. McCloskey, No. B223237
In an action against attorneys for malicious prosecution, grant of a special motion to strike and dismissal by the trial court is affirmed because the limitations period as set forth in CCP section 340.6, and not the general statute of limitations applicable to actions for malicious prosecution, controls. Read more...





California Court of Appeal, 03/23/2011
Iversen v. Cal. Village Homeowners Assn., No. B220863
In an action for premises liability arising out of injuries sustained by plaintiff from a fall on premises owned by defendant, summary judgment in favor of defendant is affirmed because Cal-OSHA regulations do not apply to independent contractors and plaintiff cannot use those provisions to establish a negligence per se or negligence cause of action. Read more...

California Court of Appeal, 03/23/2011
Leung v. Verdugo Hills Hosp., No. B204908
In a tort action for the wrongful death of a new-born, judgment against the defendant holding it jointly and severally liable is affirmed in part and reversed in part because common law release rule, not CCP sections 877 and 877.6, applied as a release of the joint and several liability of the defendant. Read more...

Court of Appeals of New York, 03/25/2011
Goldenberg v. Westchester County Health Care Corp., No. 50
In a a special proceeding on a notice of a late claim for medical malpractice against defendant, judgment of dismissal by trial court is affirmed where ultimate complaint dramatically differed, substantively and materially, from the proposed complaint which the plaintiff filed in the prior, special proceeding. Read more...

FindLaw includes summaries of all Supreme and Appellate Court slip opinions posted on the official Illinois Courts site. FindLaw summaries include opinions that have not yet been released for publication and may be subject to modification, correction or withdrawal. Check the Illinois Courts site to determine if a specific opinion has been released before relying on that case as precedent.


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