Friday, April 8, 2011

FindLaw Injury & Tort Law Summaries - April 04-April 08, 2011

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Weekly Opinion Summaries
Injury & Tort Law

April 04-08, 2011 Weekly Injury & Tort Law Newsletter
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Injury & Tort Law

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Injury & Tort Law

United States Ninth Circuit, 04/06/2011
A. D. v. State of California Highway Patrol, No. 09-17635
In a 42 U.S.C. section 1983 dispute arising out of a fatal shooting following a high-speed chase, denial of qualified immunity upon a Rule 50(a) motion is reversed where court improperly conflated the general standard, purpose to harm unrelated to a legitimate law enforcement objective, with the objective standard by which the conduct of an officer is to be measured. Read more...

United States Ninth Circuit, 04/07/2011
Gutierrez v. Advanced Med. Optics, Inc., No. 09-55860
In a tort and injury action alleging medical negligence, dismissal by district court on forum non conveniens grounds is reversed because while, based on the initial evidence before it, the court did not err in its analysis, an intervening denial of jurisdiction by Mexican courts compels a remand for reconsideration. Read more...

California Court of Appeal, 04/05/2011
Garbell v. Conejo Hardwoods, No. B221482
In tort action alleging negligent destruction of property belonging to plaintiff, and a subrogation action against defendant, judgment of trial court offsetting an insurance payment against jury award is reversed for modification of judgment and a reconsideration of motion for costs even though sufficient evidence supports liability and trial court correctly calculated the judgment. Read more...

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