The Communications Decency Act (47 USC 230) shielded Yelp! from liability for an allegedly defamatory review of plaintiff’s business as plaintiff alleged no facts to support his speculation that Yelp! rather than a customer wrote the review. Read More
Judgment for defendant in a private nuisance action was affirmed as substantial evidence supported the trial court’s findings that the noise from defendants’ resort was not unreasonable nor was the injury to the plaintiff substantial, even if the noise violated the county noise ordinance. Read More
Trial court erred in denying summary judgment to defendant in misappropriation case, since defendant showed uncontradicted evidence that plaintiff had signed a contract consenting to the challenged use of his name and likeness. Read More
In seeking indemnity under an express contractual indemnity clause, an indemnitee is not limited to either the pleadings or proof the claimant presented in the underlying negligence action. Read More
Leaseholder whose lease stated he would indemnify the lessor against claims “arising out of, in connection with, or involving the use or occupancy of the leased premises” was not obligated to indemnify lessor against an injury that occurred in the common area (here, the stairs), even though injured party was a worker climbing stairs with a bucket of soapy water… Read More
In a medical malpractice action, a foreign doctor may testify as an expert on the standard of care since that standard is no longer governed by practice in the locality where the defendant doctor practiced. Read More
To discover the identity of a person who posted an anonymous Internet comment, plaintiff must present prima facie evidence of all elements of a defamation claim; here, plaintiff fell short as the comment was non-actionable opinion, not defamatory fact. Read More
Popular soft-porn star adduced prima facie proof that in publishing her picture with an article about HIV in the L.A. porn industry the defendant news website edited her picture and its caption, making it more likely that the article would imply plaintiff had HIV, thus overcoming defendant’s Anti-SLAPP motion in her defamation suit. Read More
A mandated reporter of elder abuse is immune from liability for having filed an affidavit in support of a citizen’s arrest of a worker suspected of having stolen property from nursing home residents. Read More
A bar and dance club owed a duty of care to protect patrons against sexual assault in its bathroom areas; a unisex bathroom with ADA stalls that had floor to ceiling walls and lockable doors, together with the sexually charged atmosphere of the club and lax security guard policy, indicated there was a clearly foreseeable risk of nonconsensual sex in… Read More
For purposes of the Consumer Fraud and Abuse Act, both Facebook and its individual users had to consent before defendant could have its users initiate Facebook messages inviting others to use defendant’s website; the consent of the individual users alone was insufficient. Read More
Though had an economic interest in plaintiff’s contract of employment with its supplier, Apple is not immune from the plaintiff’s complaint that Apple intentionally interfered with that contract by inducing the supplier to terminate plaintiff for resisting Apple’s allegedly wrongful efforts to steal the supplier’s technology. Read More
Kaiser's Health Plan, a Know-Keane health care service plan, is not a single enterprise (or alter ego of) Kaiser Foundation Hospitals or Southern California Permanente Medical Group and so is not liable for their alleged torts. Read More
The component parts doctrine does not shield a manufacturer from strict products liability for injuries a worker suffers by using the manufacturer’s product for its intended purpose in manufacturing a different, composite product of which the manufacturer’s product is a part Read More
Defendant church owed a duty of care to persons using its parking lot to avoid exposing them to an unreasonable risk of harm—even though the risk was from conditions on the busy road adjoining the parking lot, which the church did not own. Read More
The Supreme Court endorses the implied false certification theory of violation of the federal False Claims Act, but only if the undisclosed facts (such as violations of law) would be material to the United States’ decision to pay the claim. Read More
Manufacturer of auto brake forming tools is strictly liable for worker’s injury caused by breathing asbestos dust while using the tools in the intended manner on asbestos-laced auto brakes even though manufacturer did not make the brakes. Read More
Since a court has the power to enter orders against non-parties to keep them from nullifying the effect of an injunction against a defendant, Yelp! could not successfully challenge a default judgment finding defendant’s negative reviews of plaintiff were defamatory and ordering Yelp!, a third party, to remove these reviews. Read More
28 USC 2676, which bars tort judgments against individual federal employees when a judgment has been entered in favor of the federal government for the same tort, does not apply to a case excepted from the Federal Tort Claims Act under the discretionary function exception; so the plaintiff, having lost against the government, remains free to sue the individual officers… Read More
The doctrine of primary assumption of the risk barred suit for injuries sustained by a skateboarder who was riding the skateboard down a hill on the wrong side of a city street without a helmet on and hit a gap in the pavement. Read More
