News
[08/19]
NY state firefighters deliver 3 babies in transit
[08/19]
Suit accuses restaurant of giving man big tapeworm
[08/19]
Sailor, knocked from boat, rescued 12 hours later
[08/14]
Calif. mom gives birth on front lawn by herself
[08/01]
Boy, 4, tries to drive to grandma's house, crashes
[07/22]
Woman runs sword into foot during Wiccan ceremony
[08/19]
Stem cell advance may help transfusion supplies
[08/19]
New study backs angioplasty through the wrist
[08/14]
Drugs as good as stents for many heart patients
[08/12]
VA patients in Pa. fear prostate treatment error
[08/12]
Half of overweight adults may be heart-healthy
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Articles
Property Damage
In a personal injury suit involving property damage, the possessor or owner of property may be either the plaintiff or defendant. In intrusion type lawsuits, the property owner is the defendant and the plaintiff may be the intruder. In nuisance actions, the property owner or possessor is typically the plaintiff suing a defendant who caused harm to the plaintiff's property interests.
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10 Reasons to Hire an Experienced Personal Injury Attorney
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Case Summaries
[08/19]
Fellner v. Tri-Union Seafoods, L.L.C.
In a class-action suit alleging injury caused by methylmercury and other harmful compounds in defendant's canned tuna products, grant of a motion to dismiss is reversed and remanded where: 1) the FDA had not enacted a pervasive regulatory scheme regarding mercury in tuna that would preempt plaintiff's state-law claims; 2) the FDA's decision not to require warning labels on tuna was not a conclusive determination preempting a state failure-to-warn claim; and 3) the FDA had not expressly rejected mercury warnings as misbranding under federal law.
[08/18]
Yabsley v. Cingular Wireless, LLC
In a claim that defendant-Cingular engaged in unfair competition in violation of Business and Professions Code section 17200 and misleading advertising by failing to inform consumer that a tax would be imposed on the full price of the cellular phone, judgment in favor of defendant is affirmed where: 1) when specific legislation provides a safe harbor, plaintiffs may not use the general unfair competition law to assault that harbor; 2) a sales invoice Cingular gave to plaintiff stated the amount of the sales tax imposed on the sale and gave plaintiff notice of the amount of sales tax that would imposed; and 3) plaintiff had the right to refuse to enter into the contract for the price stated.
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[08/19]
Joyce v. Morgan Stanley & Co., Inc.
In a suit by shareholders of a telecommunications company alleging that defendant, while advising the company during its acquisition by another company, failed to advise plaintiffs on minimizing their exposure to financial losses, grant of a motion to dismiss is affirmed in part and vacated and remanded in part where: 1) plaintiffs were bringing a direct action on their own behalf, not a derivative one on behalf of the corporation, and to that extent had standing; but 2) plaintiffs' constructive fraud claim required them to allege that defendant owed them a fiduciary duty, but no such duty never arose.
[08/19]
In Re: Holland
A dispute in a bankruptcy case over which state's law should determine whether real property owned by debtor should be exempted from the bankruptcy estate is dismissed for lack of subject-matter jurisdiction where the district court's order ruling that Florida law applied and remanding to bankruptcy court, without deciding whether Florida law granted an exemption, was not a final order subject to appeal.
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