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21 Sep 2017, 6:24 pm by Catlin Meade
  Similar to Vess, the court found that the FTC’s deception claims relied on misleading or false statements about a product, and, as a result, FRCP 9(b) must apply. [read post]
15 Jun 2021, 9:03 am by Steven J. Tinnelly, Esq.
Shadow Glen Homeowners Association, Inc. (2021) 63 Cal.App.5th 917, that homeowners associations do not have a duty of care to provide onsite parking to invitees. [read post]
15 Feb 2013, 10:51 am by Cicely Wilson
The court held that the district court was not clearly erroneous in concluding that the expense the USPS incurred was a reasonably foreseeable pecuniary harm resulting from defendants’ actions. [read post]
13 Nov 2008, 1:52 pm
Yuba Power Products, Inc., explained the rationale for what it called "strict liability":We need not recanvass the reasons for imposing strict liability on the manufacturer. [read post]
14 Apr 2014, 12:27 pm by Donald Ward
”[xii] As to proximate causation, foreseeability is wrapped up in the factual question of whether the injury was a foreseeable and substantial result of the defendant’s breach. [read post]
11 Jul 2016, 11:47 am by Ralph L. Jacobson
The issue here is civil accountability for the foreseeable results of a broadcast which created an undue risk of harm to decedent. [read post]
29 May 2017, 12:46 pm
Kuettel & Sons, Inc., noting that negligence cases in the state have historically "focused on both foreseeability of the injury and the relationship of the parties in deciding whether a duty exists". [read post]
13 Oct 2010, 7:36 am by Bexis
Medtronic, Inc., No. 09-11941, slip op. [read post]
26 Jul 2013, 7:12 am by Joy Waltemath
The result would be arbitrary and capricious, the appeals court said, and not in accordance with the law. [read post]
22 Apr 2009, 6:15 am
Simplicity Manufacturing, Inc., 2008 WL 538912 (3d Cir. [read post]
26 Jul 2018, 9:42 am by Jeffrey Carr
The mere existence of the law establishes the duty that a person owes to another and the foreseeability that breaking the law can result in harm. [read post]