News
Personal Injury
- [03/11] 1 killed, many homes damaged in Arkansas tornadoes
- [03/11] 2 Marine fighter pilots rescued; SC crash probed
- [03/11] Woman cited in icy Ohio crash that flipped officer
- [03/11] Highway deaths drop to lowest levels since 1950s
Product Liability
- [03/10] Tainted ingredient sold after salmonella found
- [03/10] Runaway Prius driver: Brakes were 'almost burned'
- [03/10] FDA: Medtronic brain stimulator missed study goal
- [03/10] Police probe Toyota Prius crash in NYC suburb
Top Headlines
- [03/11] Critics of Justice Dept. lawyers under fire
- [03/11] Pa. school webcam spying suit could be settled
- [03/11] Ex-New Orleans officer pleads in shooting cover-up
- [03/11] Toyota troubles put spotlight on US safety agency
Tort
Case Summaries
Injury & Tort Law
[03/10] Primiano v. Cook
In an action against the manufacturer of an artificial elbow, summary judgment for defendant is reversed where the exclusion of plaintiff's expert's evidence was error as plaintiff's expert, with a sufficient basis in education and experience, testified that the artificial joint "failed to perform in the manner reasonably to be expected in light of its nature and intended function," which was enough to assist a trier of fact.
[03/10] Fortis Corp. Ins. SA. v. Viken Ship Mgmt. AS
In a maritime shipping case involving a claim for rust damage to steel coils caused by exposure to seawater during a journey from Poland to Ohio, judgment of the district court is affirmed where: 1) a ship manager charged with providing a Master, officers and crew, and performing various other ship-management tasks for the shipping vessel does not qualify as a "carrier" under the Carriage of Goods by Sea Act (COGSA), and thus the COGSA's one year-statute of limitations does not bar the underlying suit; and 2) defendant's claim that the district court's finding of negligence was based on clearly erroneous factual findings is rejected.
[03/10] Cameron v. N.Y.
In an action for false arrest and malicious prosecution, judgment for defendant-officers is reversed where: 1) prosecutors' opinions as to probable cause and complaining officers' credibility are irrelevant in virtually all cases involving claims of malicious prosecution; and 2) the introduction of such evidence was not harmless because it provided strong external validation for propositions that otherwise would have come in only from the defendants' mouths.
Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Users may not download or reproduce a substantial portion of the AP material found on this web site. AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.
