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Posted in Financial Institutions,Lender Fraud on September 12, 2011
“Defendant intentionally omitted a clear disclosure of the nature of plaintiffs’ loans because giving a clear explanation of how the loan worked would have punctured the illusion of a low payment, low interest rate loan.”
Posted in Negligence,Negligent Entrustment,Negligent Hiring on August 10, 2011
“If, as here, an employer offers to admit vicarious liability for its employee’s negligent driving, then claims against the employer based on theories of negligent entrustment, hiring, or retention become superfluous.”
Posted in Negligence on June 28, 2011
“The independent contractor is not a member of the class of persons that Cal–OSHA was created to protect.”
Posted in Products Liability on May 25, 2011
“Triable issues of fact remain as to whether petitioners’ provision of the information was done in a manner that would sufficiently call it to the FDA’s attention.”
Posted in Products Liability on April 6, 2011
“While an agency could base a decision to pre-empt on its cost-effectiveness judgment, we are satisfied that the rulemaking record at issue here discloses no such pre-emptive intent.”
Posted in Negligence on March 17, 2011
“Triable issues exist as to whether [Defendant’s conduct was grossly negligent and therefore outside the scope of the release.”
Posted in Products Liability on February 22, 2011
“[T]he evidence also supports a different interpretation; that [defendant] did not share its knowledge of the dangers of asbestos with its customers or with individuals who would, predictably, be exposed to dust from its products, and that it instead sought to downplay the risk.”
Posted in Internet Law,Negligence on January 23, 2011
“[The business owner] made a prima facie showing of probable success on her cause of action for libel.”
Posted in Financial Institutions,Lender Fraud on December 6, 2010
“A lender is under no duty “to determine the borrower’s ability to repay the loan…. ”
Posted in Products Liability on November 22, 2010
“If knowledge of the hazardous nature of the product were a prerequisite for the test to apply, then no product would ever fail to meet the safety expectations of the reasonable consumer.”