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364 F.2d 558·
3d Cir.·
1966-08-03
·cited 53×
The court held that the jury instructions on superseding cause were erroneous and that the father's claim should not have been dismissed as a matter of law for contributory negligence or lack of jurisdictional amount, remanding both for new trials.
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177 So. 3d 489·
Fla.·
2015-10-29
·cited 41×
The Florida Supreme Court reversed the Third District Court of Appeal's decision to overturn a jury verdict against Union Carbide in an asbestos mesothelioma case, holding that Florida continues to apply the Second Restatement's consumer expectations test for design defects in st
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528 F.2d 132·
2d Cir.·
1975-11-24
·cited 36×
A state's common law privilege for an officer using deadly force to arrest a fleeing felon does not shield the officer from a 42 U.S.C. § 1983 claim if the state law permits force that violates federal constitutional standards.
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378 F.2d 377·
5th Cir.·
1967-05-29
·cited 32×
The court held that the lower court erred in granting summary judgment because the alleged defamatory statements, both written and oral, were actionable per se and did not require proof of special damages. Genuine issues of fact existed for trial.
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746 F.2d 816·
D.C. Cir.·
1984-10-12
·cited 26×
The court held that District of Columbia tort law recognizes a cause of action for the cost of diagnostic examinations necessitated by a defendant's negligence, even in the absence of proven physical injury, and that a mandatory preliminary injunction requiring the defendant to f
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596 F.2d 541·
3d Cir.·
1979-03-06
·cited 24×
The court affirmed the judgment notwithstanding the verdict because the plaintiff failed to present evidence on the theories of liability argued to the district court, despite the concurring judge's view that a negligence claim under land-based theories might have been viable.
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797 F.2d 70·
2d Cir.·
1986-07-15
·cited 20×
The court affirmed the district court's judgment, finding that Universal tortiously interfered with Nintendo's contracts by sending cease and desist letters in bad faith, vicariously infringed Nintendo's copyright, and that the award of attorney's fees and punitive damages was pr
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606 F.2d 35·
3d Cir.·
1979-09-24
·cited 15×
The court held that the trial court did not err in refusing to instruct the jury on assumption of risk because the plaintiff's conduct was negligent and thus subsumed by the Virgin Islands' comparative negligence statute.
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831 F.2d 1155·
1st Cir.·
1987-10-27
·cited 14×
The court held that the FBI acted with due care in dismantling the prototype generator, thus the government is immune from suit under the Federal Tort Claims Act's discretionary function exception.
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799 F.2d 1000·
5th Cir.·
1986-09-15
·cited 12×
The court held that a photographic release signed by a mother for her minor children was valid under California law, and that the publication of the children's photographs in Hustler magazine, in the context of book reviews and excerpts, did not constitute an invasion of privacy
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588 F.2d 403·
3d Cir.·
1978-12-04
·cited 11×
The United States is liable under the Federal Tort Claims Act for the death of an independent contractor's employee when the government had superior knowledge of a specific danger and failed to warn the contractor or employee.
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759 F.2d 1117·
3d Cir.·
1985-04-17
·cited 10×
A guilty plea can have preclusive effect in subsequent civil litigation, estopping a party from contesting facts essential to the offense.
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199 So. 3d 323·
Fla. 3d DCA·
2016-07-27
·cited 8×
On remand from the Florida Supreme Court, the Third District Court of Appeal reversed a judgment for Union Carbide in an asbestos-related wrongful death case, holding that the trial court erred in refusing to instruct the jury on the consumer expectations test for design defect u
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517 So. 2d 717·
Fla. 1st DCA·
1987-12-15
·cited 7×
A defendant's negligence that merely provides the occasion for an independent intervening criminal act does not constitute legal cause of resulting injuries when the criminal conduct is not within the scope of the risk created by the defendant's negligence.
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906 F.2d 500·
10th Cir.·
1990-06-21
·cited 4×
The court held that the trial court erred in failing to grant judgment notwithstanding the verdict for Mitchell Energy, but did not err in denying such motions for Liquid Energy on proximate cause and legal duty.
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765 F.2d 20·
2d Cir.·
1985-06-17
·cited 4×
The court held that a party cannot be held liable for conversion if they lacked possession or the right to immediate possession of the chattel, and that an agent is not liable for their principal's breach of contract.
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507 F.2d 37·
2d Cir.·
1974-12-05
·cited 2×
The court held that the New York Court of Appeals' interpretation of criminal trespass law was not a retroactive change and that the defendant's conduct exceeded any reasonable claim of right, thus reversing the grant of habeas corpus relief.
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S.D. Fla.·
2025-09-04
A cruise ship passenger sued Carnival Corporation for negligence after suffering injuries from a fall caused by a defective threshold outside her cabin, seeking approximately $4.1 million in damages. The court found that Carnival was liable under maritime law for the gap in the t
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Del. Ch.·
2023-09-01
The Delaware Court of Chancery found that defendant Mack breached his Restrictive Covenants Agreement (RCA) by diverting pharmaceutical development opportunities to his company, Virpax, which directly or indirectly competed with ZTlido. The court also held Virpax liable for torti
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Del.·
2023-06-22
The Delaware Supreme Court held that the State sufficiently pleaded claims for public nuisance and trespass for lands it owns directly. However, the Court affirmed the dismissal of the State's trespass claim for lands held in public trust due to lack of exclusive possession, and
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S.D. Fla.·
2020-08-22
The court held that the plaintiff failed to demonstrate good cause to modify the parties' stipulated confidentiality order regarding the definition of 'highly confidential' or 'trade secret'.
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Del. Ch.·
2020-04-09
The Delaware Court of Chancery found that Nuveen committed the tort of intentional interference with business relations by employing misrepresentations and improper economic pressure to disrupt Preston Hollow's business opportunities with broker-dealers. However, the court declin
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Del. Super. Ct.·
2019-04-18
The court held that landowner defendants are entitled to summary judgment because they owe no duty of care to an employee of an independent contractor who alleges asbestos exposure resulting from the work of that same contractor. The plaintiff failed to establish any exceptions t
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Del. Super. Ct.·
2018-10-31
The Delaware Superior Court granted the employer's motion to dismiss the former employee's counterclaims. The court held that the tortious interference claim was barred by the absolute litigation privilege. The malicious prosecution and abuse of process claims failed due to the l
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Del. Super. Ct.·
2014-07-16
The court granted summary judgment for the defendants, finding that neither a primary care physician nor a mental health counselor owes an affirmative duty to prevent the suicide of an outpatient patient under Delaware law. The court determined that no special relationship existe
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Del. Super. Ct.·
2012-07-26
The Court denied American Capital, Ltd.'s (ACL) motion to dismiss the tortious interference claim, finding that the plaintiff, WP Devon Associates, L.P. (WPD), sufficiently alleged that ACL's actions in causing Hartstrings, LLC to sell its assets were improper and caused WPD dama
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Del.·
2011-07-11
The Superior Court correctly denied the plaintiff's motion to amend her complaint as futile because the proposed amendments, alleging "take-home" asbestos exposure, constituted nonfeasance. Under Delaware law, a duty of care for nonfeasance arises only if a "special relationship"
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Del. Super. Ct.·
2007-12-21
The court held that the defendant employer owed no duty of care to the plaintiff, the spouse of an employee, for take-home asbestos exposure. The court reasoned that the relationship between the plaintiff and the employer was too tenuous to support a legal duty, and that foreseea