News & Resources

Case Summaries

Injury & Tort Law

[10/13] Reenstierna v. Currier
In a defamation action, arising out of defendant's report to the New Hampshire Real Estate Appraisal Board's disciplinary hearing concerning a grievance charge against plaintiff, a real estate appraiser, the district court's grant of summary judgment to defendant is affirmed where defendant's statements in his report are shielded from this suit by New Hampshire's absolute witness immunity doctrine.

[10/12] Trotter v. 7R Holdings LLC
Affirming a district court order dismissing a maritime case involving an injury that took place on a boat registered in the British Virgin Islands for forum non conveniens because the remedies available in the alternative forum were not clearly inadequate, the Jones Act lacked a special venue provision, and the court reasonably balanced the relevant private and public interest factors.

[10/12] Stewart v. St Joseph Health
Issuing a peremptory writ of mandate directing the Superior Court to vacate an order granting summary adjudication of the plaintiff's causes of action for elder abuse, fraudulent concealment, and medical battery and substituting an order denying the motion as to these causes of action because of errors in the determination of duties owed and because issues of material fact existed.

[10/11] Small Justice LLC v. Xcentric Ventures LLC
Affirming the district court's decision to dismiss the plaintiff's claims under Massachusetts law for libel and intentional interference, affirming the grant of summary judgment to the defendant on the remaining claims, and affirming the award of attorney fees and costs to the defense in a case where an attorney was the subject of two negative reports because the law immunized the defense for many of the complaints.

[10/10] Longoria v. Pinal County
Reversing and remanding a case in which the family of a man shot in the back by the police, killing him as he raised his hands above his head and following the use of non-lethal force by officers because the officer who shot him was not entitled to qualified immunity because the use of force could have been found unreasonable by a jury and material issues of fact existed regarding whether the officer's version of events leading up to the shooting were credible.

[10/06] McKenney v. Mangino
Dismissing the portions of an interlocutory appeal for want of appellate jurisdiction and otherwise affirming the district court's ruling that an officer was not entitled to qualified immunity in the tragic case of a man who died at the hands of a police officer trying to do their job because the denial was legally sound and fact-based arguments were inappropriate for an interlocutory appeal.

[10/05] Manhattan By Sail, Inc. v. Tagle
Vacating the district court's judgment in favor of the owners of a sailing vessel sued by a woman who was injured when a deckhand lost control of a weighted halyard that hit her in the head because the district court's ruling that the plaintiff failed to show negligence or entitlement to the application of res ipsa loquitur because a seaman can lose control of a line without negligence was in error and the court should have found negligence occurred based on the evidence.

[10/04] TDY Holdings LLC v. US
Reversing and remanding the district court's judgment in favor of the United States, allocating 100 percent of the cleanup of a site to the military contractor who contaminated it and zero percent to the government because the court erred in its analysis and application of the Shell Oil and Cadillac Fairview decisions.

[10/03] In Re Asbestos Products Liability Litigation No. VI
Vacating the entry of summary judgment on the plaintiff's negligence claims in a case involving asbestos and maritime law because the court chose to apply a reasonable foreseeability standard instead of the bright line rule adopted by the district court, but affirming the entry of summary judgment on the plaintiff's product liability claims because they were abandoned on appeal.

[10/03] Gordo-Gonzalez v. US
Affirming the dismissal of a suit in which the ex-wife of an FBI agent complained that the FBI negligently supervised him, resulting in his use of FBI equipment to spy on her during their marriage, because the Federal Tort Claims Act's discretionary function exception applied and the government did not waive its sovereign immunity.

[09/25] In Re The Complaint of Christopher Columbus LLC
Vacating the district court dismissal of a negligence lawsuit relating to a drunken brawl that broke out among the passengers of a cruise on the Delaware River because proper maritime jurisdiction was found over the event, which the court concluded had the potential to disrupt maritime commerce.

Read More

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.

Sack Rosendin, LLP

Phone: 510.922.0442
Fax: 510.286.8887
Email

San Francisco Bay Area Sack Rosendin represents contractors, developers, business entities, and individuals in communities throughout California, including communities such as San Francisco, Oakland, San Jose, Walnut Creek, Santa Rosa, Sacramento, Los Angeles, San Diego, Alameda County, Contra Costa County, Marin County and more.