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(The Center Square) - California was ranked the nation’s fifth-worst “judicial hellhole” this year, improving from its third-place ranking last year by the American Tort Reform Foundation, a ...
The act provides immunity to the State of California and its related entities from being sued. The law immunizes public employees from liability for “instituting or prosecuting any judicial or administrative proceeding” within the scope of their employment, “even if” the employees act “maliciously and without probable cause.” (Cal. Gov. Code, § 821.6)
In a 4-3 majority decision by Associate Justice Stanley Mosk, the court decided to impose a new kind of liability, known as market share liability.The doctrine evolved from a line of negligence and strict products liability opinions (most of which had been decided by the Supreme Court of California) that were being adopted as the majority rule in many U.S. states.
Specifically, California courts had a history of holding exculpatory liability waivers within contracts to be valid only if they did not involve the "public interest." This case history arose in relation to Cal. Civ. Code §1668, a statute that states "All contracts which have for their object, directly or indirectly, to exempt anyone from ...
These cases are sometimes referred to as "third party premises liability" cases and they represent a highly complex and dynamic area of tort law. They pose especially complex legal issues of duty and causation because the injured party is seeking to hold a possessor or owner of property directly or vicariously liable when the immediate injury ...
Additionally, opponents argue that limits on damages in cases of medical malpractice may create moral hazard as healthcare professionals face reduced liability. Consequently, the implementation of non-economic damages caps and decisions as to the extent to which different areas of tort law are subject to caps is more contentious than caps on ...
Pages in category "Supreme Court of California tort case law" The following 2 pages are in this category, out of 2 total. This list may not reflect recent changes .
Yuba Power Products, Inc, was a California torts case in which the Supreme Court of California dealt with the torts regarding product liability and warranty breaches. The primary legal issue of the case was to determine whether a manufacturer is strictly liable in tort when an article he places on the market proves to have a defect that causes ...