Injury & Tort Law: Cases

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  • Egan v. Mutual of Omaha Ins. Co., 24 Cal.3d 809 (1979) When an insurer unreasonably and in bad faith withholds payment of the claim of its insured, it is subject to liability in tort.
  • Foley v. Interactive Data Corp., 47 Cal. 3d 654 (1988) California Supreme Court's first examination of the issue of implied-in-fact agreements not to terminate an employee except for good cause.
  • Hustler Magazine v. Falwell, 485 U.S. 46 (1988) In order to protect the free flow of ideas and opinions on matters of public interest and concern, the First and Fourteenth Amendments prohibit public figures and public officials from recovering damages for the tort of intentional infliction of emotional distress by reason of the publication of a caricature such as the ad parody at issue without showing in addition that the publication contains a false statement of fact which was made with "actual malice."
  • Nader v. Allegheny Airlines, Inc., 426 U.S. 290 (1976) A common-law tort action based on alleged fraudulent misrepresentation by an air carrier subject to regulation by the Civil Aeronautics Board (Board) should not be stayed pending reference to the Board for determination whether the practice is "deceptive" within the meaning of 411 of the Federal Aviation Act.
  • New York Times Co. v. Sullivan, 376 U.S. 254 (1964) A State cannot under the First and Fourteenth Amendments award damages to a public official for defamatory falsehood relating to his official conduct unless he proves "actual malice" - that the statement was made with knowledge of its falsity or with reckless disregard of whether it was true or false.
  • Summers v. Tice, 33 Cal.2d 80 (1949) Seminal California Supreme Court tort law decision relating to the issue of liability where a plaintiff cannot specifically identity which among multiple defendants caused his harm.

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