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Case Law

(Bookmark This Page, New Information Is Added on a Regular Basis)

 

   Many of our laws are not actually enacted by the legislature, but created by the courts for a variety of reasons, sometimes it is ambiguity of statutes, sometimes it is for other reasons.  These are cases clarifying the law.

Nelson v. Hall, 1985 (Veterinarians and their assistants assume the risk of getting bitten by a dog)

Towns v. Davidson (primary assumption of risk, skier assumed risk of injury when collided with employee skiing)

Gilbert v. Sykes (Semi public figure has burden of proving publication on internet website is false and published with actual malice. Website owner not liable for defamatory postings.

Murphy v. Cole Productions (Employee meal and rest period pay considered pay not a penalty, Statute limitations is  three years )

Chao v. Hotel Oasis, Inc. Murphy v. Cole Productions (No Corporate Shield for failure to pay wages under FLSA )

Garza v. Asbestos Corporation,  (Strict Liability Can Apply to Defective Raw Material )

DLSE Opinion Letter 2003-04-30  (commissions post termination )