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economic loss rule
economic loss rule Cartoons

economic loss rule

532 Madison Avenue Gourmet Foods, Inc. v. Finlandia Center, Inc.; adjoining landowners; purely economic losses; construction defects.
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Proximate Cause
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Fair Use Parody
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Winter v. DC Comics; copyright; the first amendment; appropriation of a likeness; more than merely copying the likenes; right of publicity claim; significant transformative elements; value of work does not derive primarily from celebrity's fame; fair use; parody.
Superceding Cause of Injury
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Delaney v. Reynolds; When an intervening occurrence was foreseeable, the causal chain of events remains intact and the defendant's original negligence remains a proximate cause of the plaintiff's injury; intervening cause; superseding cause.
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Christensen v. Royal School District No. 160; Contributory fault may not be assessed against thirteen-year-old child based on failure to protect from sexual abuse when defendant stands in special relationship to child and has duty to protect child.
Discretionary Function Exception to Government Liability
Discretionary Function Exception to Government Liability
Whisnant v. United States; Because removing an obvious health hazard is a matter of safety rather than policy, the government's alleged failure to do so is not protected under discretionary function exception.
No Duty to Warn Unless a Special Relationship
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Iseberg v. Gross; An affirmative duty to warn or protect against the criminal conduct of a third party may be imposed on one for the benefit of another only if there exists a special relationship between them; agency; agent; principle.
Workers' Compensation Injury Requirements
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Res Ipsa Loquitur in Med Mal
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Direct Loss In Tort
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