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Odaniels cal 1983 child of shooting victim plaintiff

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Unformatted text preview: onale (why?) Rationale Law and Morals Law Soldano v. O’Daniels (Cal. 1983) Child of shooting victim (plaintiff) sues bartender and employer (defendants) for denying Good Samaritan access to phone to call police. Trial court resolves dispute without a trial, granting judgment for defendants as a matter of law (“summary judgment”). Plaintiff appeals. Law and Morals Soldano v. O’Daniels (Cal. 1983) Soldano General Rule: No legal duty to help No (Exceptions: defendant created danger or has defendant special relationship with endangered party) Modified: Cannot obstruct Good Samaritan, who wishes Modified Cannot Good who to call police from public place, where request involves public where little, if any, cost or risk little, Reversed Trial Court Decision: enough issues to justify Reversed enough trial trial Law and Technology Law Yahoo! v. La Ligue (N.D. Cal. 2001) Nazi related items are offered for sale on Yahoo’s auction site Yahoo’s Display of these items for sale violates French Display law law French court issues order, requiring Yahoo to eliminate French citizens’ access to Nazi related items on auction site items Law and Technology Law Yahoo! v. La Ligue (N.D. Cal. 2001) U.S. trial court: compliance with French court order is inconsistent with First Amendment of U.S. Constitution (right to free speech) Comity (respect for another nation’s laws) does not require stifling of Constitutional rights Law and Technology Law Yahoo! v. La Ligue (N.D. Cal. 2001) Trial court decision reversed on appeal: Lawsuit premature (must first be an attempt to enforce French court’s order in the U.S.)...
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