The California Supreme Court, in O’Neil v. Crane Co., No. S177401, is considering the liability of an equipment manufacturer under these circumstances: The manufacturer sells a product pursuant to the buyer’s specifications (say, a valve or pump) that is accompanied by an allegedly defective part (say, an asbestos-containing gasket) made by another, which is incorporated … Continue Reading
In Pearson Dental Supplies, Inc. v. Sup. Ct., the court considered an arbitrator’s decision, pursuant to a mandatory arbitration agreement, that an employee’s discrimination claim was time barred. Since by failing to apply the tolling statute CCP § 1281.12, the arbitrator had committed “a clear error of law” which would deprive the employee of any … Continue Reading
In conference Wednesday (see list of actions), the Court granted review in Save the Plastic Bag Coalition v. City of Manhattan Beach, in which the Court of Appeal upheld vacating a city ordinance banning the use of plastic bags because an environmental impact report was not prepared. See the Environmental update page. In addition, … Continue Reading
California’s Unfair Competition Act has generated an enormous amount of litigation, and has long been a target of tort reform groups. Those reform efforts met with an important success in 2004, when the voters approved Proposition 64, finding that the statute had been “misused by some private attorneys” to file “frivolous lawsuits as a means of … Continue Reading
Demonstrating the potential significance and broad implications of the California Supreme Court’s deliberations in Loeffler v. Target Corporation, so far a total of nine amicus briefs have been filed on behalf of sixteen entities addressing the issue of whether a taxpayer can directly bring suit against a retailer who allegedly charged a sales tax on … Continue Reading
In conference today (see list of actions), the Court granted review in Brown v. Mortensen, in which the Court of Appeal found that the Fair Credit Reporting Act preempted the restrictions imposed by the Confidentiality of Medical Information Act. See B & P 17200/Class Actions/Commercial update page. In addition, the Court also requested supplemental briefing … Continue Reading
CAPPING AT THREE. AB2740, a new version of an old bill pending in the California State Legislature, would cap the amount of punitive damages available in California to a flat three times the jury’s award of compensatory damages. AB2740 The previous version died in Committee. The new iteration (tacked onto a National Guard bill, of all … Continue Reading
Add yet another appellate opinion to the growing list of California courts that have cut punitive damage awards on constitutional excessiveness grounds. In this one, Amerigraphics, the jury awarded $3 million in punitive damages in an insurance bad faith case. The trial court cut that number to $1.7 million, but according to the California Court … Continue Reading
Statistics show that the number of civil cases accepted for review by California’s highest court has varied dramatically in recent years, but by any count, the numbers are still small. According to a report released by the State’s Administrative Office of the Courts, for the year 2008, the California Supreme Court granted 6% of all … Continue Reading
The problem of coverage for the so-called "innocent insured" is a recurring one. The issue arises when there is more than one insured on the policy and one commits an act that would bar coverage. Does that act bar coverage for all, or only for the intentional actor? In California, this problem has reared its head … Continue Reading
The Appellate Strategist was the first blog to offer a comprehensive, regularly-updated database of civil issues — broken down by category and subject matter — that the California Supreme Court has agreed to hear and decide. We are proud to announce two new features. Since this "preview of coming attractions" has been one of our most popular … Continue Reading
Nacht & Lewis Architects, Inc. v. Superior Court may be the most widely cited case in California. It seems to appear in most responses to Form Interrogatory Nos. 12.2 and 12.3 to justify refusing to produce recorded interviews of witnesses, any resulting attorney notes, or a list of interviewed witnesses. Now those numerous discovery responses may be … Continue Reading
The California Court of Appeal has issued an opinion which, if allowed to stand, threatens to eat away at the once-settled body of law that prohibits third-party claimants who were injured by an insured from suing the insured’s insurance company for unfair claims settlement practices under California Insurance Code § 790.03. Over 20 years ago, the … Continue Reading
In 2003, Congress enacted the latest version of the Medicare Act. It contained far broader language than previous versions on what State law claims it preempted: “The standards established under this part shall supersede any State law or regulation (other than State licensing laws or State laws relating to plan solvency) with respect to MA … Continue Reading
Can a California trial court reduce a personal injury plaintiff’s recovery for medical expenses to reflect the amount actually paid by his health insurer? That question matters a lot to attorneys, parties and insurers, trying to value claims and where appropriate, seek settlements in thousands of cases every day. For twenty years, the answer under California … Continue Reading
[UPDATED THROUGH 10/14/16.] The California Supreme Court’s website is a veritable goldmine of information. Unfortunately, it’s not organized in a way that allows lawyers and clients to easily track issues the court has accepted for decision. We were the first site to regularly provide comprehensive and up to date information on all civil cases. The … Continue Reading
Today, in a widely anticipated decision, the California Supreme Court held that California’s interest in protecting a current resident does not trump another state’s interest in having its laws applied. This occurred in the context of an asbestos case. The defendant’s conduct occurred in Oklahoma, at a time when plaintiff was present in and a … Continue Reading
[UPDATED THROUGH SEPTEMBER 7, 2010] … Continue Reading
[UPDATED THROUGH SEPTEMBER 29, 2016] Is Parental Fault or Neglect Needed for Dependency Jurisdiction? After the Court of Appeal affirmed orders in a juvenile dependency proceeding, the Supreme Court granted review of the following issue: Does Welfare and Institutions Code § 300(b)(1) authorize dependency jurisdiction without a finding that parental fault or neglect is responsible for … Continue Reading
[UPDATED THROUGH SEPTEMBER 29, 2016] When Is a City Required to Place a Tax Proposal on the Ballot? After the Court of Appeal in an action for administrative mandate reversed the judgment denying a request to compel a ballot measure, the Supreme Court granted review on the following issue: Is a proposed initiative measure that … Continue Reading
[UPDATED THROUGH SEPTEMBER 21, 2016] What Rights Does an Online Publisher Have Regarding the Court’s Online Content? After the Court of Appeal affirmed the judgment in a civil action, the Supreme Court granted review on the following issues: (1) Does an on-line publisher have a right to notice and an opportunity to be heard before a … Continue Reading
[UPDATED THROUGH AUGUST 29, 2016] What Steps Are Required for a City to Approve a Development Plan on Coastal Property? After the Fourth District, division 3, Court of Appeal reversed an administrative mandamus judgment disapproving of some actions by the City, the Supreme Court granted review on the following issues: (1) Did the City’s approval … Continue Reading
[UPDATED THROUGH OCTOBER 6, 2016] Which Statute of Limitations Controls for an Alleged Toxic Exposure before Birth? After the Court of Appeal affirmed summary judgment for defendant, the Supreme Court granted review on the following issue: Does the six-year limitations period in C.C.P. § 340.4, which governs actions based on birth and pre-birth injuries and is not … Continue Reading
[UPDATED THROUGH SEPTEBMER 29, 2016] Can You Appeal a Claim That Was Dismissed Without Prejudice With a Waiver of the Statute of Limitations? After the Court of Appeal dismissed an appeal as being untimely and from a nonfinal judgment, the Supreme Court granted review on the issue of whether plaintiff can take an appeal regarding causes … Continue Reading
