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California Supreme Court Civil Issues Pending: Commercial/Class Actions

[UPDATED THROUGH OCTOBER 5, 2016] When Is an Agency Agreement a Public or Legislative Issue for Purposes of a Motion to Strike? After the Court of Appeal reversed an order granting a special motion to strike in a civil action, the Supreme Court limited review to the following issues: (1) Did plaintiffs’ causes of action alleging … Continue Reading

California Supreme Court Civil Issues Pending: Healthcare Related

[UPDATED THROUGH SEPTEMBER 8, 2016] What Are the Liability Limits of a Brand Name Manufacturer? After the Court of Appeal reversed to allow plaintiff to file an amended complaint after the demurrer was sustained, the Supreme Court granted review on the following issue: May the brand name manufacturer of a pharmaceutical drug that divested all ownership … Continue Reading

California Supreme Court Civil Issues Pending: ADR

[UPDATED THROUGH SEPTEMBER 14, 2016] Can Non-Legislative Policy Statements Support Overturning an Arbitration Award?  After the Court of Appeal reversed the judgment which confirmed an arbitration award upholding the engagement agreement and finding that counsel was entitled to all of its fees, the Supreme Court granted review on the following issues: (1) May a court … Continue Reading

California Supreme Court Civil Issues Pending: Torts & Products

[UPDATED THROUGH SEPTEMBER 21, 2016] Does an Abutting Owner Have a Duty to Provide Safe Passage Across a Public Street? After the Court of Appeal reversed the judgment in a civil action, the Supreme Court granted review on the following issue: Does one who owns, possesses, or controls premises abutting a public street have a duty … Continue Reading

California Supreme Court Civil Issues Pending: Insurance

UPDATED THROUGH OCTOBER 12, 2016] How Is a Covered Loss Divided Between Two Primary Insurers When One Has “Other Insurance” and “Limits Reductions” Clauses?   The Supreme Court certified review following a request under California Rules of Court, rule 8.548, by the U.S. Court of Appeals for the Second Circuit. The Supreme Court initially ordered briefing deferred pending a … Continue Reading

California Supreme Court Civil Issues Pending: Labor/Employment/Workers’ Compensation

[UPDATED THROUGH SEPTEMBER 29, 2016] When Are Substitute Teachers Entitles to Unemployment Benefits?  After the Court of Appeal affirmed the judgment in an action for writ of administrative mandate, the Supreme Court granted review on the following issue: Are substitute teachers and other on-call paraprofessional employees entitled to unemployment insurance benefits when they are not … Continue Reading
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