In Webb v Special Electric Company, Inc., the Supreme Court unanimously adopted the sophisticated intermediary doctrine in California, and then split 5-2 on how it should be applied. Webb was injured by exposure to products containing asbestos and sued the raw asbestos supplier – raising the question of what duty the raw material supplier had … Continue Reading
The California Supreme Court recently issued two opinions resulting from the aftermath of the 2009 real estate crash. It addressed both the statutory protections for a homeowner after a short sale (i.e., a sale for less then what is owed on the mortgage) and their ability to sue for wrongful foreclosure. In both cases, the … Continue Reading
The Appellate Strategist has gathered all civil cases pending on the merits before the Florida Supreme Court, and has organized those cases by area of the law, providing identifying information for each case and the issue presented. In addition, for cases where the Court has heard argument, we provide a link to the oral argument … 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
The Appellate Strategist has gathered all civil cases pending on the merits before the Illinois Supreme Court, and has organized those cases by area of the law, providing identifying information for each case, the issue presented, and a summary of any opinion below. [UPDATED THROUGH September 12, 2016] Arbitration Civil Procedure Constitutional Law Construction Law … 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 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
[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
[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
[UPDATED THROUGH SEPTEMBER 8, 2016] What Interest Does a Dissolved Law Firm have in an Ongoing Legal Matter Which Was Handled on an Hourly Basis? Following a request by the U.S. Court of Appeals for the Ninth Circuit under California Rules of Court, rule 8.548, the Supreme Court granted review on this issue: Under California law, … Continue Reading
[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
[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
[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
