Trying to have a party on a budget, albeit an underage party with alcohol, the host required a cover charge to help cover the costs of the party. Both the trial court and the Court of Appeal agreed that this was not a sale of alcohol, making the social host immune from liability for the … Continue Reading
Implicitly marking the 20th anniversary of its seminal decision in Knight v. Jewett, which established the doctrine of primary assumption of the risk, the California Supreme Court confirmed both the continuing vitality and breadth of that decision in Nalwa v. Cedar Fair (2012), S195031. In Knight, a plurality of the Supreme Court held that a … Continue Reading
Under respondeat superior, an employer is held vicariously liable for the acts of an employee when driving a vehicle within the scope of employment, irrespective of any fault by the employer. Alternatively, an employer can be directly liable for its own negligence under the theory of negligent hiring/retention or negligent entrustment. As a practical matter, … Continue Reading
The California Supreme Court has granted review in Ennabe v. Manosa, S189577, in which the Second District Court of Appeal upheld a summary judgment for defendant, who hosted a party at a private residence where alcoholic beverages were available and who charged uninvited party guests an entrance fee of $3 to $5. The Court of … Continue Reading
Oasis West Realty v. Goldman (S181781) – Does an attorney’s duty of loyalty owed to a former client apply when the attorney actively takes a position against the former client on the same issue for which the lawyer previously had been retained, but does so while acting on his or her own behalf, without a … Continue Reading
Last week the Supreme Court granted review in six civil cases, covering a wide variety of issues: Coito v. Superior Court, which addresses when witness statements are protected from discovery as work product. See Civil Procedure/Evidence/Discovery update. Professional Engineers in California Government v. Schwarzenegger, which the Supreme Court transferred on its own motion before … Continue Reading
Last week, the Illinois Supreme Court allowed petitions for leave to appeal in eight new civil cases. They are: Uldrych v. VHS of Illinois, Inc., Williams v. Board of Review, 2010 WL 743894 (1st Dist., 2010), which involves the question of whether implied indemnity actions are subject to the four-year statute of repose governing actions … Continue Reading
If a business evicts a patron on the grounds that he’s intoxicated, puts him in his car and requires him to drive away, does the business have a tort duty to persons the patron injures? According to the Illinois Supreme Court, the answer is "yes." Simmons v. Homatas, No. 108108(.pdf). Defendant Homatas visited a strip … Continue Reading
