Appellate Reports

Daubert error no longer requires new trial as sole remedy. Also, federal preemption ruling

Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiffs’ bar

2012 June

Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiffs’ bar

2012 August

Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiffs’ bar

2011 December

Appellate Reports

A review of recent decisions of interest to the plaintiff’s bar

2009 January

Appellate Reports

A review of recent decisions of interest to the plaintiff’s bar

2009 February

Appellate Reports

A review of recent decisions of interest to the plaintiff’s bar

2009 March

Appellate Reports

A review of recent cases of interest to plaintiffs’ attorneys

2009 April

Appellate reports

A review of recent cases of interest to plaintiffs’ attorneys, including the landmark State of California v. Allstate Ins. Co.

2009 May

Appellate Reports

Recent cases of interest to members of the plaintiff’s bar

2009 June

Appellate Reports

Recent cases of interest to members of the plaintiff’s bar

2009 July

Appellate reports

Recent cases of interest to members of the plaintiff’s bar

2009 August

Appellate Reports

Recent cases of interest to members of the plaintiff’s bar

2009 September

Appellate Reports

Recent cases of interest to members of the plaintiff’s bar

2009 October

Appellate reports

Recent cases of interest to members of the plaintiff’s bar

2009 November

Appellate reports

Recent cases of interest to members of the plaintiff’s bar

2009 December

Appellate reports

Howell v. Hamilton Meats & Provisions, Inc. and other recent cases of interest to members of the plaintiff’s bar

2010 January

Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiff’s bar

2010 February

Appellate reports

Recent cases of interest to members of the plaintiff’s bar, including Lhotka v. Geographic Expeditions, Inc. on opposing petitions to compel arbitration

2010 March

Appellate reports for plaintiff attorneys

Including Hertz Corp. v. Friend: For the purposes of federal diversity jurisdiction, a corporation’s principal place of business is its “nerve center” — typically its HQ.

2010 April

Appellate Reports

Recent cases of interest to members of the plaintiff’s bar

2010 June

Appellate Reports

Litigation privilege does not apply to conduct that is wrongful independent of the litigation

2010 July

Appellate Reports and Cases in brief

Severability clauses in insurance policies will render ambiguous certain policy exclusions

2010 August

Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiff’s bar

2010 September

Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiff’s bar

2010 October

Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiff’s bar

2010 November

Appellate Reports and Cases in Brief

Court can deny petition to compel arbitration; also, bringing redundant causes of action in defamation suit can lead to anti-SLAPP rulings that open the door to attorney’s fees

2010 December

Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiff’s bar

2011 January

Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiff’s bar

2011 February

Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiff’s bar

2011 April

Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiff’s bar

2011 May

Appellate Reports

Recent cases of interest to members of the plaintiff’s bar

2011 June

An Appeal to Reason 204 Strategic Tools to Help You Win Your Appeal at Trial

By Donna Bader, Bench Press Publishing, 256 pgs, $55.00

2011 July

Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiffs’ bar

2011 July

Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiffs’ bar

2011 August

Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiffs’ bar

2011 September

Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiffs’ bar

2011 October

Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiffs’ bar

2011 November

Appellate Reports and cases in brief

Recent cases of interest to members of the plaintiffs’ bar

2012 January

Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiffs’ bar

2012 February

Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiffs’ bar

2012 July

Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiffs’ bar

2012 September

Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiffs’ bar

2012 October

Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiffs’ bar

2012 November

Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiffs’ bar

2012 December

Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiffs’ bar

2013 January

Appellate Reports

The California Supreme Court addresses the impact of the “same decision” defense in FEHA cases; notes discrimination must be “substantial factor” in termination

2013 March

Rulings on federal tort claims, duty of care, corporation status, MICRA

Recent cases of interest to members of the plaintiffs’ bar.

2013 April

Appellate Reports and cases in brief

Recent cases of interest to members of the plaintiffs’ bar

2013 May

Appellate Reports and cases in brief

Recent cases of interest to members of the plaintiffs’ bar

2013 June

Appellate Reports and cases in brief

Recent cases of interest to members of the plaintiffs’ bar.

2013 July

Recent cases of interest to members of the plaintiffs’ bar

Wrongful death and a putative spouse: California law allows a decedent’s “putative spouse” to pursue a wrongful death claim.

2013 August

Appellate Reports and cases in brief

Zhang clarifies many aspects of UCL practice, particularly insurance claims

2013 September

Appellate Reports and cases in brief

Cases of interest to members of the plaintiffs’ bar

2013 October

Appellate Reports and cases in brief

Cases of interest to members of the plaintiffs’ bar

2013 November

Appellate Reports and cases in brief

Cases of interest to members of the plaintiffs’ bar

2013 December

Appellate Reports and cases in brief

Cases of interest to members of the plaintiffs’ bar

2014 January

Coaching for Attorneys: Improving Productivity and Achieving Balance

A useful book for attorneys, even if you don’t like self-help books

2014 January

Appellate Reports and cases in brief

Cases of interest to members of the plaintiffs’ bar

2014 February

Appellate Reports

St. Mary offers clarity in responding to Requests for Admissions

2014 March

Appellate Reports and cases in brief

Gulliver Schools, a cautionary tale about confidentiality clauses in settlement agreements

2014 April

Appellate Reports and Cases in Brief

New holdings on expert medical testimony in district courts and on the component-parts doctrine in state courts. Also, Ennabe v. Manosa discusses alcohol served at private parties.

2014 May

Appellate Reports and cases in brief

Cases of interest to members of the plaintiff’s bar

2014 July

Appellate Reports and cases in brief

Recent opinions of the California Supreme Court, including Iskanian on employment arbitration and class-action waivers.

2014 August

Appellate Reports and cases in brief

Gregory v. Cott applies primary assumption of the risk to in-home health-care workers

2014 September

Appellate Reports and cases in brief

Patterson v. Domino’s Pizza — Franchisor tort responsibility where franchisor exhibits traditionally understood characteristics of an “employer”

2014 October

Appellate Reports and cases in brief

When a lawyer sues for unpaid fees, the client complains for breach of fiduciary duty

2014 November

Appellate Reports and Cases in Brief

Columbo declines to rely on Exxon Shipping to cap punitive damages at the amount of compensatory damages

2014 December

Eight tips to keep your case in the ring

Plaintiffs seldom move for summary judgment but the defense sees it as a knockout round

2014 December

Appellate Reports and cases in brief

Laffitte v. Robert Half International confirms that courts in California may award class counsel a 33.33 percent fee based on common-fund recovery

2015 January

Appellate Reports and Cases in Brief

Cases of interest to members of the plaintiff’s bar

2015 February

Appellate Reports and Cases in Brief

Cases of interest to members of the plaintiff’s bar

2015 March

Appellate Reports and Cases in Brief

DuBeck v. California Physician’s Service holds that an insurer who chooses to cancel a policy prospectively based on the insured’s misstatements on the application cannot thereafter rescind based on the same statements

2015 April

Appellate Reports and Cases in Brief

Amis v. Greenberg Traurig LLP confirms that all communications during mediation are subject to the mediation privilege

2015 May

Appellate Reports and Cases in Brief

Miles v. Deutsche Bank National Trust Company acknowledges that a breach-of-contract claim can be stated without attaching the contract as an exhibit or pleading its terms verbatim

2015 June

Appellate Reports and Cases in Brief

EEOC v. Abercrombie & Fitch Stores An employer may not make an applicant’s religious practice, confirmed or otherwise, a factor in employment decisions

2015 July

Appellate Reports and Cases in Brief

Bermudez v. Ciolek Logical discussion of Howell issues concerning proof of medical expenses for an uninsured client

2015 August

Appellate Reports and Cases in Brief

Sanchez v. Valencia Holding Co. Decision by the California Supreme Court on the State’s power, in the wake of AT&T Mobility LLC v. Concepcion to declare arbitration agreements unenforceable because they are unconscionable

2015 September

Appellate Reports and Cases in Brief

Lee v. Hanley articulates the rules governing the application of Code Civ. Proc., § 340.6, the statute of limitations for legal-malpractice claims

2015 October

Appellate Reports and Cases in Brief

U.S. v. Moser holds that the reasons relied on by the district judge to cut the prevailing party’s fee award constituted an abuse of discretion

2015 November

Appellate Reports and Cases in Brief

Uspenskaya v. Meline - The amount a factoring company pays to purchase a medical lien is not evidence of the reasonable value of the underlying medical services

2015 December

Appellate Reports and Cases in Brief

Assumption of Risk: If you go to a haunted house, expect to be scared (Griffin v. The Haunted Hotel, Inc.)

2016 January

Appellate Reports and Cases in Brief

A health plan’s right to reimbursement for “other equitable relief” under ERISA is limited to specific, identifiable funds within the beneficiary’s control

2016 March

Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiff’s bar

2011 March

Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiffs’ bar

2012 March

Appellate Reports

Gaines v. Fidelity National Title Insurance makes avoiding dismissal under the 5-year rule more difficult and analyzes the rules about which periods during a lawsuit are excluded

2016 April

Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiffs’ bar

2012 May

Westlaw’s new upgrade – WestlawNext

Report of an early adopter

2010 May

Appellate Reports

Recent cases of interest to members of the plaintiff’s bar

2010 May

Appellate Reports

Tyson Foods v. Bouaphakeo — The U.S Supreme Court allows statistical evidence to fill evidentiary gaps in class actions

2016 May

Appellate Reports

Flores v. Presbyterian − Negligent use/maintenance of certain medical equipment is subject to MICRA limitations

2016 June

Supreme Court eliminates automatic depublication of appellate opinion upon a grant of review

2016 July

Appellate Reports

Ramos v. Brenntag Specialties, Inc. narrows the availability of the component parts doctrine in products-liability cases

2016 August

Appellate Reports and Shorter Takes

Baral v. Schnitt — Substantially broadens the scope of the anti-SLAPP statute by holding that it can be used to attack allegations of constitutionally protected activity

2016 September

Appellate Reports

Barickman v. Mercury Cas. Co. — Court rejects the insurer’s argument that it acted in good faith as a matter of law by making an early tender of policy limits

2016 October

Appellate Reports

Markow v. Rosner — Appellate court isn’t buying hospital’s vicarious liability based upon ostensible agency of a physician associated with the hospital

2016 November

Appellate Reports

Nickerson v. Stonebridge Ins. Co. — Affirms a punitive-damage award that is 10 times the amount of compensatory damages; holds that insurer’s claims handling was highly reprehensible

2016 December

Appellate Reports

Kesner v. Superior Court — The most comprehensive discussion of the analysis of legal duty in negligence law, specifically as regards asbestos but applicable to all negligence claims where duty is an issue

2017 January

Appellate Reports

Cal Supreme Court rules in Augustus v. ABM that the Brinker standard applies to rest breaks and that “on call” rest breaks are not compliant with the law

2017 February

Appellate Reports

Okafor v. United States of America – Holds that a lawyer’s reliance on FedEx to timely deliver a document constitutes “routine negligence”

2017 March

Appellate Reports

Claim against public entity is barred where the plaintiff failed to file a timely late-claim petition after his initial claim was deemed denied

2017 April

Appellate Reports

McGill v. Citibank, NA — Allows an individual plaintiff to seek a public injunction under the UCL and FAL – relief whose primary purpose is to benefit the public generally – without the need to pursue the claim as a class action

2017 May

Appellate Reports

Employment and anti-SLAPP: A decision to deny tenure rested on communications made in the course of that decision, an official proceeding, and was protected activity for purposes of anti-SLAPP

2017-June

Appellate Review

Garcia v. Pexco — Defendant may enforce arbitration agreement when plaintiff alleges a defendant acted as an agent of a party to an arbitration agreement

2017 July

Appellate Review

Cal Supreme Court says discovery in PAGA actions is governed by normal standards of civil litigation; supports broad view of the right to discovery in all civil cases

2017 August

Be an insurance Myth Buster!

Three myths – or soon to be myths – of insurance law in California

2017 September

Appellate Reports and Shorter takes

Interim adverse judgment bars malicious-prosecution claim, even if trial court later finds action was brought in bad faith

2017 October

Appellate Reports

Appellate Court holds that hospital’s substantial impairment of an elderly patient’s right to autonomy can constitute actionable “neglect” within the Elder Abuse Act

2017 November

Self-inflicted errors on the verdict form can torpedo your verdict

Six tips from an appellate lawyer about how to minimize the risk of inconsistent verdicts

2017 December

Appellate Reports

The dangers and difficulties of trying to put “teeth” into a settlement by including provisions that increase the amount the settling defendant must pay if it fails to perform

2017 December

Appellate Reports and Shorter Takes

Duty-of-care issues, particularly involving premises-liability cases where the premises abut a public street

2018 February

Appellate Reports and Shorter Takes

FAA does not apply when son with power of attorney signs arbitration agreement with hospital, later sues for elder abuse in father’s death

2018 April

Appellate Reports

Regents of the Univ. of California v. Superior Court (Rosen) — Holding that universities have a special relationship with their students, and therefore owe them a limited duty of care to protect them during “curricular” activities

2018 May

Appellate Reports

In Dynamex Operations Cal. Supreme Court adopts new test for “employee” vs. “independent contractor.” In Pebley v. Santa Clara Organics, appellate court oks medical care on a lien, even for plaintiffs with insurance

2018 June

Appellate Reports

Liberty Surplus Insurance v. Ledesma & Meyer Construction – Does an employer’s negligent hiring, retention, or supervision of an employee constitute an “accident”?

2018 July

Appellate Reports

Troester v. Starbucks Corp. – The California Supreme Court rejects the use of the de minimus doctrine to allow employers to demand small amounts of uncompensated work for employees

2018 September

Appellate Reports

Brady v. Bayer Corp. — Don’t call it “One A Day” vitamins and then in small print tell us we must take two; or if you prefer: one gummie a day won’t keep the rickets away

2018 October

Appellate Reports

Ayon v. Esquire Deposition Solutions — Provides guidance on when credibility issues can create triable issues of fact

2018 November

Appellate Reports

Court looks at standard of care that governs university’s duty to protect its students from violence. Also, primary assumption of risk in school sports

2019 January

Appellate Reports

Ruling makes new law for offers and responses per CCP 998

2019 February

ADP screwed up your pay check?

Look to your employer, not the payroll processor

2019 March

Appellate Reports

Guernsey v. City of Salinas — When juror affidavits concerning deliberations are admissible for new-trial motions or appeal

2019 April

Appellate Reports

Retroactive application of arbitration agreements in employment actions

2019 May

Appellate Reports

Mazik v. Geico affirms punitive damages finding a regional manager qualified as a “managing agent”

2019 June

Appellate Reports

Specific enforcement of settlement — Mesa RHF Partners, L.P. v. City of Los Angeles. Code of Civil Procedure section 664.6; requests to retain jurisdiction; signature by parties versus attorneys

2019 July

Buying immunity

The lid is off the policy! Can insurers immunize themselves from their bad-faith failure to settle by buying the bad-faith claim from their own policyholder?

2019 September

Appellate Reports

Court says methodology of identifying class members who purchased an inflatable pool from chain store need not be shown in order to certify class. Also, decisions on choice of law and waiver of right to compel arbitration

2019 September

Appellate Reports

Attorney’s potential liability under settlement signed by attorney with notation “approved as to form and content”

2019 October

Appellate Reports

Defendant claims excessive verdict and that plaintiff counsel improperly pre-conditioned and engaged the passions of the jury, but Court affirms wrongful death awards totaling $45 million

2019 November

Appellate Reports

Defendant claims excessive verdict and that plaintiff counsel improperly pre-conditioned and engaged the passions of the jury, but Court affirms wrongful death awards totaling $45 million

2019 November

Appellate Reports

Plaintiffs’ law firm sues client for defamation in website reviews, trial court grants anti-SLAPP motion against firm, upheld on appeal

2019 December

Appellate Reports

Under PAGA, employees may not seek penalties for Labor Code § 558 penalties

2020 January

Appellate Reports

Path across park leading to restrooms is a “trail” for the purpose of trail immunity defense even if only occasionally used for recreational purposes

2020 February

Appellate Reports

Court sees triable issue of fact as to “intolerable conditions” in constructive-termination case brought by gay CHP officer

2020 March

Appellate Reports

Supreme Court holds that plaintiffs do not lose standing to pursue PAGA claims against their employer by settling their individual claims

2020 April

Appellate Reports

Supreme Court holds no right to jury trial under either Unfair Competition Law or False Ad-vertising Law

2020 June

Appellate Reports

Two rulings on insurance bad faith and the genuine dispute doctrine; also collateral estoppel in employment class actions

2020 July

Appellate Reports

Two rulings on insurance bad faith and the genuine-dispute doctrine

2020 August

Appellate Reports

Supreme Court resolves split of authority about the standard of review when standard of proof is clear-and-convincing evidence

2020 September

Appellate Reports

A look at Prop 51, battery versus med mal, the sudden-emergency doctrine in auto accidents, and genuine-dispute doctrine in health insurance

2020 October

Appellate Reports

Cal Supreme Court says Dynamex decision on employees vs. independent contractors is retroactive

2021 February

Appellate Reports

Courts look at negligent infliction of emotional distress in the digital age; also design immunity and “home protection plans” as insurance

2021 March

Appellate Reports

U.S. Supreme Court affirms state jurisdiction over alleged defective vehicles

2021 June

Appellate Reports

Court publishes contempt order after attorney uses rehearing petition to rant about the legal system

2021 July

Appellate Reports

Privette: The Supreme Court clarifies and narrows its exceptions

2021 October

Court looks at Sanchez and case-specific hearsay

Also, non-English speakers and English-language contracts; contingency-fee agreements

2021 November

Appellate Reports

Court looks at Medi-Cal liens and the published-compilation exception to the hearsay rule for evidence

2021 December

Appellate Reports

Bad-faith failure to settle examined based on contract law principle; also, COVID business interruption coverage

2022 January

Persuasion Science for Trial Lawyers

Deserves to join the Pantheon of trial-practice texts

2022 February

Appellate Reports

Cal Supreme Court addresses whistleblowing and consequent adverse employment actions; also, Court looks at extortion by settlement demand under Flatley v. Mauro

2022 March

Appellate Review

Arbitration agreements in health-care settings; also, the “baseball rule” on assumption of the risk; legal malpractice, causation and anti-SLAPP

2022 May

Appellate Review

Can duress induced by a party’s own counsel void a settlement agreement?

2022 June

Appellate Report

U.S. Supreme Court holds that Iskanian's rule that PAGA actions cannot be divided into individual and non-individual claims is preempted by the FAA

2022 July

Appellate Report

Courts look at expert concessions on causation; also personal jurisdiction

2022 August

Appellate Report

Court reviews Privette rule on retained control of job site

2022 October

Appellate Report

Conditional acceptance of a 998 offer invalidates the offer as to prejudgment interest

2022 November

“Accidents” and intentional conduct

Must an “accident” result from an unintentional act? Does negligence equate to “accident?” Strategies for dealing with “no accident, hence no coverage”

2022 November

Appellate Report

Aggregated statutory damages “so severe and oppressive” held to violate due process

2023 February

Appellate Report

Limits on trial court’s ability to impose sanctions for misuse of discovery

2023 March

Appellate Reports

Warning labels on generic drugs; also, refusal to pay arbitration fees, and HOAs suing for construction defects

2023 April

Appellate Reports

Supreme court rules governmental design immunity for dangerous roads does not categorically preclude failure-to-warn claims; also, public liability for dangerous sidewalks

2023 June

Appellate Reports

In Adolph, California Supreme Court declines to follow High Court on arbitration of PAGA actions

2023 September

Appellate Reports

Cal Supreme court rules on an employer’s agent’s liability in FEHA cases; also, products liability claims based on absence of a safety feature that would have prevented the accident

2023 October

A first-hand experience with AI legal software

An appellate lawyer’s review of Casetext’s CoCounsel

2023 November

Appellate Reports

Legal malpractice complaints and the statute of limitations; also, WC as exclusive remedy for school volunteers

2023 November

Appellate Briefs

Contractors hired by DOD and removal of their complaints to federal court. Also, premises liability and the negligent undertaking theory; and, reduction of attorney fees based on incivility of counsel

2024 January

Appellate Briefs

MICRA and ambulances involved in auto accidents; also, PAGA waivers, the trivial-defect doctrine

2024 February

Appellate Reports

Relief from waiver of jury trial; also Labor Code and pay stubs, hotels and premises liability

2024 June

Appellate Reports

Medical-expense damages and the collateral-source rule/Medicare; also, handwritten vs. electronic signatures on arbitration agreements, and scam ads on Facebook, binding arbitration agreements and wrongful-death heirs

2024 July