Cal Supreme Court throws out old common law “release rule”

Hospital must pay large damage award even though the settlement with the defendant physician was found not to be in good faith

From Issue: 2012 September

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

Jeffrey I. Ehrlich

From Issue: 2017 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

Jeffrey I. Ehrlich

From Issue: 2016 September

Appellate Reports and Shorter Takes

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

Jeffrey I. Ehrlich

From Issue: 2018 February

Appellate Reports and Cases in Brief

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

Jeffrey I. Ehrlich

From Issue: 2015 May

Appellate Reports and Cases in Brief

Cases of interest to members of the plaintiff’s bar

Jeffrey I. Ehrlich

From Issue: 2015 March

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

Jeffrey I. Ehrlich

From Issue: 2017 July

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.

Jeffrey I. Ehrlich

From Issue: 2010 April

Appellate Reports and Shorter takes

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

Jeffrey I. Ehrlich

From Issue: 2017 October

Appellate Reports and cases in brief

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

Jeffrey I. Ehrlich

From Issue: 2014 September

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

Jeffrey I. Ehrlich

From Issue: 2015 April

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

Jeffrey I. Ehrlich

From Issue: 2015 June