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An Insurer's Broad Duty to Defend Remains Unchanged for 2017

It is widely known amongst insurance professionals that California applies one of the broadest standards in the country when examining an insurer's duty to defend its insureds. In my practice, I ...
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LITIGATION: A Reasonable Way to Prove Loss of Future Earnings

This past September a California Appellate Court affirmed a trial court's rejection of a $730,000.00 award for future earnings losses to an aspiring lawyer in a lawsuit against Cedars-Sinai ...
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An Insurer's Bad Faith Exposure May Not End Even If Policy Limits Are Tendered

Insurance carriers adjusting California claims have long feared policy limits settlement demands in third-party liability cases and the prospect that their response to such demands could expose the ...
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The CFPB Proposes Rule Prohibiting Arbitration Clauses - Hail to the Class Action Lawsuit

In October 2015, the Consumer Financial Protection Bureau (CFPB) announced that it was considering proposing rules that would ban the use of arbitration clauses in financial agreements after it ...
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Desperate Housewives' Employment Lawsuit May Last As Long As Series

The California Court of Appeals recently held that an employee is not required to exhaust her administrative remedies by filing a complaint with the Labor Commissioner before commencing a civil action ...
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Fracking, Water Contamination, and Benzene Regulation

Hydraulic fracturing ("fracking") has long been a controversial method of extracting natural gas and oil in the United States. Fracking utilizes fluid mixtures to drill into shale rocks at a ...
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California Appellate Court Vacates Summary Judgment of Manufacturer of Machine used to Abrade Brakes

On June 22, 2015, the California Courts of Appeal, Second Appellate District, Division Four, vacated summary judgment in an asbestos litigation that was granted for a manufacturer of brake grinding ...
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Clarifying the Duty Owed to Family Members in Take-Home Asbestos Cases

A recent Court of Appeal decisions has provided further clarity to a series of decisions regarding the duty of asbestos defendants towards family members injured due to result of "take-home" ...
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The General Verdict Rule: Liability Under Any Theory

Courts presume that a jury is competent to detect inadequacy of proof (factual insufficiency) when rendering a verdict, but that jurors are incapable of determining incorrect application or theories ...
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Innovator Liability Stakes a Claim in Alabama

In any negligence cause of action, foreseeability of harm is a factor in determining whether or not a defendant has a legal duty to a plaintiff. Generally, a defendant has no duty to protect a ...
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California Proposition 65 Lawsuits and the Cosmetics Industry

Many potentially harmful chemicals are used in cosmetics manufacturing. Consumer and worker advocacy groups are concerned because some cosmetic products contain chemicals known or suspected to cause ...
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Genetic Data: The Future of Toxic Tort Litigation

One of the biggest hurdles for a plaintiff to overcome in toxic tort cases is establishing that exposure to a toxin resulted in his or her injury. Generally, causation is determined through a battle ...
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Summary Judgment for the Bulk Supplier to a Sophisticated Buyer

There continues to be a lively debate, among the trial and appellate courts of California, as to whether or not a defendant who merely supplies raw materials for use in its customer's ...
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California Court to Decide Whether Coffee May Cause Cancer

Raphael Metzger and Kenneth Holdren, of The Metzger Law Group, are currently engaged in a bench trial in a Proposition 65 action against several major coffee companies including Starbucks, Peet's ...
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Diesel Exhaust Emissions: A New Liability

In August 2014, Dorata Nigro won a landmark job-related death claim before the Workers Compensation Board regarding the death of her husband, Anthony Nigro. Mr. Nigro was a bus mechanic with the ...
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POOLE & SHAFFERY, LLP OBTAINS FEDERAL COURT JUDGMENT AND PERMANENT INJUNCTION AGAINST CLIENT'S COMPETITOR FOR FALSE ADVERTISING

On May 29, 2014, United States District Court Judge, the Hon. Ronald S.W. Lew, ordered the entry of judgment for a permanent injunction against DriTherm International, Inc., a New Jersey based seller ...
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Component Parts Doctrine Update

Among the eight divisions of the Second District Court of Appeal, there has been recent disagreement as to whether or not, under the component parts doctrine, a defendant who merely supplies raw ...
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Appellate Court Affirms Summary Judgment Decision of Two Asbestos Defendants and Reverses Decision as to Two Others

A recent published decision by the California Court of Appeal, Third Appellate District (Sacramento) affirmed summary judgment in favor of two asbestos defendants based on plaintiffs' factually ...
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Architect's Duty to Homeowners Expanded

In the first edition of our Construction Law Adviser, we wrote concerning the First Appellate District's decision in Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP, ...
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Common Law Claims for Defects Fortified as Burch Petition for Review Denied

The California Supreme Court has denied the petition for review and the request for depublication of the Second Appellate District's decision in Burch v. Superior Court, (February 19, 2014) ...
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High Court Allows Competitors to Bring Suit Against One Another for Unfair Competition Arising from Mislabeled Products

The U.S. Supreme Court has just made things easier to litigate deceptive labeling lawsuits. In Pom Wonderful LLC v. The Coca Cola Company, the Supreme Court unanimously held that companies could bring ...
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LITIGANTS BARRED FROM HAVING THEIR CAKE AND EATING IT TOO

Like many civil litigation firms, when our office is retained to defend a civil action, one of our first tasks is to perform a basic investigation into the background of the plaintiff. With increasing ...
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Courts Continue to Condone Double Recovery in Asbestos Cases

On February 21, 2014, a California appellate court affirmed a trial court's ruling allowing plaintiffs double recovery. The Court held that not only were plaintiffs entitled to recover damages ...
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Proposed New Changes to California's Proposition 65 to Impose More Stringent Warning Requirements

California's Office of Environmental Health Hazard Assessment (OEHHA) has proposed sweeping changes to the warning requirements under the state's Safe Drinking Water and Toxic Enforcement Act ...
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A Limit on Governmental Power to Compel Disclosures

On Monday, April 14, 2014, the U.S. Circuit Court of Appeals for the District of Columbia partially struck down Securities and Exchange Commission ("SEC") regulations enacted pursuant to the ...
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