Weekly Law Resume - May 9, 2013: A Single Statutory Settlement Offer Made to Multiple Plaintiffs in a Wrongful Death Suit is Valid

May 14, 2013, 9:09 am

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Amy Jo McDaniel, et al. v. Loyd Richard Asuncion Court of Appeal, Fifth District (March 27, 2013) California has a statutory settlement procedure (Code of Civil Procedure § 998) by which a party may make a written offer to compromise and, if that...
By: Thomas LoSavio

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Weekly Law Resume - June 13, 2013: Expert Witness Fee Recovery Runs From Rejection of First of Plaintiff’s Multiple Statutory Settlement Offers

June 21, 2013, 8:35 am

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Raymond Martinez, et al. v. Brownco Construction Company, Inc. - California Supreme Court (June 10, 2013)- California’s statutory settlement procedure (Code of Civil Procedure §998) permits a party to make a written offer to compromise and, if...
By: Thomas LoSavio

Weekly Law Resume - November 2013: California Court Finds 10:1 as Maximum Constitutionally Defensible Ratio Between Punitive and Compensatory Damages

November 25, 2013, 2:28 pm

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Thomas Nickerson v. Stonebridge Life Insurance Company - Court of Appeal, Second District (August 29, 2013) - The imposition of punitive damages by a jury has been one of the least predictable, most subjective aspects of civil litigation for...
By: Thomas LoSavio

Communications Between Public Officials Using Private Cell Phones or Email Accounts Are Not Public Records Requiring Public Access

April 7, 2014, 1:48 pm

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City of San Jose v. Superior Court of Santa Clara County (Ted Smith, Real Party) - Sixth District Court of Appeal, Action # H039498 (Filed Mar. 27, 2014) 2014 WL 1254821 ____Cal.App.4th____ - The California Public Records Act, Government Code...
By: Thomas LoSavio

Asbestos Alert: Paulus v Crane Co.

April 8, 2014, 7:41 am

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Second District Court of Appeal, Division Three, Action # B246505 (Filed Feb. 21, 2014, modified Mar. 24, 2014) 2014 WL 1157284 ____Cal.App.4th____ - Sufficiency of Expert Testimony to Prove Causation; Bankruptcy Trust Damage Offset - In...
By: Thomas LoSavio

Limited Liability Company Members May Be Held Liable After a “De Facto” Dissolution of the Entity

November 19, 2014, 9:47 am

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Court Of Appeal, Fourth Appellate District (October 7, 2014)- One of the advantages of the Limited Liability Company (“LLC”) structure is, not surprisingly, that it generally limits the liabilities of its Members. One exception to that general...
By: Thomas LoSavio

Subcontractor Performing Services may be Liable in Strict Liability For Purchasing and Installing Defective Products in Fulfilling its Contract

January 18, 2016, 12:48 pm

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Jovana Hernandezcueva v. E. F. Brady Company, Inc. - Court of Appeal, Second Appellate District, Division Four (December 22, 2015) - The doctrine of strict liability is ordinarily inapplicable to transactions whose primary objective is...
By: Thomas LoSavio

Asbestos Alert: Asbestos Bankruptcy Trusts and Legislation

April 28, 2016, 4:18 pm

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When asbestos litigation became extremely costly to defend, to settle and to pay judgments, companies began filing for protection under the Bankruptcy laws. In the three decades since Johns Manville and UNR Industries filed the first asbestos...
By: Thomas LoSavio

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Component Parts Doctrine not Applicable to Products Used in Manufacturing Process That are not Incorporated into a Different Finished Product

June 30, 2016, 9:01 am

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Flavio Ramos, et al. v. Brenntag Specialties, Inc., et al. - California Supreme Court (June 23, 2016) - In cases of claimed injury from asbestos exposure, the component parts doctrine was designed to provide protection to the supplier of a...
By: Thomas LoSavio

Insurer Liable for Mandatory Double Damages for Failure to Reimburse a Medicare Advantage Organization for Medicare Benefits It Paid to Tort Victim

October 25, 2016, 3:08 pm

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Humana Medical Plan, Inc. v Western Heritage Insurance Company ____ F.3d ____ 2016 WL 4169120 (11th Circuit, August 8, 2016) - The federal Medicare and Medicaid Acts have been called “among the most completely impenetrable texts within human...
By: Thomas LoSavio

Asbestos Alert: Government Contractor Defense Available to Broker Which Arranged for Asbestos-Containing Insulation to Be Provided to Navy

December 5, 2016, 10:20 am

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California Court of Appeal, First Appellate District (November 22, 2016) - The Government Contractor defense is available in asbestos lawsuits brought against manufacturers and suppliers of military hardware and equipment. The defense protects the...
By: Thomas LoSavio

Trial Court Committed Error in Excluding Evidence of Future Affordable Care Act Benefits in Medical Malpractice Case

May 5, 2017, 9:56 am

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Cuevas v. Contra Costa County - First Appellate District, Division One (April 27, 2017) - In an ordinary personal injury lawsuit, a defendant may not introduce evidence of amounts the plaintiff received from insurance covering the injuries. This...
By: Thomas LoSavio