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

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

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

Jeffrey I. Ehrlich

From Issue: 2017 January

Appellate Reports

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

Jeffrey I. Ehrlich

From Issue: 2017 March

Appellate Reports

Cuevas v. Contra Costa County – Defendant entitled to introduce evidence of future insurance benefits available under ACA

Jeffrey I. Ehrlich

From Issue: 2017 June

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

Jeffrey I. Ehrlich

From Issue: 2018 May

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

Jeffrey I. Ehrlich

From Issue: 2018 April

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

Jeffrey I. Ehrlich

From Issue: 2017 November

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

Jeffrey I. Ehrlich

From Issue: 2017 February

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

Jeffrey I. Ehrlich

From Issue: 2017 May

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

Jeffrey I. Ehrlich

From Issue: 2017 December

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

Jeffrey I. Ehrlich

From Issue: 2018 June