The basics of advertising-injury coverage

The basic concepts of this somewhat obscure and often mystifying area of insurance law

2014 August

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

Health insurance: The coverage for prosthetics in group health plans

How the Ninth Circuit, in Garcia v. Pacificare, gutted California Health & Safety Code section 1367.18 — and how you can fix it

2015 August

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

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 debt

2015 December

Appellate Reports and Cases in Brief

Assumption of the risk: If you buy tickets to a haunted house, expect to be scared (Griffin v. The Haunted Hotel)

2016 January

Appellate Reports and Briefs

Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan

2016 March

Appellate Reports and Briefs

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 Briefs

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

2016 May

Appellate Reports and Briefs

Flores v. Presbyterian − Negligence in the use and maintenance of equipment used to implement a doctor’s order constitutes “professional negligence” under MICRA and subject to MICRA statute of limitations

2016 June

Appellate Review

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

2016 July

Appellate Reports and Shorter Takes

Ramos v. Brenntag Specialties, Inc. narrows components parts doctrine

2016 August

How could this happen in Los Angeles?

A first-person account of the wrongful murder conviction of Ray Jennings, and what it took to free him

2016 September

Appellate Reports

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

“Reptile” under attack

Responding to defense motions to foreclose plaintiffs’ counsel from making “Reptile” arguments to the jury

2016 December

Appellate Reports and Shorter Takes

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 California 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 and Shorter Takes

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

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

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 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

2017 August

Be an insurance Myth Buster!

Four 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

Don’t let self-inflicted errors on the verdict form 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

There but for the grace of God go you

A local plaintiff’s lawyer gets ensnared in a “BEC” scam

2018 September

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

“We meant it when we said it”

In Liberty Surplus v. Ledesma & Meyer Construction Co., the California Supreme Court reaffirms that an “accident” can be the unintended consequence of the insured’s deliberate acts

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

Brown v. Ralph’s Grocery Co. clarifies the requirements under PAGA for what constitutes a sufficient notice by the employee

2018 December

It’s still not over?

A short guide to petitions for rehearing, review, depublication, and post-appeal proceedings in the trial court

2018 December

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 in med-mal case sets makes new law for making or responding to CCP 998 offers

2019 February

ADP screwed up your pay check?

Look to the 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

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

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

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

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

In People v. Veamatahau, Cal Supreme Court clarifies and restricts the meaning of “case-specific hearsay” that must be excluded under People v. Sanchez

2020 May

Appellate Reports

Supreme Court holds no right to jury trial under either Unfair Competition Law or False Advertising Law

2020 June

Appellate Reports

Decision looks at bad faith in landlord’s insurance policy

2020 July

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

Daubert error no longer requires new trial as sole remedy

2021 January

Appellate Reports

Court says a jury should hear claim of hostile work environment created by a customer

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

Court of Appeal rejects CACI 2334 formulation of what constitutes a bad-faith failure to settle

2021 April

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

It deserves to join the Pantheon of trial-practice texts

2022 January

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?

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