Articles written by this author:
Assumption of the risk: If you buy tickets to a haunted house, expect to be scared ([case]Griffin v. The Haunted Hotel[/case])
Jeffrey I. Ehrlich
2016 January
[ase]Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan[/case]
Jeffrey I. Ehrlich
2016 March
[case]Gaines v. Fidelity National Title Insurance[/case] makes avoiding dismissal under the 5-year rule more difficult and analyzes the rules about which periods during a lawsuit are excluded
Jeffrey I. Ehrlich
2016 April
[case]Tyson Foods v. Bouaphakeo[/case] — The U.S Supreme Court allows statistical evidence to fill evidentiary gaps in class actions
Jeffrey I. Ehrlich
2016 May
[case]Flores v. Presbyterian[/case] − 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
Jeffrey I. Ehrlich
2016 June
Supreme Court eliminates automatic depublication of appellate opinion upon grant of review
Jeffrey I. Ehrlich
2016 July
[case]Ramos v. Brenntag Specialties, Inc.[/case] narrows components parts doctrine
Jeffrey I. Ehrlich
2016 August
[case]Baral v. Schnitt[/case] 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
2016 September
A first-person account of the wrongful murder conviction of Ray Jennings, and what it took to free him
Jeffrey I. Ehrlich
2016 September
[case]Barickman v. Mercury Cas. Co.[/case] — 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
Jeffrey I. Ehrlich
2016 October
[case]Markow v. Rosner[/case] — Appellate court isn’t buying hospital’s vicarious liability based upon ostensible agency of a physician associated with the hospital
Jeffrey I. Ehrlich
2016 November
Responding to defense motions to foreclose plaintiffs’ counsel from making “Reptile” arguments to the jury
Steven B. StevensJeffrey I. Ehrlich
2016 December
[case]Nickerson v. Stonebridge Ins. Co.[/case] — Affirms a punitive-damage award that is 10 times the amount of compensatory damages; holds that insurer’s claims handling was highly reprehensible
Jeffrey I. Ehrlich
2016 December
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
2017 January
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
2017 February
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
2017 March
Claim against public entity is barred where the plaintiff failed to file a timely late-claim petition after his initial claim was deemed denied
Jeffrey I. Ehrlich
2017 April
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
2017 May
Cuevas v. Contra Costa County – Defendant entitled to introduce evidence of future insurance benefits available under ACA
Jeffrey I. Ehrlich
2017 June
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
2017 July
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
2017 August
Four myths — or soon to be myths — of insurance law in California
Jeffrey I. Ehrlich
2017 September
Interim adverse judgment bars malicious-prosecution claim, even if trial court later finds action was brought in bad faith
Jeffrey I. Ehrlich
2017 October
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
2017 November
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
2017 December
Six tips from an appellate lawyer about how to minimize the risk of inconsistent verdicts
Jeffrey I. Ehrlich
2017 December
Duty-of-care issues, particularly involving premises-liability cases where the premises abut a public street
Jeffrey I. Ehrlich
2018 February
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
2018 April
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
2018 May
In [case]Dynamex Operations[/case] Cal. Supreme Court adopts new test for “employee” vs. “independent contractor.” In [case]Pebley v. Santa Clara Organics[/case], appellate court oks medical care on a lien, even for plaintiffs with insurance
Jeffrey I. Ehrlich
2018 June
A local plaintiff’s lawyer gets ensnared in a “BEC” scam
Jeffrey I. Ehrlich
2018 September
[case]Troester v. Starbucks Corp.[/case] – The California Supreme Court rejects the use of the de minimus doctrine to allow employers to demand small amounts of uncompensated work for employees
Jeffrey I. Ehrlich
2018 September
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
Jeffrey I. Ehrlich
2018 September
[case]Brady v. Bayer Corp.[/case] — 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
Jeffrey I. Ehrlich
2018 October
Ayon v. Esquire Deposition Solutions — Provides guidance on when credibility issues can create triable issues of fact
Jeffrey I. Ehrlich
2018 November
