California Supreme Court
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Calif. plaintiff gets two years to sue health care provider after tripping over scale
SAN FRANCISCO (Legal Newsline) – A Sept. 11 California appeals court decision regarding the Medical Injury Compensation Reform Act (MICRA) found that a longer statute of limitations to the lawsuit of a woman who alleged a trip-and-fall at a health care provider. -
Exotic dancers avoid arbitration of certified class action in California
LOS ANGELES (Legal Newsline) – An appellate court in California has decided that a strip club sued by its former employees cannot compel arbitration. -
Woman's sexual abuse claim against public entity untimely, court rules; Alleged abuse happened nearly 20 years before lawsuit
SAN FRANCISCO (Legal Newsline) – A 4-3 decision from the California Supreme Court says a then-34-year-old woman who was allegedly molested in high school waited too long to file her lawsuit against a public entity. -
Will Jerry Brown tilt California Supreme Court against business?
SACRAMENTO, Calif. (Legal Newsline) - At the end of this month, California Supreme Court Justice Kathryn Werdegar is scheduled to retire, giving Gov. Jerry Brown the opportunity to appoint his fourth justice to the highest court in the nation’s most populous state, ending a Republican majority and sealing his influence over the court for decades. -
Latham & Watkins avoids malicious prosecution claim
SAN FRANCISCO (Legal Newsline) – A law firm can't be sued for pursuing a lawsuit in alleged bad faith, as that case had made it past the summary judgment phase, the California Supreme Court has decided. -
Calif. SC affirms medical board's investigation of prescription drug records
SAN FRANCISCO (Legal Newsline) – The Supreme Court of California ruled on July 17 that the Medical Board of California did not violate a patients’ rights clause of the state’s constitution when it secured information from the Controlled Substance Utilization Review and Evaluation System (CURES) regarding patients who had been prescribed a controlled substance without a court order allowing the release of the information. -
Calif. court sinks marine mechanic’s negligence lawsuit against container terminal company and its contractors
LOS ANGELES (Legal Newsline) – On July 20, a California appeals court upheld a lower court’s summary judgment in favor of Evergreen Container Terminal and two of its contractors in a negligence lawsuit filed by a marine mechanic allegedly injured while performing maintenance at a marine container terminal leased by the company. -
Supreme Court rules Encinitas homeowners forfeited claims for storm damaged seawall
SAN FRANCISCO -- The California Supreme Court ruled July 6 that Encinitas homeowners forfeited their claims when they went ahead with repairs before a final judgment was made in their petition for a permit to rebuild a storm-damaged seawall that protects their homes. -
Calif. appeals court doesn't expand liability in take-home asbestos lawsuits
LOS ANGELES (Legal Newsline) – A California appeals court has declined to expand asbestos liability in take-home exposure lawsuit. -
California Supreme Court clarifies day of rest requirements for employees
SAN FRANCISCO (Legal Newsline) – The California Supreme Court has answered questions posed by the U.S. Court of Appeals for the Ninth Circuit in a case involving the day of rest statutes regarding employment. -
California SC: Provision in predispute arbitration agreement ‘contrary’ to public policy
In 2011, plaintiff Sharon McGill filed a class action lawsuit against Citibank N.A. based on its marketing of a “credit protector” plan and the handling of a claim. Pursuant to an arbitration provision, Citibank petitioned to compel McGill to arbitrate her claims on an individual basis. -
Hershey's legal defense: Plaintiff is disbarred attorney looking for targets
LOS ANGELES (Legal Newsline) - Hershey’s is defending a class action lawsuit by attacking the motives of the plaintiff – a disbarred attorney who has filed hundreds of lawsuits and wrote a how-to-sue book. -
Calif. appeals court rules health care providers OK to allow employees to waive meal breaks
SANTA ANA, Calif. (Legal Newsline) – Workers hoping to hit their employer with a class action over meal breaks have been dealt an adverse ruling by a California appeals court. -
Legal reform group wants review of California class action decision
LOS ANGELES (Legal Newsline) – The Civil Justice Association of California has filed a letter in support of review of the case of Lubin v. Wackenhut, which is poised to set legal standards for class action certifications regarding employer liability and meal and rest breaks. -
Calif. SC says high school football player missed window to sue school district over alleged injury
SAN FRANCISCO (Legal Newsline) – The California Supreme Court ruled March 6 to affirm a decision ruling that a high school football player who was allegedly injured during a game can’t file a claim because he waited too long. -
California Supreme Court rules on summary judgment and expert opinion admissibility
SAN FRANCISCO (Legal Newsline) – On Feb. 23 the Supreme Court of California issued an opinion in the case of Wilson Dante Perry v. Bakewell Hawthorne LLC. The conclusions reached specify what information may be used when one side is asking for the court for summary judgment. -
Calif. SC upholds $90M verdict in rest break case, helps define rules for breaks
SAN FRANCISCO (Legal Newsline) – An ABM Security Services employee has kicked off the new year with a major $90 million win against the company after the California Supreme Court ruled in her favor on Dec. 22 in a lawsuit concerning the definition of a rest break in California. -
New ATRA program to tackle ‘deep-pocket jurisprudence’
Victor Schwartz, general counsel for the American Tort Reform Association and an expert on tort law, argues some courts in recent years have stretched tort law to impose liability on an innocent party. -
California attracts 'litigation tourists,' study finds
SAN FRANCISCO (Legal Newsline) – Most of the plaintiffs in product-liability cases filed against pharmaceutical manufacturers in California’s leading courts were brought by people who live in other states, finds a recent study by the Civil Justice Association of California. -
Calif. Supreme Court: No immunity extension for tribal payday lenders
LOS ANGELES (Legal Newsline) – Two federally recognized tribes have been denied immunity protections from California payday lender regulations after a recent state Supreme Court decision.