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Category Archives: California Courts

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Defense Verdict Obtained Via Independent Rebuttal Witnesses in Living Mesothelioma Case Brought by Medical Expert Dr. Richard Luros

Posted in Asbestos Litigation, California Courts, Toxic Tort

On July 12, 2013 an Alameda jury returned a defense verdict in the living mesothelioma asbestos case Richard Luros v. Amcord, Inc., Alameda Superior Court Number RG11600370. (Luros complaint pdf download). The California defense asbestos bar had been watching the case with interest since it was filed in October 2011, as the Plaintiff, Dr. Richard… Continue Reading

Insurers Hold Attorney-Client Privilege in Instances where Bankrupt Corporation with No Officers or Directors is the Insured

Posted in Asbestos Litigation, California Courts, Litigation Trends

In Melendrez v. Superior Court (download), 214 Cal.App.4th 1343 (2013), the California Court of Appeals, Second District, recently resolved the issue of who may verify discovery responses on behalf of a bankrupt entity with no directors or officers.  The decision also reaffirms prior cases which hold that attorneys cannot waive the attorney-client privilege on behalf of… Continue Reading

CALIFORNIA SUPREME COURT PUBLISHES ANOTHER OPINION LIMITING POOL OF DEFENDANTS AVAILABLE TO PLAINTIFFS IN CALIFORNIA ASBESTOS LITIGATION

Posted in Asbestos Litigation, California Courts, Toxic Tort

The California Supreme Court recently resolved conflicting opinions from state appellate intermediary courts on the subject of whether, or under what circumstances, a plaintiff may sue a dissolved out of State corporation in California. In Greb v. Diamond International Company, 56 Cal. 4th 243 (2013) the Court held that dissolved foreign corporations are not subject… Continue Reading

Are California Food Manufacturers Prepared for Proposition 37: Imposed Labeling Mandates For Genetically Modified Organisms?

Posted in California Courts, False-Labeling Claims, Foodborne Illness, Litigation Trends

California’s Secretary of State recently announced that the California Right to Know Labeling Initiative will be Proposition 37 on this November’s state ballot. If passed, this initiative would require labeling by food manufacturers of any genetically modified organisms (GMOs), also known as genetically engineered organisms (GEOs). GMOs made their first public appearance in 1994, when… Continue Reading

California’s Long Awaited Brinker Decision on Meal and Rest Period Obligations

Posted in California Courts, Employment Litigation, Litigation Trends

  The California Supreme Court recently released its long awaited decision in the class action case Brinker v. Superior Court (Hohnbaum), S166350, in which a class of approximately 60,000 restaurant employees alleged their employer failed to provide meal and rest periods as required under California law. Class action litigation has increased exponentially in California, with meal… Continue Reading

California Supreme Court Says Equipment Manufacturers Not Liable For Injuries Caused By Asbestos-Containing Replacement Parts

Posted in Asbestos Litigation, California Courts, Litigation Trends, Products Liability

Co-authored by Brian Gross  After years of inconsistent rulings in the trial and appellate courts, the California Supreme Court recently decided the issue of whether plaintiffs in asbestos litigation may pursue claims against equipment manufacturers for injuries caused by asbestos-containing replacement component parts they neither manufactured nor supplied. For the reasons below, the Court expressly rejected this theory of liability and affirmed judgment in… Continue Reading