Plaintiff hired a contractor to design and build a residence, and later brought an action against the contractor for breach of contract and several other causes of action. The contractor tendered its defense to its insurance company, which company appointed counsel and defended subject to a reservation of rights. The insurer filed a separate declaratory relief […]
Generic Drug Manufacturer Stays In The Case.
Plaintiff brought an action against the manufacturers of a brand-name drug as well as its generic equivalent. The generic drug company demurred, citing PLIVA, Inc. v. Mensing (2011) 131 S.Ct. 2567, [180 L.Ed.2d 580], in which the United States Supreme Court held that claims a generic drug manufacturer should have included stronger warning labels than those […]
GPS: What’s A Hardworking Robber To Do In This Electronic Age?
A victim of a robbery had a smart phone in her stolen handbag. The police located the phone at a particular intersection by “pinging” the phone’s GPS system, which the victim and owner of the cell phone authorized the police to do. Defendant was arrested within 45 minutes of the robbery. He challenged the legality of […]
Riverisland Parol Evidence Holding Applied.
The parties entered into a restaurant lease agreement which contained an integration clause. When they did a walk-through, the lessor told the lessee “if anything was not working, he would fix it,” according to the lessee. There were significant problems with the equipment and plumbing and the restaurant closed after several months. The parties sued each […]
Under The Hospital Lien Act, Hospital Failed To Meet Its Burden Of Proof In Order To Collect On Its Lien.
Plaintiff suffered serious injuries in an accident and was taken to a hospital where he received treatment for seven days, incurring $34,320.86 in bills which he did not pay. A jury awarded plaintiff $356,587.92. Shortly after the verdict, a collection agency acting on behalf of the hospital sent the third party’s insurance company a lien under […]
Error To Grant New Trial In Lemon Law Case.
In a lemon law action, the trial court denied the truck manufacturer’s motion in limine to exclude evidence of a repair done after the expiration of the warranty. A jury awarded plaintiff restitution value for the vehicle, and the trial court granted a new trial after concluding it erred in denying the motion in limine. The […]
DNA Not Patent Eligible.
Under the Patent Act [35 USC § 101], patents may be issued to whoever invests or discovers any new and useful composition of matter. The United States Supreme Court held that a naturally occurring DNA segment is a product of nature and is not patent eligible. But a synthetically created strand of DNA called cDNA is […]
Surety Is Called To Answer For Its Guaranty.
A 2007 surety specifically excluded an asset from a continuing guaranty; the asset was a personal residence. The residence was sold in 2011 and the proceeds from the sale were held in a separate account. When the senior lender foreclosed in 2012, the surety failed to make good on his guaranty. The trial court denied […]
Two Successive Offers To Compromise Pursuant To Code of Civil Procedure Section 998.
The California Supreme Court considered whether a later Offer To Compromise made under Code of Civil Procedure section 998, extinguishes a previous Offer To Compromise for purposes of that section’s cost-shifting provisions. The court concluded “that where, as here, a plaintiff makes two successive statutory Offers To Compromise, and the defendant fails to obtain a judgment more favorable […]
Mistake Of Arbitrator Not Enough To Invoke § 10 (a)(4) Of Federal Arbitration Act.
A medical doctor entered into a contract with a health plan. The doctor agreed to provide medical care to members of the health plan and the health plan agreed to pay the doctor. The doctor filed a class action in New Jersey alleging the health plan failed to make full and prompt payment to the doctors. […]
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