A jury awarded $30 million in compensatory damages and $18 million in punitive damages against Union Carbide in an asbestos/mesothelioma case. The trial court issued a remittitur, reducing the compensatory damages to $6 million, which plaintiffs accepted. But the trial court declined to reduce the punitive damages. The appellate court concluded the evidence was sufficient […]
“The Remedy Is Worse Than The Transvaginal Disease.” Francis Bacon.
Pelvic organ prolapse occurs when a woman has weak vaginal walls that allow adjoining organs, the uterus, the bladder, and/or the rectum, to drop into the vaginal canal. This condition can cause organ dysfunction, such as incontinence, pelvic pressure and pain. Pelvic organ prolapse can significantly impact a woman’s quality of life and, in severe […]
Employee Fired Because School Mistakenly Thought She Reported School To Licensing Agency.
A preschool mistakenly believed one of its employees contacted the state licensing agency regarding conditions at the preschool and the employee was terminated. The employee sued the preschool, and the trial court granted the preschool’s motion for summary judgment because the lawsuit alleged the employee’s termination was contrary to public policy, and that as a […]
Endangered Grizzly Bears.
Between 1800 and 1975, grizzly bear populations fell from estimates of over 50,000 to less than 1,000. In Yellowstone National Park, government helicopters regularly fly over a habitat shared by grizzly bears and bison, for the purpose of preventing bison from contaminating cattle with a disease carried by bison. Concerned about the untoward albeit unintended […]
Read The Policy.
The intoxicated driver who caused the accident which killed a man had insurance coverage of $15,000. The intoxicated driver’s employer had $250,000 coverage. The decedent’s widow collected that $265,000 in a settlement. Thereafter, the widow sought to collect $100,000 in underinsured motorist coverage under a motorcycle insurance policy issued to the decedent and the widow. […]
First Amendment Rights Of Sex Offenders Preserved.
Under California law, sex offenders have long been required to report their address and a current photograph to law enforcement. Apparently to catch up to the 21st century, the Legislature passed a law requiring sex offenders to also report any and all internet identifiers within 24 hours of acquiring such [Californians Against Sexual Exploitation Act; […]
New Child Support Law In California Family Law.
In Jackson v. Jackson (1975) 51 Cal.App.3d 363, [124 Cal.Rptr. 101], the court held that in a marital action, when a couple switched custody, and the children went to live with the father, California law would allow credit to the father for the child support he rendered to the children while they were in his […]
“Any Fool Can Make A Rule, And Any Fool Will Mind It.” Henry David Thoreau.
The parties involved with a foreclosure sale stipulated to the appointment of a temporary judge. Had California Rules of Court [CRC], rule 2.400 (b)(2) been followed by the parties, the result here would likely have been different. That rule requires that a temporary judge or referee must not accept or consider any copy of a […]
Defendants’ Appeal Dismissed After Violation Of Trial Court’s Orders Relating To Transfers Of Money.
After a large judgment in favor of plaintiffs in a fraud action, defendants appealed. The trial court had enjoined defendants and their agents from selling, spending, transferring or dissipating any part of their assets. When plaintiffs learned defendants violated the orders, they filed a motion to dismiss defendants’ appeal under the doctrine of disentitlement, identifying […]
When The Agreement Is Silent On The Issue, Just As It Is With Classwide Claims, Representative Claims Are Inconsistent With Arbitration.
In a classwide wage and hour action, the court granted the defendant employer’s petition to compel arbitration, leaving it up to the arbitrator to decide whether the agreement contemplated classwide and/or representative claims arbitration, or whether only the named plaintiff’s individual claim would be resolved in the arbitration. The employer filed a petition for writ […]
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