Class action plaintiff alleges a public entity operating a recreational park violates the Vehicle Code by issuing traffic citations based upon video camera images of a license plate, but not of the driver of a car in the park. An ordinance authorizes the entity to use “automated” photographic or video equipment to enforce another ordinance […]
Complex Scientific Causation Testimony.
Defendant is a pharmaceutical company and plaintiffs are persons who ingested a drug manufactured by defendant who allege they suffered from bladder cancer as a result of taking the drug for diabetes. At trial, plaintiffs’ expert testified that based on his performance of a differential diagnosis, he believed the drug was a substantial factor in […]
Mixed Issues Of Equity And Law.
When a case involves mixed issues of , a trial court may not act as a factfinder on issues it specifically reserves for jury determination. In this case, in granting a JNOV, the trial court “improperly transformed its equitable finding of unenforceability as to specific performance into a finding of unenforceability as to the legal […]
$32,500,000 Punitive Damages Award Reversed.
Plaintiffs are the survivors and the estate of a decedent who suffered from mesothelioma as a result of his exposure to asbestos. The jury awarded various amounts to the survivors and the estate, and also awarded the estate $32,500,000 in punitive damages. With regard to the testimony about defendant Borg-Warner Morse TEC INC’s [BWMT] financial […]
Counsel Should Not Have Been Disqualified For Apparent Conflict.
A lawyer departing from a law firm sued both the firm and a partner in the firm. Both the partner and the firm are represented by the same counsel, and the trial court disqualified that counsel, holding there was a nonwaivable actual conflict. The court concluded the conflict existed because the departing lawyer is a […]
Interesting Costs Discussion In Excessive Force Case.
In an excessive force wrongful death action against police officers, a jury found that two of the three officers did not use excessive force and the third did use excessive force, but, that force was not a substantial factor in causing the death. The court entered judgment in favor of defendants and awarded defendants costs […]
Employer Can’t Have It Both Ways Independent Contractors.
Defendant’s business arranges for transportation of cargo from the Long Beach and Los Angeles ports to warehouses, and plaintiffs are truck drivers. Prior to implementation of a clean air program at the ports in 2008, truck drivers generally owned their own trucks and worked as independent contractors. After the clean air program was implemented, older […]
The Morning-After Pill.
A Commission in the State of Washington regulates the practice of pharmacy. Violation of the Commission’s rules constitutes grounds for revocation of a pharmacy license. The rules require a pharmacist to deliver lawfully prescribed drugs or devices to patients, and a pharmacy objecting to the rules may not refer a patient to another pharmacy. The […]
Extrinsic Evidence Considered In Motion To Quash.
In an unlawful detainer action in which the defendant filed a motion to quash contending she was not properly served with the three-day notice to pay rent or quit in a manner prescribed by law. She included evidence the notice was left on the ground in an unmarked envelope on the side of her apartment […]
Out-Of-State Pro Hac Vice Class Action Lawyer Denied Fees.
In a class action involving a retailer’s practice of requesting personal information from consumers during credit card transactions, the settlement agreement between the parties provided the retailer would not oppose class counsel’s application for court approval of attorney fees and costs in the amount of $210,000 and payment to plaintiff of an incentive award in […]
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