Betty Bullock smoked cigarettes for 45 years. The jury awarded $850,000 in compensatory damages and later awarded $28 billion in punitive damages. The trial court granted a new trial on the issue of excessive damages with the condition it would deny the motion if plaintiffs consented to reduce the punitive damages to $28 million. Plaintiffs […]
Parol Evidence Admissible & Statute Of Limitations Explained In Real Estate Sales Contract Twist.
Buyer failed to reconvey property to seller after paying off her debts secured by the home in exchange for the return of the purchase price and payment of a service fee as orally promised by buyer. The seller’s broker was supposed to memorialize the terms of the deal into a writing, but the written contract […]
May I Speak With NJweedman.com, Please?
Petitioner, who hails from New Jersey, provides marijuana to the sick from a Rastafarian temple and operates a medical marijuana dispensary in Los Angeles. As a cult figure, he is known as NJweedman and operates a website called NJweedman.com. On the site, he calls upon jurists to acquit him on pending criminal charges. He petitioned […]
Arbitration Provision In Insurance Policy, But Not In Application, Enforceable.
Defendants moved to compel arbitration based on an arbitration provision in the insurance contract between the parties. The trial court denied the motion, ruling that the arbitration provision was unenforceable because it was not disclosed in the application for the policy. The appellate court ruled the case should have been ordered to arbitration as the […]
Privacy Rights Trump Litigation Tactics.
In a wrongful termination case, the plaintiff intended to present statistical information to develop a disparate impact claim. He asked for the names of all employees terminated during a certain period, the department where each worked, the age of each, the reason for each termination, whether severance benefits were offered and, if so, if they […]
Anti-SLAPP Motion Properly Denied.
After the 2003 Southern California wildfires, attorneys represented insureds for both claims and subsequent bad faith cases. After a claim was settled, the attorneys divided the proceeds on a percentage basis among the client, an attorney and a claims handler. The insurance company brought an action alleging a conspiracy whereby the claims handler would obtain […]
Collateral Estoppel/Res Judicata/Waiver Applied When Previous Proceeding Was Administrative.
31-year employee of a water district who delivered water to farmers was involved in an on-duty vehicular accident while driving a district truck. The police report on the accident indicated the employee had consumed alcohol the previous evening. A field sobriety test was performed and police determined he still had alcohol in his system with […]
Filing Of Lis Pendens Privileged.
A family home was foreclosed on pursuant to a forged or fraudulent second deed of trust. The alleged homeowners filed an action to quiet title to the property and recorded a lis pendens. The persons who purchased the property in good faith at a foreclosure sale filed an action for slander of title alleging that […]
Written Employment Agreement With Parent Company Does Not Preclude Implied In Fact Employment Agreement With Subsidiary.
The Federal Deposit Insurance Corporation [FDIC] issued a cease and desist order requiring an employer investment and loan company to replace its senior management and take other measures to improve its lending practices. The next month, plaintiff and the parent company of the employer entered into a written employment contract stating plaintiff would be employed […]
Declaration Sufficient To Survive Summary Judgment.
In granting a summary judgment motion in favor of designers and manufacturers of a prosthetic hip device, the trial judge excluded portions of the plaintiff’s expert declaration opposing the motion after sustaining defendants’ objections on various grounds, including lack of expert qualification, lack of an explanation, or reasoning to support the expert opinion, lack of […]
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