COVID-19 has wrought havoc on businesses and supply chains as organizations worldwide have slowed to a halt. With everyone staying indoors to stop the spread of the virus, many businesses have been left without customers to sell to and means to operate—or means to follow through on business agreements. This worldwide crisis is widespread, unforeseen, […]
Law Partner Added As A Judgment Debtor After Multi-Million-Dollar Verdict Against Firm.
After practicing law together for 14 years, two lawyers parted. One of the lawyers sued the other as well as their former firm. The issue, of course, was money. The trial court granted a directed verdict in favor of the individual lawyer defendant. A jury returned a multi-million-dollar verdict. Thereafter, the plaintiff filed a motion to […]
Class Action Against Company Over Pension Plan To Go Forward.
After the value of a manufacturing company’s common stock fell, plaintiffs filed a class action under the Employee Retirement Income Security Act [ERISA; 29 U.S.C. § 18] against the company and its board of directors, alleging defendants breached their fiduciary duty under ERISA. The federal district court dismissed the company on the ground it was […]
Previously We Reported: No Common Law Duty For Businesses To Have Defibrillators Available.
A woman suffered a cardiac arrest while shopping at Target. Paramedics took several minutes to arrive and then maneuver through the store, and were unable to revive the woman. The woman’s family filed an action in state court, and Target removed it to federal court. The suit contends that Target breached the duty of care […]
Another Creative Declaratory Relief Action…This One Concerning Who Makes A Decision, The Court Or The Arbitrator.
An employee filed a wage and hour claim. His employer filed a declaratory relief action alleging its arbitration with the employee required the employee’s wage and hour claims to be arbitrated on an individual basis rather than classwide. The employee petitioned the trial court to order the employer to submit its declaratory relief claims to […]
New Trial Ordered In Breach Of Fiduciary Duty Action; Limited To Remedies Only.
Preferred shareholders in a now-dissolved software company brought action against the company’s chief financial and chief executive officers, contending they colluded to secure a preferential sale of the company’s assets to another company, thus violating their fiduciary duties. The court, after a bench trial, concluded the two had committed a breach of fiduciary duty, but […]
Massage Therapist Not Entitled To A Defense For Sexual Assault.
A massage therapist was sued by a client who contended he committed a sexual assault against her during a massage. The therapist contended an insurance company owed him a duty to defend the action because he was either a partner or an employee of the insured and the alleged assault occurred in the scope of […]
Lack Of Capacity Of Limited Partnership & Corporation.
In a California Environmental Quality Act [CEQA] case, plaintiffs, a limited partnership and two corporations voluntarily dismissed the action on May 9, 2013. The trial court awarded the defendant $37,528.14 in costs for preparation of the administrative record. On the appeal of the court’s order to pay costs, there was a motion to dismiss the […]
Previously we reported: No Jurisdiction In California. Recent ruling by California Court of Appeal on similar issue:
Plaintiffs are 22 residents of Argentina who brought an action in federal court in California against a German manufacturer, claiming the company “collaborated with state security forces during Argentina’s 1976-1983 ‘Dirty War to kidnap, detain, torture, and kill certain [Mercedes-Benz Argentina] workers.” Plaintiffs pled claims under the Alien Tort Statute [28 U.S.C. § 1350] and […]
Yelp Cannot Misrepresent Its Filtering Methods.
Yelp operates a website that serves as a free social media website and search engine, available to the public at no charge. Users who register may post reviews about local businesses, and can rate a business using a star rating of one to five stars, with five stars being the highest rating. Yelp constantly battles […]
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