In 1989, plaintiff contracted spinal meningitis, resulting in the amputation of both hands at the wrists and both legs below the knees and was fitted for prostheses which were covered under her father’s insurance plan. Able to live independently with the prostheses, she was later covered under her employer’s medical insurance plan. In 2009, her […]
Design Professionals’ Duty Of Care Extends To Future Residential Purchasers.
A homeowners association brought an action for construction defects which made the homes unsafe and uninhabitable. Two of the defendants are architectural firms which allegedly designed the homes in a negligent manner but did not make the final decisions regarding how the homes would be built. When the case reached the California Supreme Court on […]
Non-Disclosure Agreement: Whoever Keeps His Mouth And His Tongue Keeps Himself Out Of Trouble. Proverbs 21:23.
An inventor of a memory chip design brought an action against defendants alleging misappropriation of trade secrets, unfair competition, breach of contract and related causes of action, but the amended and operative pleading was only for breach of contract. A jury found the defendant breached the non-disclosure agreement signed at the outset of negotiations and […]
Denial Of Arbitration In Class Action Against DIRECTV.
Plaintiff brought a class action lawsuit against DIRECTV. The trial judge denied defendant’s petition to compel arbitration. The relevant arbitration provision is contained in section 9 of DIRECTV’s 2007 customer agreement. Section 9 provides that “any legal or equitable claim relating to this Agreement, any addendum, or your Service” will first be addressed through an […]
It Would Be Wise To Perform Under A Transfer Disclosure Statement [TDS] Yourself If You Want To Sue Under A Contract.
This case involves “mixed use” property, or property improved for both residential and commercial buildings. Plaintiff is the seller, who sued the buyer for breach of a real estate purchase agreement. The trial court granted summary judgment in favor of the buyer because the seller, as a matter of law, was required to deliver a […]
No Intentional Interference With Prospective Economic Advantage.
A beer importer disapproved of an agreement whereby one of its distributors agreed to sell its beer distributorship to another distributor. When the importer, pursuant to its contractual right, disapproved of the sale, the beer distributorship was sold to another distributor. The scorned distributor brought an action against the importer for intentional and negligent interference with […]
Delegated Obligation: The Law Says E.R. Doctors Have To Treat Patients, And The Doctors Want To Get Paid.
The law imposes a duty on emergency room physicians to treat patients regardless of their ability to pay. When those patients are enrollees in health care service plans (HMOs), the law imposes an obligation on the HMOs to reimburse the physicians for emergency treatment provided to the enrollees, even when the physicians were not under contract to […]
Eliminating Credit Card Fees Nice Try!
A class of credit cardholders brought an action challenging fees, analogizing credit card fees to punitive damages imposed in the tort context, and arguing they were subject to the substantive due process analysis described in BMW of North America, Inc. v. Gore (1996) 517 U.S. 559, [116 S.Ct. 1589, 134 L.Ed.2d 809]. The Ninth Circuit concluded […]
Homeowners Association Must Accept Partial Payments.
A homeowners association notified a homeowner of a $3,864.96 delinquency. Two weeks later, a lawsuit against the homeowner was authorized. During the following months, the sides reached an agreement regarding a payment plan, although the homeowner never signed the agreement. The homeowner did, however, make three payments totaling $3,500, although the monthly payments of $188 were […]
Intentional Interference Or “Never Attempt To Win By Force What Can Be Won By Deception.” Niccolo Machiavelli.
A Japanese corporation developed a drug to treat pulmonary arterial hypertension [PAH]. The company entered an agreement/license with a California-based company to develop and commercialize its drug in North America and Europe. Meanwhile, a Swiss corporation acquired the California-based company. BTW, did I mention the Swiss company also markets a drug to treat PAH? Once it […]
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