Plaintiff brought an action under the California Fair Employment and Housing Act [Government Code section 12900; FEHA] alleging she was disabled due to a high risk pregnancy. Her employer granted her all permissible leave available under the Pregnancy Disability Leave Act [Government Code section 12945; PDLL], then terminated her employment when she failed to report for […]
Insufficient Evidence In Support Of Motion To Amend To Seek Punitive Damages Against Hospital.
A hospital was allegedly negligent with regard to two surgeries performed on a patient. Plaintiff filed a motion to amend to seek punitive damages, alleging three new causes of action: Violation of Health and Safety Code section 24170 [the Protection of Human Subjects in Medical Experimentation Act]; fraud; and negligence per se. Evidence submitted in support […]
No Unfettered Right To Cultivate Marijuana.
Plaintiffs are a group of individuals who use marijuana for medical purposes. They petitioned the superior court to rescind a county ordinance which declares it a nuisance to cultivate more than a certain number of plants depending on the size of the premises. The Ordinance also declares it a nuisance to cultivate marijuana within 1000 feet […]
Primary Assumption Of The Risk In Caring For Alzheimer’s Patient.
A man contracted with a home care agency to provide care for his wife who suffers from Alzheimer’s disease. The wife injured the caregiver, and the caregiver brought an action against the husband and wife for negligence and premise liability. The trial court granted summary judgment to the husband and wife, and the appellate court […]
No Injunction To Forestall Employer From Providing Obamacare Preventive Services To Women.
An arts and craft Christian retail chainstore with 13,000 employees in 500 stores nationwide petitioned for an injunction, against the implementation of Obamacare, pending appellate review of its claim under the Free Exercise Clause of the First Amendment and the Religious Freedom Restoration Act of 1993 [42 U.S.C. § 2000bb]. The employees receive health insurance […]
Goodbye Collateral Source Rule.
The California Supreme Court stated the collateral source rule, as outlined in Helfend v. Southern Cal. Rapid Transit District (1970) 2 Cal.3d 1, [465 P.2d 61; 84 Cal.Rptr. 173] has no bearing on amounts that were included in a medical provider’s bill for which a plaintiff never incurred liability because the provider, by prior agreement, […]
Government Tort Claim Delivery Requirement Strictly Construed.
After being damaged by medical negligence at a county hospital, plaintiff’s lawyer gave written notice under Code of Civil Procedure section 364, that a suit for personal injuries would be filed. Counsel personally delivered copies of the letter to the hospital’s administration and requested that it be forwarded to the hospital’s insurance carrier. It is […]
Patient May Pursue Doctor For More Than Malpractice.
Trial judge granted doctor summary judgment for alleged medical malpractice, but, denied summary judgment for a negligent maintenance claim after a laser machine emitted “a loud booming sound” that resulted in hearing loss. The California Supreme Court’s decision in Flowers v. Torrance Memorial Hospital (1994) 8 Cal.4th 992, [884 P.2d 142; 35 Cal.Rptr.2d 685] does […]
In Good Times And In Bad Times.
A union brought action against a city, alleging the city retracted its promise to pay 50 percent of its employees’ medical insurance premiums after retirement. The trial court sustained a demurrer without leave to amend the petition for writ of mandate. Applying the California Supreme Court’s 2011 opinion in Retired Employees Assn. of Orange County […]
Claim Against Drug Company Dismissed.
One-year-old died after receiving his vaccine shot. His parents received $250,000 compensation from a government fund, and then brought action against the manufacturer of the vaccine. The federal district court dismissed the action on a motion for summary judgment, finding the claim was foreclosed by the National Childhood Vaccine Injury Act [42 U.S.C. § 300aa-22]. […]
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