The Class Action Fairness Act [CAFA; 28 U.S.C. § 1332(d); Pub. L. No. 109-2, 119 Stat.4 (2005)] authorizes the removal to federal court of “mass actions,” in which “monetary relief claims of 100 or more persons are proposed to be tried jointly on the ground that the plaintiffs’ claims involve common questions of law or […]
$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 […]
Unconscionability Findings In Arbitration Agreements Still Possible In Other Than Class Action Waivers.
When the named plaintiff in a class action against a holding company purchased a car, he signed an arbitration agreement which contained a class action waiver. The trial court denied the defendant’s motion to compel arbitration, finding the class waiver unenforceable on the ground the California Legal Remedies Act [CLRA; Civil Code sections 1750-1784] declares the […]
Question Of Fact In Age Discrimination Case.
Plaintiff is a border patrol agent within the Department of Homeland Security who at 54 was the oldest of the 24 persons who applied for one of four open positions within the agency. The four persons selected ranged from 44 to 48 years old. He sued for age discrimination, and the agency moved for summary […]
I Know What You’re Watching: Federal Video Privacy Protection Act.
When Netflix subscribers, family members, friends or guests of a Netflix subscriber log onto the subscriber’s account, the viewing history of each is available. The federal Video Privacy Protection Act [VPPA; 18 U.S.C. 2710] was enacted in 1988 in response to a newspaper’s publication of U.S. Supreme Court nominee Robert Bork’s video rental history. The […]
Copyright Infringement.
Plaintiff is a stock photography company that serves as a licensing agent for dozens of photographers, authorizing third parties to use copyrighted photographs. Plaintiff brought an action against a textbook publisher it claims exceeded its license by publishing more books than permitted under the license. The trial court ruled that plaintiff, as a licensing agent, […]
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 […]
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