Decedent brought an action against a cigarette manufacturer seeking damages for lung cancer, but died while the verdict was on appeal. In the present case, decedent’s son brought a wrongful death action against the tobacco company for his father’s death and received $12.8 million for loss of consortium. On appeal, the tobacco company contended the trial […]
Fees For Prevailing In Petition To Compel Arbitration In Dispute Between Lawyers And Client Must Wait To See Who Prevails In The Arbitration.
Plaintiffs brought an action against their former lawyers after the lawyers “settled several prior lawsuits brought on their behalf and did not allocate a sufficient amount of the settlement funds to the costs of suit, making plaintiffs liable to the former attorneys for costs that were actually recovered as part of the settlements.” The lawyers petitioned […]
Enforcement Of Foreign Money Judgment Against A Church Is Not Repugnant To Free Exercise Clause Or Public Policy.
A church in Japan, which is a registered California religious corporation, as well as a man in Japan, who is a resident of Los Angeles, was sued by a Japanese woman in Japan after “they had tortuously induced her to transfer nearly all of her assets to the Church.” The Japanese courts awarded her a $1.2 […]
Plea Agreement In Criminal Case Analyzed Under Contract Law.
In 1991, defendant entered a plea agreement in a case charging six lewd and lascivious acts upon a child under the age of 14. He pled nolo contendere to a single count in exchange for dismissal of the other counts. The written plea form, which he signed, recited that the maximum penalties for his conviction would […]
Geographic Information System (GIS)-Formatted Databases Are Public Records & Must Be Produced Upon Request At The Actual Cost Of Duplication.
The California Supreme Court’s opinion’s first paragraph speaks for itself: “Like many counties in California, Orange County (the County) maintains a large database of information about land parcels in a geographic information system (GIS) file format. With this database, called the OC Landbase, a user with appropriate software can create a layered digital map containing information […]
Clash Of Publicly-Funded Health Clinics With California’s Budget Woes.
In 2009, California passed Welfare and Institutions Code section 14131.10, as a cost-cutting measure. The statute eliminated certain Medi-Cal benefits that the state deemed optional, including adult dental, podiatry, optometry and chiropractic Health Clinic services, and discontinued reimbursement for those Health Clinic services. The Ninth Circuit stated: “We hold that Medicaid prohibits the limitations adopted by the California legislature.” California Association […]
Order Sanctioning And Disqualifying A Law Firm Reversed.
ppotentially conflicted and concluded the law firm could not jointly represent the company and the nonmember individual against the company’s minority members. The court based it ruling on rule 3-310(C) of the State Bar Rules of Professional Conduct and Gong v. RFG Oil, Inc. (2008) 166 Cal.App.4th 209, [82 Cal.Rptr.3d 416]. The appellate court reversed, […]
Sanctions Reversed & Vince Lombardi Approach To Litigation Rejected.
This is the first paragraph of the opinion: “Sanctions are a judge’s last resort. At bottom, they are an admission of failure. When judges resort to sanctions, it means we have failed to adequately communicate to counsel what we believe the law requires, failed to impress counsel with the seriousness of our requirements, and failed even […]
Public Utilities Commission ( PUC ) Denies Partnership An Offset For Income Tax Purposes.
A company formed as a partnership which operates oil pipelines challenged ratesetting orders of the Public Utilities Commission [PUC]. The PUC decided the company is not entitled to an offset for income tax purposes. The company argued the PUC erroneously denied it a federal income tax allowance because it is a limited partnership instead of a […]
DOMA Found Unconstitutional By High Court.
Two New York women were lawfully married in Canada in 2007. One of them died in 2009, leaving her entire estate to the survivor who sought to claim the estate tax exemption for surviving spouses. The Defense of Marriage Act [28 U.S.C. § 1738C ; DOMA] barred her from succeeding on her exemption claim. § 3 […]
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