The surgeon tore a glove while performing a hysterectomy and prescribed an antibiotic to avoid infection. Within days, she developed vomiting and diarrhea. At a clinic, she was given IV fluids, but the diarrhea was non-stop. She was hospitalized and went into shock and a diagnosis of pseudomembranous colitis, a severe inflammation of the colon, as a […]
This One Goes Into Arbitration, Even The Request For An Injunction.
Plaintiffs allege a for-profit school misled prospective students in order to entice enrollment by misrepresenting the quality of education, its accreditation, the career prospects for its graduates and the actual cost of education. In their action, plaintiffs pray for both damages and injunctive relief. Pursuant to the school’s petition, based upon arbitration agreements contained in its […]
No Authority To Sign Here Either. And BTW Who’s Looking After Mom?
An 88 year old woman patient in a skilled nursing facility was hospitalized after a stroke. She woke up one night with her catheter removed, her call button unplugged, her gown off, an unknown male assistant looking down on her naked body and saying to her “This is why I love my job.” The woman […]
The Feres Doctrine Strikes Again.
The doctor of a pregnant servicewoman created a pregnancy profile for her, which imposed a number of restrictions on her activities such as “not carry and fire weapons, move with ‘fighting loads,’ engage in heavy lifting or physical training testing, or run/walk long distances.” Her supervisors ignored her pregnancy profile. She underwent an emergency procedure in […]
Demand Futility In A Shareholder Derivative Action Not Adequately Alleged.
Plaintiff filed a shareholder derivative action against officers and directors of a publicly traded company incorporated in Delaware. The trial court sustained his demurrer without leave to amend for failure to allege facts to allege demand futility with the particularity required by Delaware law. The appellate court affirmed, stating that “plaintiff failed to plead particularized facts […]
Statement Of Decision When Ruling Was By Piecemeal.
After a jury returned a complicated special verdict, the court heard argument on the equitable causes of action. After announcing the decision, the trial court stated that it did not intend its ruling to be final until it had made a decision on the issue of interest. A few months later, the court made a decision […]
Foiled Again By The Federal Arbitration Act!
Labor Code sections 98 through 98.8, provide an administrative statutory scheme for an employee to seek relief from the Labor Commissioner for a wage dispute. This method of dispute resolution is called a Berman hearing. In Sonic-Calabasas A, Inc. v. Moreno (2011) 51 Cal.4th 659, [247 P.3d 130; 121 Cal.Rptr.3d 58] (Sonic I), the California Supreme Court […]
Case Of Guantanamo Bay Detainee Dismissed.
Plaintiff, a citizen of Sudan, alleged he was detained in Pakistan in 2002 by Pakistani security forces acting under the direction of an unknown American official. He claimed he was transferred to United States Military custody, first at Bagram Airfield in Afghanistan and then at Guantanamo Bay. In 2005, it was determined that, while he was […]
Code of Civil Procedure Section 998 Acceptance.
Plaintiff did not accept a pretrial settlement offer and did not obtain a more favorable judgment at trial. Defendant insurance company appealed from a postjudgment order denying the Code of Civil Procedure section 998, expert witness fees under it incurred in successfully defendant against plaintiff’s claims. The trial court denied the fees because the offer did not comply […]
No More City Of Bell Wringing.
A former City Of Bell manager was prosecuted by the Attorney General and sued civilly for wasting City Of Bell funds. When requested by the former manager, the City Of Bell declined to provide the man with a defense. The former city manager brought an action against the City Of Bell for declaratory relief asking the court for a declaration […]
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