An airline pilot’s employment was to be terminated after he had an outburst during simulator training and did not complete the training. Other employees at the airline discussed two prior episodes involving other disgruntled airline persons who lashed out violently, and the other employees reported the pilot’s name to the Transportation Security Administration [TSA], informing TSA […]
Lack Of Legal Duty Not Fatal To Plaintiff’s’ Claim.
Prior to and during a woman’s pregnancy, the baby’s father worked as an engineer for defendant. The baby was born with a number of birth defects, allegedly caused by the father’s exposure to toxic chemicals at defendant’s facility. The trial court granted summary judgment to defendant on plaintiffs’ claims on the ground defendant owed no legal […]
The Evolution Of The Tort Of Conversion.
An employee made several hundred thousand dollars in purchases on his employer’s credit card, and the employer brought an action for conversion. Following a bench trial, the court entered judgment in plaintiff’s favor for $446,447.81. On appeal, the employee/defendant contended that the use of a credit card to obtain money did not constitute the tort of […]
Constructive Discharge In Violation Of Public Policy Claim To Go Forward.
Plaintiff brought an action against his employer for constructive discharge in violation of public policy and intentional infliction of emotional distress [IIED], after his employer, who allegedly required extensive use of plaintiff’s vehicle, refused to reimburse him for mileage. On appeal, plaintiff contended the trial court abused its discretion in sustaining defendant’s demurrer without leave to […]
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 […]
Employers’s Demurrer Overruled On Appeal.
Plaintiffs worked for a company about to be sold. The owners allegedly promised that if plaintiffs would stay on until the sale was complete, they would be paid a bonus sufficient for them to retire. The company sold for $30 million and the promised bonuses were not paid. Plaintiffs brought an action for several causes of […]
Employee Not A Sophisticated User.
A man worked for a few decades for the U.S. government as a boiler technician. Defendant manufactured and sold valves containing asbestos, to which plaintiff was exposed. In 2009, he was diagnosed with mesothelioma. The trial court rejected defendant’s proffered instructions on a “ sophisticated user ” defense, and the jury awarded compensatory and punitive damages. […]
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 […]
California Highway Patrol Not A Special Employer Of Freeway Tow Truck Driver.
A tow truck driver who contracted with a county, part of the California Highway Patrol Freeway Service Patrol [FSP program], collided with a car, injuring the driver and her infant son. The CHP moved for summary judgment in the subsequent lawsuit on the ground it was not the tow truck driver’s special employer and therefore not […]