James Regan

James Regan

Low, Ball & Lynch

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Latest Publications


Employment Discrimination: Hostile Work Environments, Disparate Treatment and Retaliation

Hostile work environments require both prompt and effective responses from employers. Efrain Reynaga v. Roseburg Forest Products - Court of Appeals, Ninth Circuit (January 26, 2017) - Courts have long...more

2/10/2017 - Disparate Treatment Hostile Environment Race Discrimination Remand Retaliation Title VII Vicarious Liability

Contractual Indemnification

Aluma Systems Concrete Construction of California v. Nibbi Bros. Inc., et al. - Court of Appeal, First Appellate District (August 16, 2016) - This case considered the applicability of a contract’s indemnification...more

9/16/2016 - Construction Contracts Construction Project Defense Strategies Duty to Defend Indemnification Workplace Injury

C.C.P. § 998 Offers – Invalid When Settlement Agreements Required

Charles Steven Sanford v. Jacy Leann Rasnick, et. al. - Court of Appeal, First Appellate District (April 25, 2016) - The effect of a valid Code of Civil Procedure section 998 offer that is not accepted is to...more

5/20/2016 - Bodily Injury Cal Code of Civil Procedure Car Accident Fee-Shifting Section 998 Settlement Agreements

Construction Defect – Pre-Litigation Procedures of the “Right to Repair Act”

McMillin Albany LLC, et al. v. The Superior Court of Kern County - California Court of Appeal, Fifth Appellate District (August 26, 2015) - Civil Code section 896 (§ 896) is part of a statutory scheme commonly...more

10/5/2015 - Appeals Building Codes Construction Defects Construction Industry Contractors General Contractors Right to Repair Strict Liability

Real Property – Court’s Power to Issue Equitable Easements

Lilli Shoen v. Juliet Zacarias - Court of Appeal, Second Appellate District (May 22, 2015) - A trial court has the power to issue an equitable easement authorizing a trespasser to continue her trespass in...more

6/19/2015 - Appeals Easements Equitable Easements Property Owners Trespass Undue Hardship

Torts – Standard for Elder Abuse v. Professional Negligence

Gregory Worsham v. O’Connor Hospital, et. al. - Court of Appeal, Sixth District (May 20, 2014) - The Elder Abuse Act (“Act”) does not apply to simple or gross negligence by health care providers. This case...more

7/7/2014 - Elder Abuse Hospitals Physicians Professional Liability Professional Negligence

Weekly Law Resume - June 27, 2013: Duty of Care – Vendor’s Duty to Third Parties

Anthony Pedeferri, et. al. v. Seidner Enterprises, et. al. - Court of Appeal, Second District (May 15, 2013) - Does a commercial vendor owe a duty of care to persons on or near the roadway who are injured as a...more

7/8/2013 - Directed Verdicts Duty of Care Jury Verdicts Negligence Third-Party Vendors

Weekly Law Resume - April 4, 2013: Civil Procedure – Peremptory Challenge Under CCP §170.6

Entente Design, Inc., et al. v. Superior Court of San Diego County. Court of Appeal, Fourth District (March 12, 2013) Where a party believes that it cannot get a fair and impartial hearing or trial from the judge,...more


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