Karen L. Moore

Karen L. Moore

Low, Ball & Lynch

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Latest Publications


Jury Must Decide Whether Facts Exist to Suspend the Accrual of the Statute of Limitations Under The Discovery Rule

Ismael Rosas v. BASF Corporation, et al. - Court of Appeal, Second Appellate District, Division Five (May 21, 2015) - he general rule regarding statutes of limitation is that they do not begin to run until a cause...more

7/20/2015 - Appeals Cause of Action Accrual Discovery Rule Manufacturers Statute of Limitations Toxic Exposure Workplace Injury

Motor Carriers Are Liable For Injuries to Drivers of Leased Vehicles Who Are Classified As Independent Contractors

Jose Vargas v. FMI, Inc. et al. - In Vargas, California’s Second Appellate District held that the Privette doctrine does not shield a motor carrier operating under a federal franchise from liability for tort injuries...more

4/13/2015 - Commercial Truck Drivers FMCSA Independent Contractors Liability Insurance Motor Carriers Trucking Accident Trucking Industry

“California’s Right To Repair Act Is Not A Homeowner’s Exclusive Remedy When Construction Defects Cause Actual Property Damage.”

The California Court of Appeals recently issued two decisions holding that California’s Right to Repair Act (“SB 800”) is not the exclusive remedy for a homeowner seeking damages for construction defects that have also...more

8/19/2014 - Construction Defects Construction Disputes Property Damage Property Insurance Repairs Right to Repair

Evidence – Expert Witness Testimony – Grounds for Exclusion

City of Pomona v. SQM North America Corporation - Court Of Appeals, Ninth Circuit Nos. 12-55147, 12-55193 (May 2, 2014) - Under Federal Rule of Evidence (“FRE”) 702, expert witness testimony must meet certain...more

7/8/2014 - Appeals Daubert Standards Evidence Expert Testimony Expert Witness

Weekly Law Resume - The Sophisticated User Defense Does Not Automatically Apply to an Employee of a Sophisticated Employer

Anne Pfeifer v. John Crane, Inc. - Court of Appeal, Second Appellate District, Division Four (October 29, 2013) - JCI appealed from a judgment awarding plaintiffs William and Anne Pfeifer over $21 million dollars in...more

1/15/2014 - Asbestos Loss of Consortium Mesothelioma Negligence Sophisticated User Doctrine Strict Liability Veterans

Weekly Law Resume - October 2013: Torts–Vicarious Liability–Special Errand Exception to “Going and Coming” Rule

Nadja Rayii v. Melvin Ovidio Gatica, et al. - Court of Appeal, Second Appellate District, Division Three (July 24, 2013) - The “going and coming” rule generally exempts employers from liability for wrongful acts...more

10/21/2013 - Employer Liability Issues Going and Coming Rule Liability Vicarious Liability

Weekly Law Resume - August 15, 2013: A Homeowner’s Lawyer May Not Attend HOA Meetings Without HOA Approval

SB Liberty, LLC v. Isla Verde Association, Inc. - Court of Appeal, Fourth Appellate District, Division One (May 22, 2013) - In 2006, Gregg and Janet Short purchased a home in the Isla Verde residential community...more

8/21/2013 - HOA Legal Representatives

Weekly Law Resume - May 23, 2013: Insurers May Exercise the Attorney-Client Privilege On Behalf of Dissolved Corporate Insured

Mary Melendrez et al., v. Superior Court of the State of California, County of Los Angeles - COURT OF APPEAL, SECOND APPELLATE DISTRICT (April 30, 2013) - Petitioners and Plaintiffs Mary Melendrez, individually and...more

6/10/2013 - Attorney-Client Privilege Corporate Dissolution Insureds Insurers Request for Admissions

Weekly Law Resume - March 14, 2013: A Personal Injury Claim Involving Negligent Failure to Maintain and Inspect Hospital Equipment...

Catherine Flores v. Presbyterian Intercommunity Hospital Court of Appeal, Second District (February 27, 2013) Plaintiff Catherine Flores (“Flores”) was a patient at Presbyterian Intercommunity Hospital. On March 5,...more

3/25/2013 - Failure To Maintain Healthcare Professionals Medical Devices MICRA Negligence Safety Precautions Statute of Limitations

Weekly Law Resume - December 6, 2012: Employer May Not Deny Reinstatement of An Employee on CFRA Leave Based On “Honest Belief”...

Avery Richey v. AutoNation, Inc. et al. Court of Appeal, Second District (November 13, 2012) This case discusses an employer’s burden of proof to set forth a legitimate reason for denying reinstatement to an employee...more

12/12/2012 - Arbitration Agreements CFRA FMLA Honest Belief Defense

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