Michael Walsh

Michael Walsh

Sedgwick LLP

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The Future is Here - Is the Internet a Place?

The California Supreme Court has certified a question for review posed by the Ninth Circuit – Is the internet a “place of public accommodation” as described in the California Disabled Persons Act (“DPA”), Civil Code §§ 54, et...more

4/7/2014 - Disability Disability Discrimination Internet

California Supreme Court to Tackle Labor and Insurance Issues

The California Supreme Court has five civil cases scheduled for its April calendar, each addressing important questions of labor and insurance law. ...more

3/31/2014 - Advertising AT&T Mobility v Concepcion Class Action Employer Liability Issues Life Insurance Putative Class Actions SCOTUS

Party Hosts (and Their Insurers) Beware - An Entry Fee to Cover Costs May Expose You to Liability

Trying to have a party on a budget, albeit an underage party with alcohol, the host required a cover charge to help cover the costs of the party. Both the trial court and the Court of Appeal agreed that this was not a sale of...more

3/25/2014 - Fees Insurers Premises Liability Wine & Alcohol

California Confirms Preemption by FAA Over State Rule Barring Employee Waiver - Mostly

In Sonic-Calabasas A, Inc. v. Moreno (Sonic II), the California Supreme Court addressed an employee’s waiver of access to an administrative hearing, in this case a Berman hearing, in an arbitration agreement imposed as a...more

10/29/2013 - American Express v Italian Colors Restaurant Arbitration Arbitration Agreements AT&T Mobility v Concepcion Federal Arbitration Act Preemption SCOTUS Waivers

The California Supreme Court Confirms The Power Of Local Governments To Regulate Medical Marijuana.

Few issues have sparked so much debate in so many local governments then how to regulate the medical marijuana industry. Proponents have filed numerous challenges to various attempts by cities and counties, but now the legal,...more

5/14/2013 - Dispensaries Local Ordinance Medical Marijuana Municipalities

California Supreme Court To Tackle Arbitration, Foreclosures and Peer Review in Upcoming Oral Arguments

In addition to the more typical criminal issues, the oral arguments scheduled for April 3 and 4 in L.A. will also address when to compel arbitration, foreclosure sales and hospital peer review....more

4/2/2013 - Arbitration Arbitration Agreements Foreclosure Furloughs Hospitals Peer Review Wage and Hour

Don't Panic - The Fall of Pendergrass and Restoring the Full Fraud Exception to the Parol Evidence Rule May Not Be as Bad as You...

In Riverisland Cold Storage, Inc., v. Fresno-Madera Prod. Credit Ass., S190581, the unanimous California Supreme Court recently overturned the widely criticized Pendergrass rule, thus restoring the full breadth of the fraud...more

2/27/2013 - Bank of America v Pendergrass Borrowers Fraud Fraud Exception Lenders Parol Evidence Promissory Fraud Riverisland Summary Judgment Written Agreements

Primary Assumption of the Risk - 20 Years Later, Nalwa Confirms the Vitality and Breadth of Knight.

Implicitly marking the 20th anniversary of its seminal decision in Knight v. Jewett, which established the doctrine of primary assumption of the risk, the California Supreme Court confirmed both the continuing vitality and...more

1/15/2013 - Assumption of the Risk Negligence Negligence Per Se Sports

Business and Commercial Issues Will Dominate the Upcoming Calendar of California Supreme Court

On December 4, 2012, the California Supreme Court is scheduled to hold oral arguments in Los Angeles on six matters, five of which are civil matters addressing a variety of business and commercial issues. Presumably these...more

11/27/2012

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