Amy Jo McDaniel, et al. v. Loyd Richard Asuncion Court of Appeal, Fifth District (March 27, 2013) California has a statutory settlement procedure (Code of Civil Procedure § 998) by which a party may make a written...more
5/14/2013 - Settlement Wrongful Death
In Howell v Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541 the California Supreme Court decided that a plaintiff’s recovery for past medical expenses is limited to the amount paid for the medical expenses after any...more
5/8/2013 - Collateral Source Rule Compensatory Damages Discounts Healthcare Insurers Medical Expenses Non-Economic Damages
The statute of limitations defense seems simple: when a party has waited too long to bring a claim, the claim is barred by the passage of time prescribed by the Legislature. Complexity arises when the following factors are...more
2/25/2013 - Canon Continuing Violation Theory Continuous Accrual Doctrine Demurrers Statute of Limitations Unfair Competition
Dissolved corporations are frequently sued after their dissolution has taken place in an effort to reach insurance policy coverage for the claim being made. California has a statute, Corporation Code §2010, which does not...more
2/25/2013 - Appeals Asbestos Litigation Foreign Corporations Greb v Diamond International Corp Limitation Periods Post-Dissolution Suits
California courts have generally granted qualified experts wide latitude in permitting their opinion testimony to be heard by a jury. In the recent case of Sargon Enterprises, Inc. v University of Southern California (2012)...more
2/18/2013 - Admissibility Appeals Daubert Ruling Evidence Expert Testimony Kelly-Frye Test Reversible Error Standard of Review
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