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Weekly Law Resume - May 9, 2013: A Single Statutory Settlement Offer Made to Multiple Plaintiffs in a Wrongful Death Suit is Valid

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

White Paper: The Other Shoe Drops – Corenbaum Answers Questions Raised by Howell

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

When is Late Too Late?

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

Asbestos Alert: Supreme Court Clarifies When Dissolved Corporations May Be Sued Greb v Diamond International Corp...

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

Seagulls on the Water?¹ Has California Supreme Court Indicated A Major Change in Direction for the Admissibility of Expert Opinion...

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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