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Judicial Notice Doctrine Bolstered by Court of Appeal Decision

A recent California decision should make it easier for insurers to attack allegations at the pleading stage in state court actions. ...more

5/22/2013 - Insurers Judicial Notice Pleadings

Bratz Litigation Has Provided Fertile Grounds for Attorney Fee Disputes

The Bratz litigation between Mattel and MGA Entertainment has provided fertile grounds for attorney fee disputes. In the latest installment, the Ninth Circuit upheld a $137 million attorney fee award in favor of MGA as a...more

2/5/2013 - Attorney's Fees Bratz Copyright Damages Infringement Mattel MGA Entertainment The Copyright Act Trade Secrets Willful Infringement

Reconsidering the Fraud Exception to the Parol Evidence Rule

The California Supreme Court has removed a legal barrier for litigants seeking to invalidate contracts on the basis of fraud. Overruling a 75-year old decision, the Supreme Court ruled that the parol evidence rule does...more

1/28/2013 - Evidence Fraud Fraud Exception Parol Evidence Riverisland

Tripartite Attorney-Client Relationship Arises when Insurer Hires Law Firm to Prosecute Action on Behalf of its Insured

It is well settled that a tripartite attorney-client relationship arises when an insurer retains counsel to defend an action against its insured. As a consequence, confidential communications between counsel and the insurer...more

1/18/2013 - Appeals Attorney-Client Privilege Insurance Companies Insureds Tripartite Relationships

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