Making Your Online Evidence Usable in the Courtroom by Kaiser Legal Group on 5/23/2012 Presented at, and written for, the Seattle Continuing Legal Education seminar "Everything You Don't Know About E-Discovery (But Wish You Did)." The CLE was held at the Washington State Convention Center in Seattle,...more
Eighth Circuit Addresses Personal Injury Offense of Malicious Prosecution by Traub Lieberman Straus & Shrewsberry LLP on 5/15/2012 In its recent decision in Genesis Ins. Co. v. City of Council Bluffs, et al., 2012 U.S. App. LEXIS 9577 (8th Cir. May 11, 2012), the United States Court of Appeals for the Eighth Circuit, in a matter of first impression under...more
Weekly Law Resume - April 26, 2012: Anti-SLAPP Attack to a Malicious Prosecution Action by Low, Ball & Lynch on 5/7/2012 Darin Johnson v. Ralph’s Grocery Company, et al. Court of Appeal, Fourth District (March 20, 2012) This case concerns two pre-answer challenges a defendant can make to the legal sufficiency of a plaintiff’s complaint:...more
Summary Judgment May Not Be Granted In Elder Abuse Case When A Complete Defense Has Not Been Established by Kronick, Moskovitz, Tiedemann & Girard on 5/4/2012 In Knox v. Dean (--- Cal.Rptr.3d ----, Cal.App. 4 Dist., April 24, 2012), a California Court of Appeal considered whether summary judgment in an elder abuse charge against a conservator of an elderly man was correct. The...more
NEW LAW CHANGES RULE GOVERNING REMOVAL OF MATTER FROM STATE COURT TO FEDERAL COURT by Erik Anderson on 5/1/2012 On January 6, 2012, the Federal Courts Jurisdiction and Venue Clarification Act (“Act”) of 2011 , came into effect. The Act as a whole brought changes to Federal statues affecting venue, removal and jurisdiction. The...more
APPELLATE DIVISION HOLDS THAT LIABILITY POLICY OF TENANT DOES NOT PROVIDE COVERAGE FOR LANDLORD AND ITS REAL ESTATE MANAGER by Erik Anderson on 5/1/2012 The Appellate Division in Cambria v. Two JFK BLV, LLC, et. al. (423 N.J. Super 499) was called upon to determine whether the trial court properly found that the landlord and its real estate manager were additional insured...more
APPELLATE DIVISION HOLDS THAT PLAINTIFF’S LACK OF DUE DILIGENCE BARS REPLACING ‘JOHN DOE’ DEFENDANT WITH ACTUAL PARTY by Erik Anderson on 5/1/2012 The Appellate Division has held in Andreoli v. State Insulation Corp. et. al. (2011 WL 4577646) that a plaintiff could not replace a “John Doe” defendant with an actual party due to a lack of due diligence in identifying that...more
New York Court Holds Negligent Supervision Claim Triggers Defense by Traub Lieberman Straus & Shrewsberry LLP on 3/26/2012 In its recent decision in Am. Auto. Ins. Co. v. Sec. Income Planners & Co., 2012 U.S. Dist. LEXIS 39444 (E.D.N.Y. Mar. 22, 2012), the United States District Court for the Eastern District of New York had occasion to consider...more
Ontario Court of Appeal Recognizes Tort of Invasion of Privacy by Osler, Hoskin & Harcourt LLP on 1/24/2012 On January 18, 2012, the Ontario Court of Appeal recognized a common law tort of “intrusion upon seclusion” in Ontario law in its decision in Jones v. Tsige. This decision has potentially significant implications, not just...more
Faitro v. Top Surgeons et al. Demurrer to First Amended Complaint by Robert Scott Lawrence on 1/20/2012 Defendants' demurrer to the First Amended Complaint's UCL, FAL and CLRA causes of action based on failure to plead reliance, and failure to plead requisite damages sufficient to confer standing under Simpson Strong Tie v....more
Faitro v. Top Surgeons et al. Defendants' Petition to Compel Arbitration by Robert Scott Lawrence on 1/20/2012 Defendants filed their petition to compel individual arbitration of the putative class action claims pursuant to the United Supreme Court's ruling in Concepcion v. ATT. Briefing schedule and hearing date to be set by the...more
Should the insurers pay? by Chris Robinson on 1/19/2012 In the light of the PIP breast implants scandal a brief summary of how business liability insurance works in the UK with reference to product liability and product recalls...more
Hybrid Fee Agreements Work for Business Litigation Cases! by Barry P. Goldberg, A Professional Law... on 1/19/2012 A combination of hourly and contingency fee contract may be the way to take your case the extra miles it needs for a great result in a business case. This is a Southern California version of my earlier article published in...more
In Defense of Deterrence by Professor Andrew F. Popper by Michael Durr on 1/16/2012 Andrew F. Popper, a law professor at American University, has written an article entitled "In Defense of Deterrence." Here is an abstract of the article: The civil justice system deters misconduct. It generates...more
New York Court of Appeals’ Clarification of the Martin Act Opens Door for Common Law Claims in Securities Cases by White & Case LLP on 1/11/2012 The New York Court of Appeals recently held that the Martin Act — New York’s “Blue Sky” law — does not preclude private plaintiffs from pursuing common law claims such as fraud and negligent misrepresentation relating to...more