Low, Ball & Lynch

Asbestos Alert: Asbestos Bankruptcy Trusts and Legislation

When asbestos litigation became extremely costly to defend, to settle and to pay judgments, companies began filing for protection under the Bankruptcy laws. In the three decades since Johns Manville and UNR Industries filed the…more
| Bankruptcy, Civil Remedies, Elections & Politics, Products Liability, Wills, Trusts, & Estate Planning

Sophisticated User Defense Does Not Extend to Salesman

Richard Moran III v. Foster Wheeler Energy Corporation - Court of Appeal, Second Appellate District (April 13, 2016) - In 2008, the California Supreme Court unanimously held that the “sophisticated user” defense…more
| Civil Procedure, Energy & Utilities, Labor & Employment Law, Personal Injury, Products Liability

Cell Phones Allowed in Courtroom to Access CART Service

Yesterday, precedent was set at the United States Supreme Court. Not a legal precedent, but a practical one: cell phones were allowed in the courtroom…more
| Civil Procedure

Dismissal of Class Action – No Community of Interest

Jeffrey Schermer, et al. v. Thomas T. Tatum, et al. Court of Appeal, Fourth Appellate District (March 18, 2016) Class actions are permitted “when the question is one of a common or general interest, of many persons,…more
| Civil Procedure, Real Estate - Residential

Childhood Sexual Abuse – Delayed Accrual of Plaintiff’s Claims Against a Public Entity

Latrice Rubenstein v. Doe No. 1, et al. - Court of Appeal, Fourth Appellate District (March 22, 2016) - Generally, a civil cause of action for child molestation accrues at the time of the molestation, but delayed…more
| Civil Procedure, Education

Settlement Agreements That are Silent Concerning Allocation of Costs Can Result in Costs Awarded to Plaintiff

Maureen DeSaulles v. Community Hospital of the Monterey Peninsula - Supreme Court (March 10, 2016) - In an action for alleged disability discrimination and related claims, the Supreme Court had to determine whether a…more
| Civil Procedure, Civil Remedies, Civil Rights

Torts – Negligence Per Se and Causation/CCP 998 Offers

Anthony Toste v. CalPortland Construction et al. - Court of Appeal, Second Appellate District (March 2, 2016) - In many tort actions, plaintiff will argue that the defendant violated some statute or ordinance and was…more
| Civil Procedure, Construction Law, Personal Injury, Transportation

Unlawful Detainer – “Lease” v. “Sale” Agreement

Jon Taylor, et al. v. Nu Digital Marketing, Inc. - Court of Appeal, Third Appellate District (February 29, 2016) - An unlawful detainer action is authorized and governed by California Code of Civil Procedure §1161 et…more
| Civil Procedure, Civil Remedies, Real Estate - Residential

Five-Year Dismissal Statute not Tolled by Order Staying the Case

Milton Howard Gaines v. Fidelity National Title Insurance Company - Supreme Court of California (February 25, 2016) - Code of Civil Procedure (hereafter “C.C.P.”) § 583.310 requires an action to be brought to trial…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential

Insurance Coverage – Equitable Subrogation – Doctrine of Superior Equities

Amco Insurance Company, et al. v All Solutions Insurance Agency, LLC - Court of Appeal, Fifth Appellate District (February 8, 2016) - Equitable subrogation is most commonly employed when an insurer pays its insured…more
| Business Torts, Civil Procedure, Civil Remedies, Insurance

Insurance Coverage – UM/UIM Coverage Under Excess Policies

Larry Haering v. Topa Insurance Company - Court of Appeal, Second Appellate District (February 3, 2016) - Uninsured (“UM”) and Underinsured Motorist Coverage (“UIM”) were created by statute (Insurance Code §11580.2),…more
| Insurance

Supreme Court Approves Public Entity Design Immunity Defense

Randall Keith Hampton, et al. v. County of San Diego - Supreme Court of California (December 10, 2015) - In California, a public entity can be liable for injuries caused by dangerous conditions of public property –…more
| Civil Procedure, Personal Injury, Transportation

Evidence of Industry Custom and Practice May Be Admissible in Strict Products Liability Cases

William Jae Kim, et al. v. Toyota Motor Corporation, et al. - Court of Appeal, Second Appellate District (January 19, 2016) - William Jae Kim and Hee Jon Kim filed a strict products liability action against…more
| Civil Procedure, Products Liability

Insurance Coverage – Predominant or Efficient Proximate Cause

Varadanyan v. Amco Insurance Company - Court of Appeal, Fifth Appellate District (January 7, 2016)- Insurance Code section 530 codifies the “efficient proximate cause doctrine” in resolving first party insurance…more
| Civil Procedure, Insurance

Dangerous Condition of Public Property – Trail Immunity

Teresa Burgueno, et al. v. The Regents of the University of California - Court of Appeal, Sixth Appellate District (Certified for Publication: January 13, 2016) - A public entity is generally liable for an injury…more
| Civil Remedies, Personal Injury
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Contact

505 Montgomery Street
7th Floor
San Francisco, CA 94111-2584, United States

  • (415) 981-6630
  • (415) 982-1634

Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Business Organizations
  • Business Torts
  • Civil Rights
  • Construction Law
  • Government
  • Insurance
  • Labor & Employment Law
  • Personal Injury
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Toxic Torts
  • Transportation
See more
Locations
Other U.S. Locations
  • California
Number of Attorneys

25-50 Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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