Affirmative Defenses

Defending Your Life – Part 1

by Yavitch & Palmer Co., L.P.A. on 4/12/2013

Everyone knows generally what self defense is. We should be able to defend ourselves against an attack. And if that means deadly force, so be it. After all, if it’s them or me, I’d rather it be them. But not everyone really...more

Ninth Circuit Holds that Employers Are Entitled to Individualized Damages and Affirmative Defense Determinations in Wage and Hour...

by Michael Gregg | Littler on 3/14/2013

In Wang v. Chinese Daily News, Inc., 2013 U.S. App. LEXIS 4423 (9th Cir. Mar. 4, 2013), the U.S. Court of Appeals for the Ninth Circuit issued a decision that runs contrary to its prior endorsement of the use of inferential...more

Highlights of the Omnibus HIPAA/HITECH Final Rule

by Robert Chu, William Conaboy, Gregory Fliszar, Katherine Layman, Judy Mayer | Cozen O'Connor on 3/7/2013

On January 25, 2013, the Office of Civil Rights (OCR) of the Department of Health & Human Services (HHS) published the long-awaited omnibus final regulation governing health data privacy, security and enforcement (Omnibus...more

Update on CA case challenging Mr. Cordray’s appointment

by Alan S. Kaplinsky | Ballard Spahr LLP on 2/15/2013

We have been following the case filed this past summer by the CFPB in a California federal court against an attorney and his law firm that offered mortgage assistance relief services to consumers. In CFPB v. Chance Edward...more

California And Rule 10b5-1

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 2/14/2013

In October of 2000, the Securities and Exchange Commission adopted Rule 10b5-1, which among other things, created an “affirmative defense” for pre-planned trading provided that specified conditions were met. At the time, I...more

Prevailing Party Attorney Fee Award Is Granted Based On Successful Affirmative Defense Raised In Answer

by David J. McMahon | Barger & Wolen on 2/12/2013

In Windsor Pacific LLC v. Samwood Co. Inc., 2013 DJDAR 1292 (2013), the California Court of Appeal for the Second Appellate District decided a novel attorney fee issue arising out of hotly contested litigation, pertaining to...more

The Importance Of Strict Compliance With Notice Of Default Provisions In Loan Documents

by Neha Dagley | Schecter Law on 2/4/2013

In Judy v. MSMC Venture, LLC, 100 So. 3d 1287 (Fla. 2d DCA 2012), a mortgagee brought a foreclosure action. At issue were two promissory notes executed by Thomas and Jill Judy in favor of Market Street Mortgage Corp., who...more

Anti-Discrimination Reforms: The Proposed Harmonisation of Anti-Discrimination Laws

by Alice DeBoos, Courtney Fleming | K&L Gates LLP on 1/21/2013

The Federal Government has released an exposure draft for a new Anti-Discrimination Bill, which proposes to harmonise, into a single statute, the Commonwealth’s anti-discrimination laws and the Australian Human Rights...more

Weekly Law Resume - December 27, 2012: ADA Defendant Granted Attorney Fees as a “Prevailing Party”

by Laura Flynn | Low, Ball & Lynch on 1/10/2013

Les Jankey v. Song Koo Lee California Supreme Court (December 17, 2012) The Supreme Court upheld an award of attorney fees in favor of a defendant in a disability access discrimination case pursuant to California...more

Seatbelt Use Reduces Injury and Protects San Diego Personal Injury Claims

by Thorsnes Bartolotta McGuire LLP on 12/27/2012

While most people recognize the potential risk of not wearing a seatbelt when they are involved in a collision, they still choose not to buckle up. Seatbelts are exceptionally effective at reducing the severity of injury. If...more

Weekly Law Resume - December 20, 2012: California Supreme Court Affirms Express Delivery Provisions of Government Claims Act

by Kimberly Chin | Low, Ball & Lynch on 12/24/2012

Hope DiCampli-Mintz v. County of Santa Clara, et al. - California Supreme Court (December 6, 2012) - Government Code section 915(a) establishes the manner of delivery of a claim against the government. It requires that...more

Products Liability Defendants Must Plead Highly Reckless Conduct as an Affirmative Defense

by Duane Morris LLP on 12/5/2012

On November 26, 2012, the Supreme Court of Pennsylvania handed down a decision in Reott v. Asia Trend, Inc., et al., Nos 27-30 WAP 2011, slip op. (Pa. Nov. 26, 2012), that changes the way defendants in product liability...more

Eighth District Rules that Facts Supporting Affirmative Defenses are Discoverable as Long as Parties ask for "Letters, Memorandum,...

by Aaron Minc on 11/18/2010

Eighth District Rules that Facts Supporting Affirmative Defenses are Discoverable as Long as Parties ask for "Letters, Memorandum, and Other Documents" Party A sues Party B alleging wrongful termination, pay...more

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