News & Analysis as of

CA Supreme Court

What Areas of Law Does the Government Appeal in Civil Cases (Part 4)?

by Sedgwick LLP on

Last time, we reviewed the areas of the law which governmental entities appealed between 2006 and 2012. Today, we complete the cycle, reviewing the years 2013 through 2016. The most striking thing about the Court’s civil...more

What Areas of Law Does the Government Appeal in Civil Cases (Part 3)?

by Sedgwick LLP on

Last week, we reviewed the year-by-year data for the areas of law in which the government has appealed from 1990 through 2005. Today, we address the record for the years 2006 through 2012. Surprisingly, the leading area of...more

CA Supreme Court Limits Duty Owed to Visitors Using Offsite Parking Lots

by Selman Breitman LLP on

Businesses and other property owners owe a duty of care to individuals they invite onto their premises. If someone gets hurt on property that you own or control, you may be responsible for the injuries sustained. You...more

What Areas of Law Does the Government Appeal in Civil Cases (Part 2)?

by Sedgwick LLP on

Yesterday, we began reviewing the areas of law in which government entities have pursued civil appeals since 1994. Today, we’re addressing the years 2000 through 2005. Like our previous period, constitutional law and...more

What Areas of Law Does the State Appeal in Civil Cases (Part 1)?

by Sedgwick LLP on

For the past two weeks, we’ve been considering how the Court’s civil and criminal cases were distributed among the Districts and Divisions of the Court of Appeal. This week, we consider the same issue we began at the...more

How Were the Court’s Criminal Cases Distributed at the Court of Appeal (Part 4)?

by Sedgwick LLP on

Yesterday, we discussed which Districts and Divisions of the Court of Appeal produced the Supreme Court’s criminal docket for the years 2006 through 2011. Today, we finish the story, reviewing the years 2012 through 2017...more

How Were the Court’s Criminal Cases Distributed at the Court of Appeal (Part 3)?

by Sedgwick LLP on

Last week, we began analyzing how the Supreme Court’s criminal docket since 1994 has been distributed among the Districts and Divisions of the Court of Appeal. Today, we address the years 2006 through 2011....more

California "In Lieu" Affordable Housing Fees Withstand Constitutional Challenge - U.S. Supreme Court Denies Petition to Review...

by Holland & Knight LLP on

The U.S. Supreme Court on Oct. 30, 2017, denied a petition for certiorari filed by the developers of an 11-unit residential condominium project in the City of West Hollywood seeking to challenge the application by the City of...more

California Mediation Confidentiality May Apply to Third Party “Participants” Retained to Provide Analysis

by Snell & Wilmer on

California Evidence Code section 1119 governs the general admissibility of oral and written communications generated during the mediation process. Section 1119(a) provides that “[n]o evidence of anything said or any admission...more

How Were the Court of Appeal’s Cases Decided at the Court of Appeal (Part 2)?

by Sedgwick LLP on

Yesterday, we began our review of the origins in the Court of Appeal of the Supreme Court’s criminal docket. Today, we continue with the years 2000 through 2005. The Court decided thirty-four cases from the First District...more

How Were the Court of Appeal’s Criminal Cases Distributed at the Court of Appeal (Part 1)?

by Sedgwick LLP on

For the last couple of weeks, we’ve been reviewing the Supreme Court’s experience with criminal cases, beginning with the years 1990 through 2005. This week, we begin our trip through the Supreme Court’s criminal...more

How Were the Court’s Civil Cases Distributed at the Court of Appeals (Part 4)?

by Sedgwick LLP on

Yesterday, we reviewed the year-by-year data for the distribution of the Court’s civil docket among the Districts and Divisions of the Court of Appeal. Today, we review the most recent data, from 2012 to year-to-date 2017....more

How Were the Court’s Civil Cases Distributed at the Court of Appeals (Part 3)?

by Sedgwick LLP on

Last week, we reviewed the year-by-year distribution of the Court’s civil docket among the Districts and Divisions of the Court of Appeal for the years 1994 through 2005. Today, we review the data for the years 2006 through...more

How Were the Court’s Cases Distributed at the Court of Appeals (Part 2)?

by Sedgwick LLP on

On October 12, 2017, we began our review of the distribution of the Court’s civil cases at the Districts (and Divisions) of the Court of Appeal, reviewing the data for the years 1994 through 1999. Today, we review the data...more

How Were the Court’s Civil Cases Distributed at the Court of Appeals (Part 1)?

by Sedgwick LLP on

Last week, we reviewed the government’s record in civil and criminal appeals. This week, we begin our review of which Districts of the Court of Appeal have produced the most civil cases each year....more

Interim Adverse Judgment Rule Averts Malicious Prosecution Claim

by McDermott Will & Emery on

The California Supreme Court found that the denial of summary judgment in an underlying trade secrets misappropriation action established sufficient probable cause to bring an action under the California interim adverse...more

9th Circuit Puts Mendoza v. Nordstrom Saga To Rest

by Fisher Phillips on

The 9th Circuit Court of Appeals recently affirmed a lower court’s dismissal of “day of rest” claims brought by two former hourly employees against retail giant Nordstrom. The court determined that the employees were not...more

Torts: Changes to CCP §340.1 Did Not Change Deadline for Submitting Claims to Public Entities

by Low, Ball & Lynch on

Latrice Rubenstein v. Doe No. 1 et al. - SUPREME COURT OF CALIFORNIA, 3 Cal.5th 903 (August 28, 2017) - Code of Civil Procedure §340.1(a) provides that an action for damages suffered as a result of childhood sexual...more

What’s the Government’s Winning Percentage in Criminal Appeals?

by Sedgwick LLP on

Yesterday, we reviewed the year-by-year data on the State’s appearances as appellant and respondent in criminal cases from 1994 to 2016. Today, we review the State’s winning percentage in each role....more

No Boundaries: The Erosion of Private Property Rights by Judicial Deference to Regulatory Overreach

by Miller Starr Regalia on

A fundamental precept of American law is the authority of the government, in the exercise of the police power for the protection of the health, safety, and welfare of the public, to regulate the conduct of individuals in the...more

How Many Criminal Appeals Are the Result of Government Appeals?

by Sedgwick LLP on

Last week, we reviewed how often public entities appeared as appellant and respondent in civil cases, and how often the public entities prevailed. This week, we review the Court’s experience in criminal cases....more

Innovator Liability, Perpetual Liability Argued in California Supreme Court

by Reed Smith on

The California Supreme Court heard oral argument in T.H. v. Novartis on Monday. That is the case where the California Court of Appeal held that a prescription drug manufacturer could be held liable for injuries allegedly...more

How Often Do Governmental Entities Win in Civil Cases?

by Sedgwick LLP on

Last week, we began our review of the Court’s experience with governmental entities. This week, we’re evaluating governmental entities’ winning percentage....more

How Common Are Governmental Parties in the Court’s Civil Docket?

by Sedgwick LLP on

For the past several weeks, we’ve looked at the Court’s record with death penalty appeals. This week and next, we’re looking at the Court’s record with parties that are governmental entities....more

Key California Employment Law Cases: August 2017

by Payne & Fears on

Arbitration - Sprunk v. Prisma LLC, No. B268755, 2017 WL 3614265 (Cal. Ct. App. Aug. 23, 2017) - Summary: Employer waived right to compel arbitration against class members by not timely pursuing arbitration. ...more

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