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California Damages

Davis Wright Tremaine LLP

California Legislature Sends Bills Regulating AI to the Governor

Last week, the California Legislature passed several bills that, if signed by the governor, will regulate how organizations develop, train, and use artificial intelligence (AI) models, systems, and applications. Of these...more

Sheppard Mullin Richter & Hampton LLP

Attorney’s Fees May Be Recoverable in Trade Secret Cases, Even Without Damages

In California, although the prevailing rule is that each party in litigation must cover their own fees and costs, a litigant can be awarded reasonable attorney’s fees and costs if expressly permitted in a contract....more

Maison Law

Personal Injury Claims for Undocumented Immigrants in California

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California remains the state with the largest population of documented and undocumented immigrants. The rights of undocumented immigrants are continually at issue in the state....more

Maison Law

How is Pain and Suffering Calculated in California Personal Injury Cases?

Maison Law on

After being seriously injured in an accident that was caused by the carelessness and negligence of somebody else, victims may be able to seek both economic and non-economic damages. Economic damages have price tags on them...more

Vondran Legal

South Coast Botanic Garden Foundation Sued for Right of Publicity Violation

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Vondran Legal® News: We have recently filed suit in the Los Angeles Superior Court against the South Coast Botanic Garden Foundation. Amazingly, they used photographs of two Defendants (who are working professionals who...more

Maison Law

What is California's Dog Bite Law

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U.S. News and World Reports says that, in 2022, dog bites resulted in 48,596 visits by victims to an emergency room in California. That translates to 125 visits per every 100,000 Californians. Between 2018 and 2022, dog bites...more

Vondran Legal

California Financial Elder Abuse Law in the Real Estate Context

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...Financial Elder Abuse Cases in California in the Real Estate context - This blog provides general legal information regarding the topic of financial elder abuse in California, with a focus on cases involving real estate...more

White & Case LLP

Notice May Be Required for California Employees Subject to Non-Competes

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California passed new laws reiterating its prohibition on employment-related non-competition obligations. Assembly Bill 1076, effective January 1, 2024, provides that it is unlawful to include noncompete clauses in employment...more

CDF Labor Law LLP

A New and Challenging Obstacle for California Employers’ Use of Experts in State Courts

CDF Labor Law LLP on

Employers litigating cases in California courts face many obstacles. Summary judgment has become increasingly difficult for employers. Criminal cases take precedent and often cause trial postponements, resulting in civil...more

Tyson & Mendes LLP

The California Insurance Code and Willful Acts

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Companies facing lawsuits involving alleged claims of willful acts have had a rude awakening following the ruling in The Wonderful Co. LLC et al. v. Starr Indemnity & Liability Co. by a California federal court that came at...more

Buchalter

Valentine’s Day 2024 Is No Sweetheart for Employers Who Include Restrictive Covenants in Employee Agreements for Current of Former...

Buchalter on

December 1, 2023 By: Leah Lively California Business and Professional Code sections 16600 to 16607 already invalidate agreements restricting California employees from pursuing any lawful profession, trade, or business, with...more

Downey Brand LLP

Supreme Court of California Rejects Class Action Suit Against PG&E for its 2019 Blackouts

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Introduction - In Gantner v. PG&E Corporation et al. (November 20, 2023) No. S273340, 2023 WL 8010215, the Supreme Court of California (“Court”) unanimously held that a plaintiff’s class action lawsuit against PG&E for...more

Mintz

California Launches Public Nuisance Lawsuit Against the Major Oil Companies

Mintz on

On September 15, 2023, California filed a lawsuit against the major oil companies, presenting claims under a variety of theories, including public nuisance and false advertising. This lawsuit is similar to ones filed by...more

Fox Rothschild LLP

Employers Using Restrictive Covenants Face Greater Risk Come the New Year!

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Employers who sign employees up to noncompetition agreements or other restrictive covenants or seek to enforce the agreements — even when employees enter into the agreements outside California in a state where the...more

Sheppard Mullin Richter & Hampton LLP

Are Third-Party Diminished Value Damages Claims Covered in California?

Auto insurers are often asked by their insureds and third-party claimants to pay for what are known as “diminished value” damages in connection with car accidents. Generally speaking, “diminished value” is the loss of market...more

CDF Labor Law LLP

[Webinar] What’s the Deal? - California Employment Law Issues in Business Transactions and Restructurings - May 24th, 9:30 am -...

CDF Labor Law LLP on

CDF Labor Law LLP presents a complimentary webinar that will cover California employment law issues that arise in business transactions and restructurings. Please join CDF employment law attorneys John Giovannone, Erin Owen,...more

Nossaman LLP

City’s Planning to Acquire Property Does not Trigger Precondemnation Damages or Inverse Condemnation Liability

Nossaman LLP on

Planning and constructing large public works projects can take years. When those projects will impact private property, owners are left in a difficult situation, as the cloud of condemnation hangs over their property, making...more

Sheppard Mullin Richter & Hampton LLP

New Insurance Law: The Extension of California’s “Genuine Dispute” Doctrine to Disputes Over the Value of General Damages In...

One of the most powerful weapons an insurance company can use to defeat a bad faith claim is the “genuine dispute” doctrine. Under this doctrine, as long as there was a genuine dispute regarding coverage or the amount owed,...more

White and Williams LLP

Top Developments - September 2022

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Pepsi-Cola Metro. Bottling Co. v. Emp’rs Ins. Co., 2022 Wisc. App. LEXIS 598 (Wisc. Ct. App. July 8, 2022) - Wisconsin Court of Appeals (in a divided decision) holds that a “post-loss” assignment of rights under a...more

Sheppard Mullin Richter & Hampton LLP

Trade Secret Misappropriation: Denial of Motion for Attorneys’ Fees under CUTSA is Not an Appealable Order

Whether a court order is appealable is often the first issue analyzed by appellate attorneys. An interlocutory order is an order issued by a court while a case is pending. These orders are not a final disposition of the case,...more

Sheppard Mullin Richter & Hampton LLP

Insurers Owe No Coverage for COVID-19 Related Business Interruption Losses Under Commercial Property Policies Insuring “Direct...

Mudpie, Inc. v. Travelers Casualty Insurance Company of America, — F.4th —-, 2021 WL 4486509 (9th Cir. Oct. 1, 2021), Case No. 20-16858. In March 2020, California state and local authorities issued orders limiting...more

Faegre Drinker Biddle & Reath LLP

Defense “Victory” Against Employee’s Spouse in COVID-19 Exposure Case

On May 7, a California District Court Judge granted Victory Woodworks, Inc.’s (“Victory”) motion to dismiss all COVID-19 liability claims in plaintiffs Robert and Corby Kuciemba’s amended complaint. Kuciemba et al. v. Victory...more

Patterson Belknap Webb & Tyler LLP

Blurred Immunity: California Cannot Escape Adversary Proceeding on Grounds of Sovereign Immunity

In 2018, the liquidating trustee for Venoco, LLC and its affiliated debtors (collectively, the “Debtors”) commenced an action in the United States Bankruptcy Court for the District of Delaware seeking monetary damages from...more

Sheppard Mullin Richter & Hampton LLP

California Enacts Law Requiring Certain Employers to Offer Open Positions to Laid Off Employees in the Travel and Hospitality...

As travel begins to resume in California, the Legislature has imposed additional stringent requirements on employers in the travel and hospitality industries. Beginning April 16, 2021, Senate Bill 93 will require employers in...more

Snell & Wilmer

California Enacts Legislation Preventing Residential Evictions and Granting Protection From Foreclosure as a Result of Hardship...

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On August 31, 2020, California Governor Gavin Newsom signed into law AB 3088 (the "Bill"), extending a statewide stoppage of evictions for unpaid rent due to the COVID-19 pandemic and granting protection from foreclosure to...more

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