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Damages › CA Supreme Court

Sheppard Mullin Richter & Hampton LLP

The California Supreme Court Confirms Vertical Exhaustion Applies for First-Layer Excess Insurers

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In Truck Ins. Exch. v. Kaiser Cement, 321 Cal. Rptr. 3d 761, 549 P.3d 781 (2024), the California Supreme Court answered the question left open by Montrose Chem. Corp. v. Superior Ct., 9 Cal. 5th 215 (2020) (Montrose III): for...more

Troutman Pepper

In the Ninth Circuit Precision is Required in an Offer of Judgment

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A U.S. District Court in the Southern District of California recently held that a Federal Rule of Civil Procedure 68 offer of judgment must clearly state that attorneys’ fees and costs are limited or waived, as Arvest Central...more

Laughlin, Falbo, Levy & Moresi LLP

Kuciemba Update: Supreme Court Answers Long-Awaited Questions on Family Member COVID-19 Claims

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In a unanimous opinion, the California Supreme Court answered two questions posed to it by the Ninth Circuit Court of Appeal, finding that an employer is not liable for a COVID-19 injury sustained by an employee’s household...more

Patton Sullivan Brodehl LLP

California Supreme Court: Penal Code Section 496(c) Can Apply To Business Disputes

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In a long-awaited opinion — Siry Investment, L.P. v. Farkhondehpour — the California Supreme Court held that California Penal Code section 496 can apply to a business dispute. The opinion resolves a split of authority among...more

Latham & Watkins LLP

NFTs and the Right of Publicity: Assessing the Legal Risks

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NFT creators should craft strategies to avoid minting or auctioning NFTs that use the likeness of an individual without their consent. As non-fungible tokens (NFTs) increase in popularity, the so-called common law “right of...more

Shook, Hardy & Bacon L.L.P.

National Employment Perspective: Focus on California - Limiting Employee Recovery under California PAGA Actions

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With the advent of California’s Private Attorneys General Act of 2004 (PAGA), employees can step into the shoes of a state attorney general and bring lawsuits against their employers, seeking civil penalties for Labor Code...more

Buchalter

California Supreme Court Limits PAGA Claim Damages in Landmark Ruling Denying Plaintiff’s Wage Claim

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In a surprising decision, the California Supreme Court has ruled that Plaintiffs in Private Attorney General Act  (PAGA) cases cannot recover for their own or their fellow employees’ unpaid wages, but instead are limited to...more

Carlton Fields

California Employers Win Major Damage Limitation in Wage and Hour Suits

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California employers just won a major victory this week when the California Supreme Court issued its long-awaited decision in ZB, N.A. v. Superior Court. The exposure in Private Attorneys General Act (PAGA) cases was...more

Nossaman LLP

Regulatory Taking May Result From Improper CEQA Determination? Stay Tuned

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A few months ago, we reported on a Court of Appeal decision, Bottini v. City of San Diego, where the Court held that delays resulting from a governmental agency’s improper denial of a permit application for a new development...more

Miller Starr Regalia

Property Reserve and Precondemnation Entries – The Epilogue

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As we have previously reported, the California Supreme Court in Property Reserve, Inc. v. Superior Court (2016) 1 Cal.5th 151, ruled that the California statutes allowing precondemnation entry by the government to test and...more

Snell & Wilmer

California Supreme Court Upholds Precondemnation Procedures

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On July 21, 2016, the California Supreme Court in Property Reserve v. Superior Court upheld the state’s precondemnation entry and testing statutes provided they were reformed to allow impacted property owners the ability to...more

Nossaman LLP

How to Negotiate a Right of Entry After Property Reserve

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Last month, the California Supreme Court’s decision in Property Reserve v. Superior Court provided long-awaited certainty for public agencies after a court of appeal determined the often-used “right of entry” statutes failed...more

Nossaman LLP

California’s Precondemnation Right of Entry Statutes Upheld — With a Slight Judicial Tweak

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For the last two-plus years, we have been waiting for guidance from the California Supreme Court on whether public agencies could utilize the statutory “right of entry” procedure to gain access to private property to conduct...more

Mayer Brown

Updates On Some Cases About Which We Have Reported

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There have been subsequent developments in several cases about which we have posted in recent months. On April 27, 2016, the California Supreme Court denied review in Casey v. Kaiser Gypsum Co., a case in which the...more

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