Posted on December 9, 2015 by Julie Brook, Esq.
The California Supreme Court just handed down a decision that’s been hailed by the Recorder as “boon for plaintiffs bar.” In Quesada v Herb Thyme Farms (PDF), the supreme court unanimously held that claims for fraud by intentionally labeling conventionally grown food as organic aren’t preempted by the federal Organic Foods Act—so it’s a green light for plaintiffs to sue under California’s consumer protection laws and reap the remedies found there. Continue reading
Filed under: Business Law, Civil Litigation, Legal Topics, New Legal Developments, Tort Law | Tagged: CLRA, Consumer Legal Remedies Act, false advertising, federal preemption, fraud, organic food, Organic Food Act, unfair competition law | Leave a comment »
Posted on September 23, 2015 by Julie Brook, Esq.
The Recorder reports an uptick in defamation claims by fired employees. These claims are often in the form of plaintiffs saying that their bosses gave others false reasons for their firing. These types of claims strike fear in the hearts of employers, but employers do have some powerful defenses to call upon. Continue reading
Filed under: Employment Law, Legal Topics, Tort Law | Tagged: defamation, employee, employer, employment termination, HR, libel, slander, wrongful termination | 1 Comment »
Posted on July 20, 2015 by Julie Brook, Esq.
In cases in which there are medical issues, you’ll need to decide whether to depose the treating physician. Here are some considerations to keep in mind as you make this call. Continue reading
Filed under: Civil Litigation, Discovery, Legal Topics, Personal Injury, Tort Law | Tagged: damages, deposition, discovery, expert witness, medical records, medical testimony, opinion testimony, personal injury, treating physician | Leave a comment »
Posted on June 17, 2015 by CEB
The following is a guest blog post by Michelle Weiss, an attorney with Bay Area Bicycle Law, the only firm in Northern California that exclusively represents cyclists.
A bill introduced earlier this year mandating helmet use for California adults (SB-192) was scaled back following opposition from bike organizations statewide. So for the time being at least, helmet use remains optional for adult cyclists in California. This means the issue of whether plaintiffs are contributorily negligent for not wearing a bicycle helmet remains a legal gray area. Continue reading
Filed under: Legal Topics, Personal Injury, Tort Law | Tagged: AB 192, bicycle accidents, bicycle helmet law, bicycle law, comparative negligence, contributory negligence | Leave a comment »
Posted on April 29, 2015 by Julie Brook, Esq.
The family of a 9-year-old California boy who survived a fall through a school’s skylight reportedly claims the school district should be held liable for his injuries because it was too easy to get on the school’s roof and district leaders knew children climbed up there but didn’t do enough to stop it. Property owners beware: A foreseeable risk can turn a trespassing child into a plaintiff. Continue reading
Filed under: Personal Injury, Real Property Law, Tort Law | Tagged: attrative nuisance, children trespassing, forseeability, landowner liability, premises liability, school district, tort liability | Leave a comment »
Posted on February 11, 2015 by Julie Brook, Esq.
In response to a plaintiff’s motion for consolidation, the court can combine two or more separately filed lawsuits for simultaneous disposition. This promotes efficiency, but there are very big downsides for a defendant in a consolidated case. Here are 8 things defense counsel should consider when faced with a motion to consolidate.
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Personal Injury, Pretrial Matters, Tort Law | Tagged: complex litigation, consolidation, litigation defense, motion to consolidate, opposing motion to consolidate, trial efficiency | 1 Comment »
Posted on February 6, 2015 by Julie Brook, Esq.
Consolidation can be a useful efficiency technique because it allows the court to combine two or more separately filed lawsuits for simultaneous disposition. This efficiency is not without danger—consolidation may produce an incomprehensible case that the jury can’t handle fairly or understand.
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Personal Injury, Pretrial Matters, Tort Law | Tagged: complex litigation, consolidation, lead counsel, personal injury, pretrial motions, trial efficiency | 2 Comments »