Civil Action with Brian & Shant
Government
Brian and Shant discuss trends in enforcing arbitration clauses, blowing deadlines to challenge a judge, importance of an expert declaration when opposing a MSJ, federal preemption in false advertising claims against drug manufacturers, and construction defect class actions.
Goonewardene v. ADP, LLC (2019) 6 Ca.5th 817: Employer can enforce an arbitration agreement between an employee and a staffing agency.
Sunrise Financial v. Superior Court (2019) 32 Cal.App.5th 144: Section 170.6 challenge was untimely because defendants filed the challenge more than 15 days after they made an appearance in the action by filing an opposition to the section 403 transfer/consolidation motion in Judge Wohlfeil's department.
Fernandez v. Alexander (2019) 31 Cal.App.5th 770:. Court of Appeal found the declaration by a patient's expert did not opine on issue of whether recommendation of cast rather than surgery caused increase to patient's wrist injury, and thus did not create genuine issue of fact as to causation.
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17. The End of Labor Code Section 558; Bad News for California Employees
16. Notice Prejudice Case; Removal Case; Privacy Rights; Driver Privacy Protection Act; Arbitration of UCL Claim; Trail Immunity
15. Small Inflatable Pools; Good News For Lawyers Handling Consumer Class Actions.
14. Beating MSJ in a Discrimination Case; Successfully Fending Off Arbitration By Arguing Waiver
13. Breach of Confidentiality Clause; J&J Talc Case; Personal Injury Case; A Rogue Juror; Abuse Case; Insurance Case & Interpreting Contracts
12. FEHA; Attorneys Fees in Lemon Law Cases; Medicare in Personal Injury Cases; Attorney Fees in Civil Rights Action; RFAs; Burden of Proof for Reducing Future Damage Awarded
11. Facebook & The Telephone Consumer Protection Act; Lawyers Getting Petty; Professional Negligence & CPAs; Clarifying Rule 4-2; Manhattan Community Access Corp Case
10. Case Certification; Insurance Case; Decertification and Standing; UCL Claim; Civility and the Law
9. Waiving Right to Arbitration; Handling Insurance Company Claim; 9th Circuit Court of Appeal Arbitration; CAFA; SoCal Gas Leak Case; Mandatory Fee Arbitrations Over Attorney Fees
8. Class Action Fairness Act; Treble Damages Under Penal Code; Failure to Prosecute; Picking Off Class Representatives; One-Way Attorney Fee Statute
7. Arbitration; Primary Assumption of Risk; Insurance Cases
6. Juror Misconduct & Collateral Source Rule; Forum Selection Clauses; 5 Year Rule in A "Death Knell" Doctrine; Uninsured Motorists Within an Umbrella Policy; PAGA & Claim Splitting
5. Good News in Trucking Employment Cases; Cautionary Tales About Deadlines
4. SCOTUS Ruling in Epic Systems in PAGA Cases; Denying Class Certification; Religious Org. Exemption; Relief Under CCP 473b; Elder Abuse Cases; Deadlines for Removing Fed. Court Case
3. Cy Pres; Default Judgment PAGA Cases; Declarations in Malpractice; DQ of Lawyers in Partnership Disputes; Self-Insured Retention & Coverage; Liability of a Fraternity
2. Equitable Tolling; Piece Rate Work & Meal Breaks; Application of Forum Selection Clauses; Seeking Disqualification of Lawyers; Post-PAGA Actions
Introducing: Civil Action with Brian & Shant
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