Civil Action with Brian & Shant
Government
Wilson v. Huuuge Inc.
Brian and Shant discuss a class action based on a browsewrap arbitration agreement’s requirements. Seemingly hidden, the consumer would have had to vigorously search through the website to find the agreement’s terms. Accessibility to the terms dictate the determination of the outcome here.
Philadelphia Indemnity Ins. Co. v. SMG Holdings, Inc.
Brian and Shant discuss an additional named insurer added at the request of a named insurer to determine whether it can seek indemnification from the added party. The added insurer argues that because the named original insurer denied coverage indemnification does not apply.
Barranco v. 3D systems Corp
Brian and Shant discuss the purchase agreement between two companies where one requested to introduce the prevailing arbitration award in their prior contract action. The request was denied by the trial court and the appeals court reviewed the denial as an abuse of discretion and ultimately upheld trial court’s decision.
Aloca Dos Vientos v. CalAtlantic Group, Inc. 2nd DCA
Brian and Shant discuss condominium associations and the arbitration agreements that are at issue in construction defect litigation. Covenants Conditions & Restrictions require that if an action is brought against the builder it must be done through arbitration. Generally, builders and HOAs have been granted a number of protections that must be considered prior to bringing an action.
37. Civil Procedure – Personal Jurisdiction and Choice of Law; Childhood Sexual Abuse Statute of Limitations; Appealing a Statement of Decision; Relief Under 473b and its Limitations
36. Defense Perspective from Dana Fox and Eddie Ward of Lewis Brisbois
35. COVID-19 Business Interruption Claims
34. Tort Cases – Substantial Factor Test; Primary Assumption of Risk Doctrine; Going and Coming Rule and An Exception; Immunity for Police Officers Engaged in a High-Speed Pursuit
33. Meal & Rest Breaks; Replacement Class Representative; Classification Exemptions; Objection to Class Settlements
BONUS CONTENT: Interview with Niall McCarthy at the 2019 CAOC Convention in San Francisco
BONUS CONTENT: Interview with Minh Nguyen at the 2019 CAOC Convention in San Francisco
BONUS CONTENT: Interview with Greg Bentley at the 2019 CAOC Convention in San Francisco
32. The Perils of Litigation Funding
BONUS CONTENT: Interview with Craig Peters at the 2019 CAOC Convention in San Francisco
BONUS CONTENT: Interview with Ray Boucher at the 2019 CAOC Convention in San Francisco
31. Trail Immunity; Standard for Gross Negligence; The Discovery Rule and Fair Debt Collections Act; Single Employer Doctrine
30. Difficult Clients; Fee Arbitration Between Lawyers & Clients; DocuSign; Reducing Punitive Damages
BONUS CONTENT: Interview with Steve Vartarzarian at the 2019 CAOC Convention in San Francisco
29. Attorney Fees in a Class Action; Waiver of a Jury Trial in an Agreement; Service on Government Entities; Interest Rates, Usury Laws, Referendums & How they Interact
BONUS CONTENT: Interview with Bill Shapiro at the 2019 CAOC Convention in San Francisco
BONUS CONTENT: Interview with Casey Johnson at the 2019 CAOC Convention in San Francisco
28. Involuntary Releases in Class Actions; The Death Knell Doctrine; Phelps Factors; Assembly Bill 9
BONUS CONTENT: Interview with Mary Alexander at the 2019 CAOC Convention in San Francisco
27. Arbitration Agreements; Fair Credit Reporting Act; Standing Under Article III; Right to Administrative Remedies; Distinctions Between Procedural & Substantive Unconscionability
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