Multi-Million Dollar California Verdict Affirmed Despite Questionable Causation
3/6/18
By: Theodore C. Peters
Proof of causation is a frequently debated topic in tort cases where the battle between “possible” and “probable” is bitterly fought. Tort victims are left empty-handed unless they can sufficiently demonstrate the causal connection between the …
Using Summary Judgment during the Arbitration Process
2/22/18
By: Erin E. Lamb
Many attorneys assume that once a case is in private arbitration, dispositive motions are against the rules and are no longer a useful tool to resolve cases. How could an arbitrator have the power to consider …
2/21/18
By: David M. Daniels
With Contribution By: Jason C. Dineros
The Obama Administration’s federal enforcement relaxations for marijuana use in 2013, brought with it the development of a viable market industry from what was previously looked upon as taboo—akin to …
Leaked DOJ Memo Unearths New Strategy in Qui Tam Cases
2/13/18
By: Samantha L. Skolnick
On January 10, 2018, an internal Department of Justice memorandum (the “Granston Memo”) was leaked to the public, turning heads. The Granston Memo included an in-depth analysis of the DOJ’s position on evaluating dismissals pursuant to …
Eleventh Circuit Rules Florida Strict Liability and Negligence Claims Not Preempted by the MDA
2/12/18
By: Robyn Flegal
A panel of the Eleventh Circuit determined in a February 8, 2018 published decision that a Florida district court erred when it ruled that a husband’s claims, brought against a medical device manufacturer after its Life Vest …
Will Innocent Sellers Catch a Break?
1/12/18
By: Jeremy W. Rogers
In a products liability case, any party along the line of distribution, from the design and manufacture, all the way down to the seller, may be held liable to a party injured from use of a …
1/10/18
By: Jason C. Dineros
This past Thursday, Attorney General Jeff Sessions rescinded the Obama-era’s relaxations for federal prosecutors of marijuana enforcement. This comes only four days into California’s open recreational use market, and potentially halts what has grown into a …
Self-Driving Vehicles and their Anticipated Impacts
1/9/18
By: Courtney Mazzio
Self-driving vehicles are quickly bursting onto the scene and federal regulatory bodies are ever-evolving policies with an effort caught in a tug of war between accelerating the development of the technology and encouraging safety. In September 2016 …
DOL To Rescind 2011 Tip-Pooling Regulations
12/19/17
By: Timothy J. Holdsworth
In 2011, the U.S. Department of Labor (“DOL”) revised its regulations to support its position that the Fair Labor Standards Act (“FLSA”) requires that tipped employees retain all their tips regardless of whether the employer takes …
What Does Your Video Watching Behavior Say About You?
12/18/17
By: Jonathan Romvary
A federal court recently determined that the sharing of an individual’s device identification number and the videos watched does not violate federal privacy laws. In Eichenberger v. ESPN, Inc. , 2017 BL 427074, 9th Cir., No. 15-35449 …
Will the Las Vegas Tragedy Change the Hospitality Industry?
12/8/17
By: America Vidana
Hundreds of victims of the October 1, 2017 mass shooting in Las Vegas have filed several suits in both California and Nevada courts against Mandalay Bay, MGM Resorts and LiveNation. The victims accused the hotel operator, MGM …
Flip It and Reverse It: The Outside Reverse Veil Piercing Theory Gains Ground in California
11/28/17
By: Kristin A. Ingulsrud
California’s Fourth Appellate District has determined that “outside reverse veil piercing” may be a means of reaching a Limited Liability Company’s assets. In Curci Investments, LLC v. Baldwin (2017) 14 Cal.App.5th 214, the court held that …