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HTMLCalifornia Appellate Court Limits Liability under California’s Medical Confidentiality Act for Disclosure of Medical Information
Jeremy L. Ross, Ian A. Stewart, Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 2, 2014, previously published on September 22, 2014
In what should be considered a win for the defense, the California Third Appellate Court recently overturned the lower court’s denial of a motion to dismiss a class action lawsuit seeking $4 billion in damages under California’s Medical Confidentiality Act (the Act) due to the alleged...

 

HTMLCalifornia Supreme Court Holds Design Professionals Owe a Duty of Care to Future Homeowners
John R. Clifford, Edward P. Garson, Ian A. Stewart; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
July 18, 2014, previously published on July 11, 2014
The California Supreme Court in Beacon Residential Community Association v. Skidmore, Owings and Merrill LLP (July 3, 2014), held - based on common law principles - that an architect owes a “duty of care” to future homeowners in the design of a residential building. (July 3, 2014), held...

 

HTMLCalifornia Protects Minors from the Internet by Imposing Restrictions on Online Marketing or Advertising of Products Minors Cannot Legally Purchase
D. Victoria LaBrie, Ian A. Stewart; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
December 13, 2013, previously published on December 6, 2013
Operators of Internet websites and online services, online applications or mobile applications (online media) will be prohibited from targeting minors with advertisements for goods that a minor cannot legally purchase and services in which a minor cannot legally engage. The new restrictions are set...

 

HTMLCourt Confirms the Limited Duty of an Insurance Broker to Procure Only Coverage Requested by the Insured
John R. Clifford, Edward P. Garson, Ian A. Stewart; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 11, 2013, previously published on November 8, 2013
Recently, in San Diego Assemblers v. Work Comp for Less Insurance Services, Inc. (October 4, 2013, CA Court of Appeal, Fourth Appellate District), the court upheld the granting of summary judgment on behalf of a broker on the grounds that it breached no legal duty to its client. The court rejected...

 

HTMLCalifornia Appellate Court Expands Rights to Homeowners in Construction Defect Cases beyond Remedies Provided in the California Right to Repair Act
John R. Clifford, Edward P. Garson, Ian A. Stewart; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
September 23, 2013, previously published on September 19, 2013
On August 28, 2013, the California Appellate Court (Fourth District) issued its ruling in the case of Liberty Mutual Insurance Company v. Brookfield Crystal Cove LLC (Case No. GO46731). Liberty Mutual filed suit against Brookfield to recover relocation expenses that it paid on behalf of its insured...

 

Adobe PDFCalifornia Appellate Court Confirms Cap on Past Medical Expenses Applies to Medicare Payments and Should Be Imposed before Further Reductions for Contributory Negligence
John R. Clifford, Edward P. Garson, Laura P. Kelly, Ian A. Stewart; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
May 1, 2013, previously published on April 25, 2013
In Luttrell v. Island Pacific Supermarkets, Inc. (April 8, 2013, A134089), California’s First District Court of Appeal held that Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541 specifically applies to limit a plaintiff’s recovery of past medical expenses to the...

 

HTMLNo Recovery for Emotional Distress If Claimant Had No Contemporaneous Awareness That Defective Product Was Cause of Injury
John R. Clifford, Edward P. Garson, Ian A. Stewart; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
January 31, 2013, previously published on January 25, 2013
The California Court of Appeal has clarified that the rules for a bystander’s recovery for the emotional distress of witnessing a loved one’s injury or death requires a contemporaneous perception of what caused the injury. This can be particularly relevant in a product liability case...

 

HTMLCA Court of Appeal Holds Design Professionals Owe a Duty of Care to Condo Homeowners for Professional Negligence
John R. Clifford, Edward P. Garson, Ian A. Stewart; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
December 26, 2012, previously published on December 20, 2012
In Beacon Residential Community Association v. Skidmore, Owings and Merrill LLP (December 14, 2012), the trial court sustained the demurrer (a response in a court proceeding in which the defendant does not dispute the truth of the allegation but claims it is not sufficient grounds to justify legal...

 

HTMLCalifornia Appellate Court Extends "Completed and Accepted” Doctrine to Architects’ Field Operations
John R. Clifford, Edward P. Garson, Ian A. Stewart; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 9, 2012, previously published on November 7, 2012
In Neiman v. Leo A. Daly Company B234537 (October 30, 2012), the California Court of Appeal, Second Appellate District affirmed the granting of a motion for summary judgment on behalf of an architect based on an affirmative defense of the “completed and accepted” doctrine. Plaintiff,...

 

HTMLCalifornia Legislature Limits Depositions in Civil Cases to Seven Hours
John R. Clifford, Edward P. Garson, Ian A. Stewart; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
September 27, 2012, previously published on September 20, 2012
California has added section 2025.290 to the Code of Civil Procedure, which limits a deposition to “seven hours of total testimony.” The new law will go into effect on January 1, 2013. The seven hours does not include examination by the witness’s own counsel. The limitation may be...

 


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