Bernstine v. Merck & Co., Inc. 2007 WL 1217589 (E.D.Cal. 2007)
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Nielsen v. Merck and Co. 2007 WL 806510 (N.D.Cal. 2007)
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Franklin v. Merck & Co., Inc. 2007 WL 791843 (E.D.Cal. 2007)
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California

California Supreme Court

Aas v. Superior Court 24 Cal.4th 627, 12 P.3d 1125, 101 Cal.Rptr.2d 718.
The California Supreme Court held that homeowners and a homeowners’ association may not recover damages in negligence from a developer, contractor and subcontractor where there is no property damage. MPP appeared as amicus on behalf of one of the prevailing parties.

Artiglio v. Corning Inc. 18 Cal.4th 604, 957 P.2d 1313, 76 Cal.Rptr.2d 479.
MPP successfully represented the Dow Chemical Company in this silicone gel breast implant case. The California Supreme Court held that researchers who provide manufacturers of medical products with human toxicology research cannot be held liable under California’s “negligent undertaking” theory where the risk of physical harm to plaintiffs at the time of the research was unforeseeable.

Aerojet-General Corp. v. Transport Indemnity Co. 17 Cal. 4th 38, 70 Ca1.Rptr.2d 118, 948 P.2d 909
Upheld jury determination that plaintiff's environmental cleanup was not subject to insurance coverage and defined certain defense obligations owed by insurers.

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California Courts of Appeal

LeBeau v. Roxane Laboratories, Inc. 2003 WL 21054640 (Cal.App. 4 Dist.)
MPP represented Pharmacia & Upjohn Company in a successful appeal from the grant of summary judgment in a steroid ingestion case. Plaintiff failed to raise a triable issue as to the adequacy of Pharmacia’s warnings.

Nesbitt v. Tutor-Saliba Corp. 2003 WL 1735492, 68 Cal. Comp. Cases 618 (Cal.App. 2 Dist.)
Plaintiff fell through recently-installed bulletproof window paneling while applying finishing tape to drywall. Court found triable issues as to whether the general contractor retained control over the premises that affirmatively contributed to plaintiff’s injuries.

Williams v. Rizvi 2003 WL 165017 (Cal.App. 5 Dist.)
MPP represented Boston Scientific Corporation in a successful appeal from a defense jury verdict in a case involving the Protegen Sling, a synthetic medical device inserted into a patient to stabilize bladder function.

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Federal

Ninth Circuit

Carson Harbor Village, Ltd. v. Unocal Corp. (9th Cir. 2001) 270 F.3d 863, 53 ERC 1321, 32 Envtl. L. Rep. 20,180
In a case decided by the en banc Ninth Circuit, the Court agreed with MPP that the gradual passive migration of contaminants through soil is not a “disposal” under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).

Thompson v. Mahre (9th Cir. 1997) 110 F.3d 716
We were appellate counsel for over 200 cities who were amici curiae in a federal civil rights action, which after a protracted history, including multiple appeals, resulted in the successful defense of a police officer who led a team executing a drug search warrant. In addition to filing an amicus brief in the Ninth Circuit Court of Appeals, we filed an amicus brief with the United States Supreme Court supporting the police officer's earlier effort to obtain a pre-trial dismissal.

Reynolds v. County of San Diego (9th Cir. 1996) 84 F.3d 1162, affirming 858 F. Supp. 1064
In a comprehensive opinion affirming a summary judgment in favor of a deputy sheriff sued in a federal civil rights action, the Ninth Circuit Court of Appeals holds that where a suspect is armed and in close proximity to the officer, the officer may use deadly force to defend himself.

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District Court

Carson Harbor Village, Ltd. v. Unocal Corp. (C.D. Cal. 1997) 990 F. Supp. 1188
Grant of summary judgment in case involving alleged violations of federal and state environmental laws.

Sanderson v. IFF (C.D.Cal. 1996) 950 F. Supp. 981
Granted summary judgment in a products liability action filed by a woman who claimed that she was injured by exposure to various fragrance products, and rejected plaintiff's efforts to introduce expert scientific evidence in view of the recent United States Supreme Court decision in Daubert.

Roberts Oil Co. v. Transamerica Ins. Co. (N.M. 1992) 113 N.M. 745, 833 P.2d 222
In an environmental coverage case, New Mexico Supreme Court requires reconsideration of impact of insured's breach of voluntary payment clause in policy when insured assumed responsibility for abating environmental contamination.

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Out-of-State

Daniel, Mann, Johnson, & Mendenhall v. Hilton Hotels. Corp. (Nev. 1982) 98 Nev. 113, 642 P.2d 1086
In a critical victory for design professionals, the Nevada Supreme Court refused to hold them absolutely liable for all damages that resulted from the delayed completion of a major construction project.

Beech Aircraft Corp. v. Harvey (Alaska 1976) 558 P.2d 879
A closely divided Alaska Supreme Court affirmed a money verdict in an air crash case in which the trial judge erroneously had admitted hearsay statements from an eyewitness to the crash.

In Re Pennsylvania Life Co. Securities Litigation (Judicial Panel on Multidistrict Legislation, 1975) 389 F. Supp. 981
We were involved in successfully convincing the federal courts to transfer to the local California courts most federal cases arising out of the massive fraud and insider trading schemes committed by executives of the Pennsylvania Life Company.

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