Morris Polich & Purdy LLP Appellate Decisions
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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Franklin v. Merck & Co. 2007 WL 792233 (E.D.Cal. 2007)
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Robinson ex rel Tenn v. Merck & Co., Inc. 2007 WL 792356 (E.D.Cal. 2007)
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Nielsen v. Merck & Co., Inc. 2007 WL 755298 (N.D.Cal. 2007)
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Hogan v. Country Villa Health Services 148 Cal.App.4th 259 (2007)
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Advisors LLP v. Huitt-Zollars, Inc. 2007 WL 521385 (Cal.Ct.App. 2007)
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English v. Merck & Co., Inc. 2007 WL 516383 (E.D.Cal. 2007)
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Vantine v. Merck & Co., Inc. 2007 WL 516389 (E.D.Cal. 2007)
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Aventis Pharma S.A. v. Amphastar Pharmaceuticals, Inc. 475 F.Supp.2d 970 (C.D.Cal. 2007)
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Harris v. Merck & Co., Inc. 2006 WL 4056986, Prod.Liab.Rep. (CCH) P 17,646 (S.D.Cal. 2006)
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Weldy v. Merck & Co., Inc. 2006 WL 4056987, Prod.Liab.Rep. (CCH) P 17,647 (S.D.Cal. 2006)
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Santillan v. Merck & Co., Inc. 2006 WL 4056988, Prod.Liab.Rep. (CCH) P 17,648 (S.D.Cal. 2006)
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Silva v. Merck & Co., Inc. 2006 WL 4056989, Prod.Liab.Rep. (CCH) P 17,649 (S.D.Cal. 2006)
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Suder v. Merck & Co., Inc. 2006 WL 4056991, Prod.Liab.Rep. (CCH) P 17,653 (S.D.Cal. 2006)
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Suder v. Merck & Co., Inc. 2006 WL 4056992, Prod.Liab.Rep. (CCH) P 17,654 (S.D.Cal. 2006)
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Goldberg v. Merck & Co., Inc. 2006 WL 4056993, Prod.Liab.Rep. (CCH) P 17,651 (S.D.Cal. 2006)
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Brault v. Merck & Co., Inc. 2006 WL 3924223, Prod.Liab.Rep. (CCH) P 17,599 (S.D.Cal. 2006)
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Better Imaging Facilitators, Inc. v. St. Paul Fire and Marine Ins. Co. 2006 WL 3187150 (Cal.Ct.App. 2006)
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Chamberlain v. Merck & Co., Inc. 2006 WL 3201081, Prod.Liab.Rep. (CCH) P 17,615 (E.D.Cal. 2006)
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Beatty v. Merck & Co., Inc. 2006 WL 2943090, Prod.Liab.Rep. (CCH) P 17,614 (E.D.Cal. 2006)
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Grove v. Merck & Co., Inc. 2006 WL 2943158, Prod.Liab.Rep. (CCH) P 17,613 (E.D.Cal. 2006)
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Kelly v. Qualitest Pharmaceuticals, Inc. 2006 WL 2536627 (E.D.Cal. 2006)
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Balandran v. Labor Ready, Inc. 2006 WL 2130350 (Cal.Ct.App. 2006)
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McCray v. Garcia 2006 WL 1900873 (Cal.Ct.App. 2006)
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Adesina v. Aladan Corp. ., 438 F.Supp.2d 329, Prod.Liab.Rep. (CCH) P 17,504, (S.D.N.Y. 2006)
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Koenig v. Purdue Pharma Co. 435 F.Supp.2d 551 (N.D.Tex. 2006)
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Devers v. Merck & Co., Inc. 2006 WL 1377086 (E.D.Cal. 2006)
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Marschall v. Merck & Co., Inc. 2006 WL 1377097 (E.D.Cal. 2006)
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Breeden v. Superior Court 2006 WL 1010499 (Cal.Ct.App.2006)
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Kohlrautz v. Oilmen Participation Corp. 441 F.3d 827 (9th Cir. 2006)
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In re National Century Financial Enterprises, Inc. 342 B.R. 384 (6th Cir.BAP 2006)
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Franz v. Purdue Pharma Co. 2006 WL 455998 (D.N.H. 2006)
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Jesberg v. Baxter Healthcare Corp. 2006 WL 228872 (D.Minn. 2006)
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In re Vaccine Cases 134 Cal.App.4th 438 (2005)
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Polacsek v. Debticated Consumer Counseling, Inc. 413 F.Supp.2d 539 (D.Md. 2005)
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O'Connor v. Hertz 2005 WL 3106407 (Cal.Ct.App. 2005)
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Swartz v. Superior Court 2005 WL 3065963 (Cal.Ct.App. 2005)
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Lewis Jorge Const. Management, Inc. v. Olshan 2005 WL 2972989 (Cal.Ct.App. 2005)
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Garrison v. Superior Court 132 Cal.App.4th 253 (2005)
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Owen v. Labor Ready Inc. 146 Fed.Appx. 139, 2005 WL 1994417 (9th Cir. 2005)
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Aventis Pharma S.A. v. Amphastar Pharmaceuticals, Inc. 390 F.Supp.2d 952 (C.D.Cal. 2005)
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Vehicular Technologies Corp. v. Titan Wheel Intern., Inc. 2005 WL 1460296, 75 U.S.P.Q.2d 1661 (Cal.Ct.App. 2005)
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Aventis Pharma S.A. v. Amphastar Pharmaceuticals, Inc. 390 F.Supp.2d 936 (C.D.Cal. 2005)
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Zimmerman v. Cambridge Credit Counseling Corp. 409 F.3d 473, 95 A.F.T.R.2d 2005-2640 (1st Cir. 2005)
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In re Vaccine Cases 2005 WL 1274397 (Cal.Ct.App. 2005)
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Kanwal v. Rai 2005 WL 1275969 (Cal.Ct.App. 2005)
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Navarette v. Tuttle 2005 WL 713789 (Cal.Ct.App. 2005)
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Sebastian Intern., Inc. v. Russolillo 2005 WL 1323127 (C.D.Cal. 2005)
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Blumhorst v. Jewish Family Services of Los Angeles 126 Cal.App.4th 993 (2005)
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Matrix Motor Co., Inc. v. Toyota Motor Sales, U.S.A., Inc. 120 Fed.Appx. 30, 2005 WL 19534 (9th Cir. 2005)
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Weseloh Family LP v. K.L. Wessel Const. Co., Inc. 2004 WL 2943186 (Cal.App. 4 Dist.)
MPP represented Owen Engineering Group in a successful appeal. A property owner claimed that a retaining wall failure during a construction project caused over $6 million damage to its property. The property owner and its contractor sued MPP's clients, the engineers who had provided design calculations for the subcontractor who built the wall. MPP obtained summary judgment for the engineers. The Court of Appeal affirmed, holding that the engineers did not owe the property owner or the contractor a duty of care.
Weseloh Family Ltd. Partnership v. K.L. Wessel Const. Co. 125 Cal.App.4th 152 (2004)
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Balandran v. Labor Ready, Inc. 124 Cal.App.4th 1522 (2004)
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Clement v. Kaiser Foundation Health Plan, Inc. 2004 WL 3049753, Prod.Liab.Rep. (CCH) P 17,090 (C.D.Cal. 2004)
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United Community And Housing Development Corp. v. Ace Property And Cas. Ins. Co. 2004 WL 2633921 (Cal.Ct.App. 2004)
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Benun v. Superior Court 123 Cal.App.4th 113 (2004)
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Hughes v. Hughes 122 Cal.App.4th 931 (2004)
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Burden v. Johnson & Johnson Medical, Inc. 332 F.Supp.2d 1023 (S.D.Tex. 2004)
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Kramer v. Intuit Inc. 121 Cal.App.4th 574 (2004)
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Hermans v. Aviation Equipment, Inc. 2004 WL 1588251 (Cal.Ct.App. 2004)
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Taylor v. Kuwatch 2004 WL 1463046, (Cal.Ct.App. 2004)
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Zimmerman v. Cambridge Credit Counseling Corp. 322 F.Supp.2d 95 (D.Mass. 2004)
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Country Villa Claremont Healthcare Center, Inc. v. Superior Court 120 Cal.App.4th 426 (2004)
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Hill v. City of Santa Monica 2004 WL 1089208 (Cal.Ct.App. 2004)
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Williams v. Russ 2004 WL 846786 (Cal.Ct.App. 2004)
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Boyer v. Conlon 2004 WL 744197 (Cal.Ct.App. 2004)
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Wilshire State Bank v. St. Paul Mercury Ins. Co. 2004 WL 742343 (Cal.Ct.App. 2004)
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Zamboni v. Aladan Corp. 304 F.Supp.2d 218 (D.Mass. 2004)
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Cummings v. Gunzer 2004 WL 51943 (Cal.Ct.App. 2004)
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Alexakis v. County of Los Angeles 2004 WL 26891 (Cal.Ct.App. 2004)
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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.
La Jolla Beach and Tennis Club, Inc. v. Industrial Indemnity Co. 9 Cal.4th 27, 36 Cal.Rptr.2d 100, 884 P.2d 1048
In a major coverage ruling, the Court, in a unanimous opinion, agreed that a workers' compensation insurer has no duty to defend a former employee's civil suit alleging wrongful termination in violation of public policy.
Christensen v. Superior Court 54 Cal.3d 868, 2 Cal.Rptr.2d 79, 820 P.2d 181
Leading California Supreme Court case on third party standing to sue for monetary damages on emotional distress theories, including action for intentional infliction of emotional distress.
Elsworth v. Beech Aircraft Corp. 37 Cal.3d 540, 208 Cal.Rptr. 875, 691 P.2d 630
In matter of first impression nationwide, opinion holds that state trial court can hold aircraft manufacturer civilly liable based on theory of defective certification of its aircraft by the FAA.
Signal Companies, Inc. v. Harbor Ins. Co. 27 Cal.3d 359, 165 Cal.Rptr. 799, 612 P.2d 889
Leading opinion on duty of excess insurance carriers to pay defense costs when primary insurance carrier has not paid policy limits.
Campbell v. Southern Pacific Co. 22 Cal.3d 51, 148 Cal.Rptr. 596, 583 P.2d 121
Discusses civil liability for torts of independent contractor.
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.
Castellani v. 21st Century Ins. Co. 2003 WL 57989 (Cal.App. 2 Dist.)
After a former officer of an insurance company had been found by a jury to have breached his fiduciary duties to the insurer by disseminating to a third party confidential information on a pending case against the insurer, MPP successfully demurred to the former officer’s malicious prosecution complaint. The Court of Appeal affirmed.
Butler v. Superior Court 104 Cal.App.4th 979, 128 Cal.Rptr.2d 403 (Cal.App. 2 Dist.)
The trial court departed from the Court of Appeal’s directions on remand. A writ was subsequently issued to compel compliance with the Court of Appeal’s instructions.
Velazquez v. Metropolitan Water Dist. 2002 WL 31820222 (Cal.App. 4 Dist.)
Laborer suffered massive electric shock when a crane operator accidentally put the boom into contact with overhead powerlines, causing a vibrating rack connected to the boom and guided by the laborer to become electrically charged. Court of Appeal affirmed summary judgment on behalf of the OCIP [owner-controlled insurance program] on-site broker under the doctrine of “retained control,” but reversed summary judgment on a “negligent undertaking theory.”
Karasiuk v. ESC Systems, Inc. 2002 WL 31813070 (Cal.App. 2 Dist.)
Court of Appeal affirmed a jury verdict in favor of a former medical laser equipment salesman who resigned after his employer failed to put an end to other salespersons’ false statements about the plaintiff’s competence and ethics.
Palos Verde Homes Ass'n v. Mittal 2002 WL 31518878 (Cal.App. 2 Dist.,)
A homeowners’ association obtained an injunction against a homeowner to enforce a rear-yard setback. On appeal, MPP successfully got the injunction reversed.
Cooper v. House of Blues Entertainment 2002 WL 31248870 (Cal.App. 2 Dist.)
A concert patron was shot by an unknown assailant in the driveway of a nightclub after a fight erupted as patrons were leaving a concert. The Court of Appeal affirmed a summary judgment in favor of the nightclub, agreeing with MPP that there were no triable issues of causation arising out of either the nightclub’s deployment of sheriff’s deputies or the nightclub’s weapons screening procedures for patrons.
Donfeld, Kelly & Rollman v. Bass 2002 WL 31160867 (Cal.App. 2 Dist.)
MPP successfully represented a law firm that obtained a fee award against a former client (also an attorney) who had discharged the law firm after the law firm had obtained a substantial mediation award for the client.
Vivas v. Leigh 2002 WL 1162207 (Cal.App. 2 Dist.)
MPP successfully represented a landlord sued by a tenant after the tenant fell on the landlord’s property. The Court of Appeal found sufficient evidence to support the jury’s verdict in favor of the landlord.
FSR Brokerage, Inc. v. Superior Court 2002 WL 560983 (Cal.App. 2 Dist.)
MPP persuaded the Court of Appeal to issue a writ to compel a mold inspection in a dispute between a home purchaser and the seller and seller’s agents.
Axen v. Schlosser 2002 WL 453604, 67 Cal. Comp. Cases 365 (Cal.App. 2 Dist.)
MPP represented the assignee of plaintiff’s employer’s workers’ compensation carrier. In a dispute between the plaintiff’s attorney and MPP’s client over, among other things, the amount of attorney’s fees payable to plaintiff’s attorney, the Court of Appeal held that the contingency fee agreement between the injured employee and his attorney was not binding against the employer’s assignee.
Aerojet-General Corp. v. American Excess Ins. Co. 97 Cal.App.4th 387, 117 Cal.Rptr.2d 427, Previously published at: 96 Cal.App.4th 665, (Cal. Rules of Court, Rules 976, 977, 979), 32 Envtl. L. Rep. 20,533 (Cal.App. 3 Dist.)
In an insurance coverage dispute, the Court of Appeal held that a prior declaratory relief judgment that liability insurers (including MPP’s client) owed no duty to defend or indemnify the insured for pollution liability was res judicata as to the insured’s subsequent suit against the same insurers.
Bechtel Petroleum Operations, Inc. v. Continental Ins. Co. 117 Cal.Rptr.2d 399, Review Granted, Previously published at: 96 Cal.App.4th 571 (Cal.App. 2 Dist.)
This insurance coverage appeal concerns the interpretation of a pollution exclusion arising out of lawsuits brought by subcontractors’ employees for exposure to toxic chemicals at a worksite. It is currently pending in the California Supreme Court.
Phillips v. Mahle 2002 WL 111357 (Cal.App. 2 Dist.)
The Court of Appeal affirmed dismissal as a terminating sanction for a plaintiff’s repeated and willful failures to comply with discovery.
Alvarado v. Metropolitan Water Dist. Southern California, 2002 WL 53701 (Cal.App. 4 Dist.)
MPP successfully represented the Metropolitan Water District of Southern California (MWD) in a wrongful death case. A contractor’s employee was killed during an excavation. The Court of Appeal affirmed a summary judgment in favor of the MWD, holding that the MWD did not retain sufficient control over the excavation to impose liability.
City of Glendale v. Superior Court 95 Cal.App.4th 1266, 116 Cal.Rptr.2d 16 (Cal.App. 2 Dist.)
MPP successfully represented a municipality seeking punitive damages against a private attorney retained by the municipality to recover eminent domain funds. The private attorney had defrauded the municipality, and the Court of Appeal issued a writ commanding the trial court to reinstate the punitive damages claim.
Wyman v. Fenton 2001 WL 1203424 (Cal.App. 2 Dist.)
MPP successfully represented Pharmacia & Upjohn Company in a steroid ingestion case. The Court of Appeal affirmed a summary judgment in favor of Pharmacia under California’s “learned intermediary” doctrine.
Morson v. Superior Court 90 Cal.App.4th 775, 109 Cal.Rptr.2d 343 (Cal.App. 4 Dist.)
MPP successfully represented Aladan Corporation in a writ proceeding in which several users of latex gloves unsuccessfully sought to apply California’s consumer expectations test for the existence of a design defect.
First State Ins. Co. v. Superior Court 79 Cal.App.4th 324, 94 Cal.Rptr.2d 104 (Cal.App. 2 Dist.)
The Court of Appeal issued a writ invalidating a trial court’s case management order that restricted and conditioned the parties’ statutory right to seek summary judgment. MPP represented one of the successful petitioners.
Travelers Cas. & Sur. Co. v. Superior Court 63 Cal.App.4th 1440, 75 Cal.Rptr.2d 54 (Cal.App. 6 Dist.)
The Court of Appeal, in a writ proceeding, set forth the burden of proof regarding the pollution exclusion in coverage disputes and authorized the use of secondary evidence to prove policy terms. MPP represented the successful petitioner.
Travelers Insurance Company v. Superior Court 63 Cal.App.4th 460, 75 Cal.Rptr.2d 54
Writ issued directing trial court to grant summary judgment and holding that the burden of proving exception to the pollution exclusion in liability policies lies with the insured, not with the insurance company.
Rohr Industries, Inc. v. First State Insurance Co. 59 Cal.App.4th 1480, 69 Cal.Rptr.2d 872
Case discusses equitable contribution principles involving settling and non-settling co-insurers.
Armstrong World Industries, Inc. v. Aetna Casualty & Surety Co. 45 Cal.App.4th 1, 52 Cal.Rptr.2d 690
Appeal from 6-phase declaratory relief trial involving three asbestos manufacturers and their various insurers.
Home Ins. Co. v. Superior Court 46 Cal.App.4th 1286, 54 Cal.Rptr.2d 292
Significant insurance coverage decision of first impression concerning discovery of settlement information by nonsettling excess insurer.
Robbins v. Hamburger Home for Girls 32 Cal.App.4th 671, 38 Cal.Rptr.2d 534
For the first time in California, opinion recognizes that shelters have a qualified privilege to not disclose their address to suspected abusers where the victim seeks temporary refuge at the shelter.
20th Century Insurance Co. v. Superior Court 28 Cal.App.4th 666, 33 Cal.Rptr.2d 674
We challenged a local policy that, as applied, resulted in the rejection of our client's notice of appeal; on further review, the Court of Appeal invalidates the policy of the Los Angeles Superior Court Appellate Department governing when the time within which a notice of appeal must be filed.
Artiglio v. Superior Court 22 Cal.App.4th 1388, 27 Cal.Rptr.2d 589
A writ proceeding upholding the dismissal of strict liability claims based on design defect against manufacturers of breast implant devices.
Bryant v. County of Los Angeles 26 Cal.App.4th 919, 32 Cal.Rptr.2d 285
Opinion holds that police officers and the County of Los Angeles are statutorily immune from liability for injuries arising out of a police vehicle pursuit.
Jefferson v. Qwik Korner Market, Inc 28 Cal.App.4th 990, 34 Cal.Rptr.2d 171
Court of Appeal holds that a store, which has a parking lot with concrete wheelstops and a curb separating the parking lot from the storefront, was under no duty to erect additional barriers to protect patrons from the possibility that a vehicle would jump.
Quemetco Inc. v. Pacific Automobile Insurance Co. 24 Cal.App.4th 494, 29 Cal.Rptr.2d 627
In a case of first impression in California, the opinion holds that the benefits of an insurance policy issued to a transferor corporation do not pass to the transferee corporation by operation of law upon a sale of all assets and liabilities.
Aerojet-General Corp. v. Transport Indemnity Insurance 18 Cal.App.4th 996, 22 Cal.Rptr.2d 862
Opinion discusses scope of attorney-client privilege in context of documents inadvertently disclosed in litigation.
Handy v. First Interstate Bank 13 Cal.App.4th 917, 16 Cal.Rptr.2d 770
In a case arising out of the aftermath of the celebrated fire in the 62-story First Interstate Bank tower, the Court of Appeal holds that an arbitrator who is called upon to decide the reasonableness of insurance defense costs cannot also decide insurance coverage issues such as whether an excess insurer has a duty to defend the underlying lawsuits.
Lua v. Southern Pacific Transportation Co. 6 Cal.App.4th 1897, 9 Cal.Rptr.2d 116
Important opinion on negligence per se; we successfully obtained the reversal of a jury verdict because the trial judge improperly created a civil duty of care from state administrative regulations, which required grade crossings to be cleared within 10 minutes.
Mullins v. Mayflower Ins. Co. 9 Cal.App.4th 416, 11 Cal.Rptr.2d 635
Opinion establishes the scope of uninsured motorist coverage for accidents, which are connected to a motor vehicle, but which do not occur in or about the motor vehicle.
Coy v. County of Los Angeles 235 Cal.App.3d 1077, 1 Cal.Rptr.2d 215
In matter of first impression, Court of Appeal construed statute of limitations for lawsuits against governmental entities arising out of property that was lawfully seized during police search, but never returned.
In Re Cowan 230 Cal.App.2d 1281, 281 Cal.Rptr. 740
Opinion holds that affidavit setting forth facts supporting an indirect contempt charge is jurisdictional.
Alicia T. v. County of Los Angeles 222 Cal.App.3d 869, 271 Cal.Rptr. 513
Court of Appeal holds that county social workers are absolutely immune from civil liability in connection with their investigation of child abuse and instigation of dependency hearings.
Buehler v. Alpha Beta Co. 224 Cal.App.3d 729, 274 Cal.Rptr. 14
Court of Appeal affirms summary judgment in premises liability case and establishes criteria for trial judge's determination on sufficiency of evidence of notice and defect and when issue can be resolved as a question of law.
Elene H. v. County of Los Angeles 220 Cal.App.3d 1445, 269 Cal.Rptr. 783
Court of Appeal affirms summary judgment for sheriff's deputies in child abuse case brought by parents to whom child was subsequently returned.
Leighton v. Old Heidelburg, Ltd. 219 Cal.App.3d 1062, 268 Cal.Rptr. 647
In matter of first impression nationwide, court upholds our position that restaurant legally may require waiters and waitresses to pool their tips with other restaurant employees without violating statutory prohibitions against employer control of tipping, and without incurring civil liability for wrongful termination.
Rivera v. Southern Pacific Transportation Co. 217 Cal.App.3d 294, 266 Cal.Rptr. 11
Opinion drastically expands scope of statutory immunity in Civil Code section 1714.7, which protects railroads from liability to train hoppers.
Wiley v. Southern Pacific Transportation Co. 220 Cal.App.3d 177, 269 Cal.Rptr. 240
Appellate court holds that a child's contributory negligence must be applied to limit his medical recovery, even though such medical expenses were paid by his parent.
Aerojet-General Corp. v. San Mateo County Superior Court 211 Cal.App.3d 216, 257 Cal.Rptr. 621
Opinion discusses insurance coverage for toxic waste sites.
Coats v. K-Mart Corp. 215 Cal.App.3d 961, 264 Cal.Rptr. 12
Opinion affirms nonsuit in wrongful death action because of failure of heirs to prove their right to recover.
Duckett v. Superior Court 207 Cal.App.3d 1419, 255 Cal.Rptr. 733
Opinion interprets the application of the three-year statute for service of process in civil actions to litigants who enter separate appearances in complaints filed by an injured employee and in separate complaints-in-intervention filed by the employee.
Estate of MacLeod 206 Cal.App.3d 1235, 254 Cal.Rptr. 156
Opinion clarifies requirements for holographic wills in light of statutory amendments.
Hallmark Insurance Co. v. Superior Court 201 Cal.App.3d 1014, 247 Cal.Rptr. 638
Opinion establishes that the time of an "occurrence" within the meaning of an insurance policy is the date of the bodily injury, not the date a defective product is manufactured.
Pasadena Star-News v. Superior Court 203 Cal.App.3d 131, 249 Cal.Rptr. 156
Case involves liability of newspapers and sheriff's department for publicizing hoax about infant who was found under mysterious circumstances.
Brake v. Beech Aircraft Corp. 184 Cal.App.3d 930, 229 Cal.Rptr. 336
Opinion affirms defense verdict in airplane crash case and refuses to apply doctrine of collateral estoppel despite plaintiff's verdict in previous aircraft case involving similar claim of defectively designed wing.
City of Pomona v. Superior Court 182 Cal.App.3d 1093, 227 Cal.Rptr. 714
Only opinion to interpret the governmental immunity in Government Code section 866 for actions taken to abate hazardous conditions caused by gradual earth movement.
Winterburn v. City of Pomona 186 Cal.App.3d 878, 231 Cal.Rptr. 105
Opinion applies the governmental immunity in Government Code section 831.2 to bar wrongful death action arising out of cave-in on greenbelt.
Abellon v. Hartford Insurance Co. 167 Cal.App.3d 21, 212 Cal.Rptr. 852
Issue was whether spouse's claim for loss of consortium is subject to a "per person" liability limitation or a "per occurrence" limitation under a general liability insurance policy.
Harbor Ins. Co. v. Central National Ins. Co. 165 Cal.App.3d 1029, 211 Cal.Rptr. 902
Opinion establishes when the tort of malicious prosecution "occurs" for purposes of apportioning insurance coverage among various insurance carriers which provided liability insurance to the defendant in the malicious prosecution action.
Twohig v. Briner 168 Cal.App.3d 1102, 214 Cal.Rptr. 729
Addresses duty of automobile driver and owner to provide seat belts to a passenger.
Bracisco v. Beech Aircraft Corp. 159 Cal.App.3d 1101, 206 Cal.Rptr. 431
This appeal discussed the propriety of jury instructions addressing the burden of proof in product liability actions alleging design defects against manufacturers.
Harris v. Trojan Fireworks Co. 155 Cal.App.3d 830, 202 Cal.Rptr. 440
Opinion holds that business establishment is not vicariously liable for employee drinking of alcohol on a "course and scope of employment" theory unless employer actually furnishes the alcohol to the inebriated employee.
Bergman v. St. Louis Southwestern Railway Co. 132 Cal.App.3d 560, 185 Cal.Rptr. 150
Opinion articulates standards for granting judgments notwithstanding the verdict based upon the permissible inferences which can be drawn from the evidence before the jury.
McElhaney v. Cessna Aircraft Co. 134 Cal.App.3d 285, 184 Cal.Rptr. 547
Opinion reviews power of trial judge to dismiss action for violation of court orders involving discovery sanctions.
Del Mar Beach Club Owners Assn. v. Imperial Contracting Co. 123 Cal.App.3d 898, 176 Cal.Rptr. 886
Opinion holds that architects and engineers are not strictly liable to managerial association of condominium project for erosion damage.
Ford Motor Co. v. Home Ins. Co. 116 Cal.App.3d 374, 172 Cal.Rptr. 59
Major opinion, arising out of celebrated "exploding Pinto" case (in which the jury originally returned with a punitive verdict against an automobile manufacturer for over $100 million); we represented the major group of excess insurers in obtaining a declaratory judgment that the verdict was not insurable.
Armco Steel Corp. v. Roy H. Cox Co. 103 Cal.App.3d 929, 163 Cal.Rptr. 330
Leading case interpreting contractual indemnity agreement.
California Physicians' Service v. Superior Court 102 Cal.App.3d 91, 162 Cal.Rptr. 266
Major decision on health insurer's standing to intervene as a matter of right in medical malpractice action by one of its subscribers.
Conejo Valley Unified School District v. William Blurock & Partners, Inc. 111 Cal.App.3d 983, 169 Cal.Rptr. 102
Appeal concerns ability to arbitrate construction dispute among architects, general contractor and school district.
Durham v. City of Los Angeles 91 Cal.App.3d 567, 154 Cal.Rptr. 243
Decision established constitutionality of statutory immunity against equal protection challenge.
Musgrove v. Ambrose Properties 87 Cal.App.3d 44, 150 Cal.Rptr. 722
Key case on new trial orders and on necessity for trial court to independently reweigh the evidence when it concurrently grants a judgment notwithstanding the verdict.
Lostritto v. Southern Pacific Transportation Co. 73 Cal.App.3d 737, 140 Cal.Rptr. 905
Opinion applies recreational use immunity to locale that did not have any recreational benefits to the public.
Pease v. Beech Aircraft Corp. 38 Cal.App.3d 450, 113 Cal.Rptr. 416
Opinion holds that punitive damages cannot be awarded in statutory wrongful death case.
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.
Branson v. Nott (9th Cir. 1995) 62 F.3d 287
In a second generation lawsuit against the Court of Appeal justices, trial court judge and clerk, among others, the Ninth Circuit affirms the dismissal of plaintiff's due process attack on the state court trial and appellate systems.
Martel v. County of Los Angeles (9th Cir. 1995) (en banc) 56 F.3d 993
Decision confirms the principle that an appellant must prove actual and substantial prejudice to obtain a reversal on appeal, notwithstanding the claim of inherent prejudice arising out of a district court mandating speedy disposition of cases and setting cases for trial three months after date of first answer.
Cubic Corp. v. Insurance Co. of North America (9th Cir. 1994) 33 F.3d 34
In an action brought by an insured against several insurers for failure to defend, the Ninth Circuit held that insurers had no duty to defend insured charged with unfair business practices under general liability policies, which provided coverage for advertising injury.
Thomas v. County of Los Angeles (9th Cir. 1992) 978 F.2d 504
In a major victory for governmental entities, the Ninth Circuit reversed a sweeping preliminary injunction against the L.A. County Sheriff's Department as overly broad and as unsupported by a factual record.
Hydro Systems, Inc. v. Continental Ins. Co. (9th Cir. 1991) 929 F.2d 472
Affirming 717 F. Supp. 700 - opinion holds that the "absolute pollution" exclusion applies to efforts by industry to comply with municipal abatement order.
Porter v. Martinez (9th Cir. 1991) 941 F.2d 732
Opinion examines propriety of dismissing a federal civil rights action for failure to comply with discovery orders.
Branson v. City of Los Angeles (9th Cir. 1990) 912 F.2d 334
Ninth Circuit dismisses plaintiff's appeal in federal civil rights suit against municipal court judge.
Ellison v. Shell Oil Co. (9th Cir. 1989) 882 F.2d 349
Ninth Circuit, in reversing directed verdict, holds that the doctrine of nondelegable duty does not bar an equitable indemnity action against a major industry whose independent negligence contributed to the loss.
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.
Aetna Cas. & Sur. Co. v. Dannenfeldt (D.Ariz. 1991) 778 F. Supp. 484
In this insurance coverage action, excess general liability insurers including our client successfully defeated claims for coverage of lawsuits arising out of the infamous Charles Keating/Lincoln Savings and Loan scandal.
Asian American Business Group v. City of Pomona (C.D. Cal. 1989) 716 F. Supp. 1328
Opinion concerns constitutionality of municipal sign ordinance requiring public signs to include English language characters.
Morris v. Parke, Davis & Co. (C.D. Cal. 1987) 667 F. Supp. 1332
Restricts right of plaintiff, allegedly injured by DPT vaccine, to bring claim based on implied warranty against the drug manufacturer.
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.