May 29, 2014 | Author: David L. Blinn Issue By: David L. Blinn Patrick Cottini v. Enloe Medical Center Court of Appeal, Third District (May 21, 2014) Under the Code of Civil Procedure, parties in a civil case may be asked to provide disclosures of expert witness testimony they intend to offer in trial. This…

May 22, 2014 | Author: Karen Moore Issue By: Karen L. Moore City of Pomona v. SQM North America Corporation Court Of Appeals, Ninth Circuit Nos. 12-55147, 12-55193 (May 2, 2014) Under Federal Rule of Evidence (“FRE”) 702, expert witness testimony must meet certain criteria to be admissible. In Daubert v. Merrill Dow Pharmaceuticals (1993)…

May 19, 2014 | Author: Guy W. Stilson Kesner v. Pneumo Abex, LLC California Court of Appeal, First Appellate District (May 15, 2014) 226 Cal.App.4th 251 On May 15, 2014, the Court of Appeal answered a question which has been asked repeatedly since the Second District Court of Appeal published a decision in Campbell v….

May 15, 2014 | Author: Laura S. Flynn Issue By: Laura S. Flynn Linda Hopkins v. Jurek Kedzierski as Trustee, etc., et al. Court of Appeal, Fourth Appellate District (April 16, 2014) Under the principle of equitable tolling, a statute of limitations will not bar a claim in cases where the plaintiff, despite use of…

May 08, 2014 | Author: Christine Balbo Reed Issue By: Christine Balbo Reed Hiroshi Horiike v. Coldwell Banker Residential Brokerage Company, et al Court of Appeal, Fourth District (April 9, 2014) In real estate transactions, it is not uncommon for one agent to represent both the buyer and the seller. In such dual agency situations,…

May 02, 2014 | Author: Charles S. Redfield Issue By: Charles S. Redfield Elsie Horath v. John Hess Court Of Appeal, Fourth District (April 10, 2014) Parties sometimes stipulate to high end/low end figures for arbitration, in an attempt to resolve a case that might not otherwise resolve short of trial. In this case, the…

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