Issue By:  David L. Blinn Certain Underwriters at Lloyds, London v. Arch Specialty Insurance Co. Court of Appeal, Third Appellate District (April 11, 2016) The original purpose of “other insurance” clauses was to prevent multiple recovery by insureds in cases of overlapping policies providing coverage for the same loss.  However, courts have long disfavored “other…

Issue By: Thomas LoSavio tlosavio@lowball.com www.lowball.com ASBESTOS BANKRUPTCY TRUSTS AND LEGISLATION By Thomas LoSavio When asbestos litigation became extremely costly to defend, to settle and to pay judgments, companies began filing for protection under the Bankruptcy laws. In the three decades since Johns Manville and UNR Industries filed the first asbestos bankruptcy cases, nearly 100…

Issue By:  Catherine E. Golden Richard Moran III v. Foster Wheeler Energy Corporation Court of Appeal, Second Appellate District (April 13, 2016) In 2008, the California Supreme Court unanimously held that the “sophisticated user” defense applies in California to both negligence and strict liability causes of action. Under the sophisticated user defense, “a manufacturer is…

Yesterday, precedent was set at the United States Supreme Court. Not a legal precedent, but a practical one: cell phones were allowed in the courtroom. If you’ve visited a federal courtroom, you almost certainly had to leave your cell phone outside – your cell phone is generally not welcome in federal courtrooms. But yesterday, a…

Issue By:  Vernice T. Louie Jeffrey Schermer, et al. v. Thomas T. Tatum, et al. Court of Appeal, Fourth Appellate District (March 18, 2016) Class actions are permitted “when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them…

Issue By:  Linda Meyer Latrice Rubenstein v. Doe No. 1, et al. Court of Appeal, Fourth Appellate District (March 22, 2016) Generally, a civil cause of action for child molestation accrues at the time of the molestation, but delayed discovery principles may apply to a cause of action arising out of childhood sexual abuse.  Code of Civil…

Issue By:  Leeh A. DiBello Maureen DeSaulles v. Community Hospital of the Monterey Peninsula Supreme Court (March 10, 2016) In an action for alleged disability discrimination and related claims, the Supreme Court had to determine whether a plaintiff who voluntarily dismissed an action after obtaining a monetary settlement on remaining claims in the case is considered…

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