Issued by: Thomas J. LoSavio Flavio Ramos, et al. v. Brenntag Specialties, Inc., et al. California Supreme Court (June 23, 2016) In cases of claimed injury from asbestos exposure, the component parts doctrine was designed to provide protection to the supplier of a component or raw material when the component or raw material is not…

Issued by: Joseph M. Fenech Hearn Pacific Corporation v. Second Generation Roofing, Inc. Court of Appeal, First Appellate District (May 2, 2016) It is not uncommon in construction defect and some other cases for an insurer of the general contractor to take an assignment of its insured’s indemnity claims against subcontractors and to continue to…

Issue By:  David L. Blinn Thomas Nickerson v. Stonebridge Life Insurance Company California Supreme Court (June 9, 2016) Absent special justification, ratios of punitive damages to compensatory damages that greatly exceed 9 or 10 to 1 are presumed to be excessive and therefore unconstitutional.  Simon v. San Paolo U.S. Holding Co., Inc. (2005) 35 Cal.4th 1159,…

Issue By:  David L. Blinn Kathleen A. Winn, et al. v. Pioneer Medical Group, Inc., et al. California Supreme Court (May 19, 2016) In 1991, California enacted the Elder Abuse and Dependent Protection Act (the “Act”) (Welfare & Institutions Code §§ 15600, et. seq.) to protect vulnerable and elderly adults.  The Legislature recognized that elders and…

Issue By:  Eric C. Fonferek Yasser Abuemeira et al. v. John F. Stephens, et al. Court of Appeal, Second Appellate District (April 27, 2016) What is a Strategic Lawsuit Against Public Participation (“SLAPP”)?  Simply put, a SLAPP is a frivolous or malicious lawsuit brought primarily to produce a chilling effect on constitutionally protected free speech or…

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