When a California woman has her legs crushed by a train while vacationing in Austria, is she permitted to bring suit against the railway in the United States on grounds that she purchased her railway ticket in the U.S. prior
December 2, 2015
Austrian Railway Immune from Personal Injury Suit by California Tourist
December 1, 2015
Patron Assumes Risk of Extreme Fright at Haunted House
The Fourth District of the California Court of Appeal recently affirmed a trial court’s order granting summary judgment in favor of the operator of a haunted house based on the primary assumption of risk doctrine. In...
October 15, 2015
FCC Issues Ruling Interpreting TCPA and Creating “One Call” Rule
The Telephone Consumer Protection Act of 1991 (“TCPA”) has become a regular source of claims against companies who use telephone or fax systems to target potential consumers. Liability under the TCPA is fairly easy to...
October 15, 2015
The Uphill Battle For Defendants In Multiple Causation Cases Just Got Steeper
INTRODUCTION On July 16, 2015, in Cooper v. Takeda Pharmaceuticals America, Inc., et al. (“Cooper”), the Second District Court of Appeal reinstated a $6.5 million verdict against Takeda Pharmaceuticals America, Inc.,...
October 15, 2015
Is There Hope That Discovery Might Be Subject To Reasonable Limits?
Proposed Amendment to Federal Rules and the Concept of “Proportionality” The discovery aspects of civil litigation can be, and often are, extremely burdensome. This can be true both financially and with respect to the...