2012 - 2/02 Tort & Trial: 2011 in Review - CASD Store

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2012 - 2/02 Tort & Trial: 2011 in Review



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Attorneys can NOT afford to not have access to this information! Learn about the new 2011 statutes and judicial decisions affecting tort liability, civil procedure and trial practice.

Judicial Decisions and Statutes Affecting Tort Liability:
Cabral v. Ralphs Grocery Co. - What duties does a truck driver owe to passing motorists to avoid increasing risk of collisions? Howell v. Hamilton Meats & Provisions, Inc. - Does the collateral source rule allow reducing plaintiff’s medical damages to amount actually accepted by medical providers as payment in full? SeaBright Ins. Co. v. US Airways, Inc. - Does anti-SLAPP statute apply to negative comments that fall short of advertisement or commercial speech? Diaz v. Carcamo - When an employer is liable solely on respondent superior theory, can an employer’s fault exceed its negligent employee’s fault? Oasis West Realty, LLC v. Goldman - Can attorney breach fiduciary duty owed to former client even if confidences were not disclosed or conduct was undertaken for personal rather than professional reasons?

Judicial Decisions and Statutes Affecting Procedure, Arbitration, and Pretrial and Trial Practice:
Pooshs v. Phillip Morris USA, Inc. - Does an earlier-discovered latent disease trigger statute of limitations for later-discovered latent disease that is separate and distinct? Rasmussen v. Superior Court - Does a decision holding that anti-SLAPP motion was granted in error be construed as disposing of case for all purposes? Sonic-Calabasas A, Inc. v. Moreno - Is an arbitration agreement unconscionable if it obligates an employee to forego administrative resolution of wage claims? Cassel v. Superior Court - Does mediation confidentiality protect a law firm in a malpractice action based on actionable statements made during prior mediation? Ardon v. City of Los Angeles - Can a taxpayer bring class action for refund of local taxes when no specific legislative bar exists? In re Baycol Cases I and II - Does the “death knell” doctrine render appealable orders that effectively terminate class claims while permitting individual claims to continue? Bruns v. E-Commerce Exchange, Inc. - Are partial stays excluded from calculation of five years permitted to bring case to trial?