Litigation Topics: Business Litigation

Collateral Source Rule in Personal Injury Cases Clarified by California Supreme Court

Court Rules that Key is Actual Amount Paid, as Opposed to Amount Billed

One of the most important issues in any case is the amount of damages an injured party can recover. In the personal injury context, this issue is central. Over the years, a controversy has raged over how to measure the recoverable amount in a personal injury lawsuit.  Should the inured person’s recovery for medical expenses by measured by the amount billed by a caregiver, or the amount actually paid for treatment?

Class Action Update: Class Action Waivers May be Enforced Under Federal Arbitration Act; But If the Case Stays in Federal Court, The Class Must Be Manageable. ATT Mobility v. Concepcion & Wal-Mart v. Dukes Highlight 2010-11 U.S. Supreme Court Term

When the United States Supreme Court decides a case, it is always an important event, but two cases in the 2010-2011 term were more important to litigators – especially labor and employment litigators – than others.

Be Careful With Independent Contractors in California: They Could Be Employees!

Many California employers blithely consider certain workers to be independent contractors – exempt from withholding, overtime, meal and rest break rules, and a host of other restrictions and requirements.

But be careful.  Simply labeling a person as an “independent contractor” will not work.  The person must really be an independent contractor, and California has a detailed test to decide the issue.

Email Liability: What Happens If You Forward A Message That Contains Defamatory Information

The court of appeal has offered simple, straightforward advice in an email defamation case. In ruling on a claim that a person’s reputation was harmed when the defendant forwarded an email containing defamatory information, the court held there was no liability unless the defendant “materially contributed” to the content of the defamatory material.

When Documents In A Transaction Caution You To Get Legal Advice, Take The Hint; Otherwise, A Court May Not Provide Relief Later On if the Deal Goes Sour

In the case of Sharabianlou v. Karp, the parties entered into an agreement for the defendants to sell a building to the plaintiffs. The transaction failed and litigation followed.  Among the claims made by the buyers was that their real estate broker breached his fiduciary duties and committed professional negligence (malpractice as a real estate broker) by failing to provide certain information and by failing to advise them to seek legal advice.