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April 30, 2013

Lost Profit Claims as Speculative Damages: The Courts’ “Gatekeeper” Role

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I.                    Introduction “World history is replete with fascinating ‘what ifs.’  What if Alexander the Great had been killed early in his career at the Battle of the Granicus River, as he nearly was?  What if the Saxon King Harold had prevailed at Hastings, and William, later called the Conqueror, had died in that battle rather […]

April 18, 2013

A Review Of 2011-12 Developments On The Law Of Causation In Legal Malpractice Actions

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This paper addresses 2011 and 2012 case law developments on three legal malpractice causation issues.    First, we discuss the issue of burden of proof (i.e. which party has the burden on causation and how that burden is discharged), then we address the handling of the “case-within-the-case” (i.e., dealing with legal and factual issues in the […]

April 1, 2013

California Court of Appeal Rules That the California Fair Employment & Housing Act (“FEHA”) May Afford Employees Disabled by Pregnancy With Leave Rights in Addition to Those Provided Under the Pregnancy Disability Leave Law (“PDLL”)

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Under California’s Pregnancy Disability Leave Law (“PDLL”), pregnant employees are entitled to a period of leave “not to exceed four months.”  Despite this language, the California Court of Appeal recently held that employers should not interpret the PDLL as a “cap” on pregnancy leave. Facing a discrimination lawsuit filed by an employee terminated following exhaustion […]

January 31, 2013

Petition for Review Granted on February 27, 2013 by California Supreme Court for Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP, et al. (issued December 13, 2012; First Appellate District No. A134542)

Posted by: jab | Share | Comments Off on Petition for Review Granted on February 27, 2013 by California Supreme Court for Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP, et al. (issued December 13, 2012; First Appellate District No. A134542)

On February 27, 2013, the California Supreme Court by a vote of 7-0 granted the Petition for Review of the appeals court ruling summarized below.  Please be advised that this appellate case holding is pending the outcome of the California Supreme Court’s review of the decision. A California Court of Appeal has unequivocally held that a design […]

January 31, 2013

Neiman v. Leo A. Daly Company, No. B234537 (Cal. Ct. App., October 30, 2012)

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Architect who designed theater and provided construction observation services held not liable to an injured theater patron who fell down the theater stairs after completion and acceptance of the construction by the owner. Applying the “completed and accepted” doctrine to the architect, the court held that since the owner accepted the finished work as constructed, […]

March 10, 2012

California Enacts Legislation Allowing Formation Of New “Benefit” Corporations

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Effective January 1, 2012, California added Corporations Code Sections 14600 to 14631 to its statutes allowing the formation of “benefit” corporations or “b” corporations.  Benefit corporations are a new type of corporation formed for purposes which include a “general public benefit.”  This purpose is in addition to, and may be a limitation on, the corporation’s […]