Mass Torts -CAFA

Briggs v. Merck Sharp & Dohme (United States Court of Appeals, Ninth Circuit, August 6, 2015)  — F.3d —-, 2015 WL 4645605 Five groups of plaintiffs filed personal injury and wrongful death actions in California state court, asserting various tort claims against manufacturers and a distributor of diabetes drugs. Each of the five cases has…

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Respondeat Superior – Sexual Assault

Z.V. v. County of Riverside (Fourth District, June 17, 2015) 238 Cal.App.4th 889, 189 Cal.Rptr.3d 570, 15 Cal. Daily Op. Serv. 7831, 2015 Daily Journal D.A.R. 8237 A 15-year-old who was sexually assaulted by a county social worker while in foster care brought an action against the worker and the County of Riverside. The plaintiff…

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Products Liability — Adjacent Products

Sherman v. Hennessy Industries, Inc. (Second District, June 18, 2015, as Modified on Denial of Rehearing July 8, 2015) 237 Cal.App.4th 1133, 188 Cal.Rptr.3d 769, 15 Cal. Daily Op. Serv. 6450, 2015 Daily Journal D.A.R. 6888 The husband and children of a woman who died from mesothelioma allegedly caused by exposure to asbestos dust her…

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Forum Non Conveniens — Nominal Defendents

David v. Medtronic, Inc. (Second District, Filed June 12, 2015, as Modified June 26, 2015) 237 Cal.App.4th 734, 188 Cal.Rptr.3d 103, 15 Cal. Daily Op. Serv. 6087, 2015 Daily Journal D.A.R. 6483 Thirty-seven plaintiffs filed a products liability action against the manufacturers and sellers of an FDA-approved implanted medical device which utilized a genetically engineered…

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Liability Releases — Gross Negligence

Jiminez v. 24 Hour Fitness USA, Inc. (Third District, June 9, 2015) 237 Cal.App.4th 546, 188 Cal.Rptr.3d 228, 15 Cal. Daily Op. Serv. 5893, 2015 Daily Journal D.A.R. 6334 A woman filed suit against a fitness center after sustaining a severe head injury when she fell rearward from a moving treadmill and struck her head…

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Ostensible Agency – Medical Services

Whitlow v. Rideout Memorial Hospital, (Third District, June 9, 2015) 237 Cal.App.4th 631, 188 Cal. Rptr.3d 246, 15 Cal. Daily Op. Serv. 5902, 2015 Daily Journal D.A.R. 6373. The children of a woman who died from a massive brain hemorrhage two days after being treated for a headache at a hospital emergency room, filed an…

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Civil Rights – Proposition 209

Baez v. California Public Employees’ Retirement System (Second District, May 8, 2015) 186 Cal.Rptr.3d 781, 15 Cal. Daily Op. Serv. 4519, 2015 Daily Journal D.A.R. 5150 A Latino investment fund manager sued the California Public Employees’ Retirement System (CalPERS) and its chief investment officer, alleging that the defendants had denied him the opportunity to manage…

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Indian Tribes – Sovereign Immunity

Cosentino v. Fuller (Fourth District, May 28, 2015) — Cal.Rptr.3d —-, 15 Cal. Daily Op. Serv. 5303 A man who was terminated from his job as a table games dealer at an Indian tribal casino filed suit against five members of the tribe’s gaming commission responsible for licensing individuals involved in the tribe’s gaming activities…

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Special Relationship — Duty to Disclose

Doe v. Superior Court (Sixth District, May 29, 2015) — Cal.Rptr.3d —-, 2015 WL 3429130  The parents of an 8-year-old girl who was molested by a summer camp supervisor, filed an action against the church which ran the camp.  The parents asserted a number of causes of action on behalf of their daughter, as well…

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MICRA — Statute of Limitations

Pouzbaris v. Prime Healthcare Services—Anaheim, LLP (Fourth District, April 23, 2015)  236 Cal.App.4th 116, 186 Cal.Rptr.3d 314, 15 Cal. Daily Op. Serv. 3973, 2015 Daily Journal D.A.R. 4512 A woman who was injured when she slipped and fell on a recently mopped floor at a hospital filed suit against the owner of the facility, seeking…

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