Negligent Entrustment: Car Rentals
Posted in Negligent Entrustment on October 19, 2010
“Rental car companies have no duty to inquire into the driving histories of their clients”
Firm News
Schedule Your ConsultationProducts Liability: Unforeseeable Misuse
Posted in Products Liability on September 26, 2010
“Given [plaintiff’s] showing, the burden of proof shifted to [the manufacturer] to prove that its design was not defective”
Law Enforcement Officers: Duty of Care
Posted in Law Enforcement Officers on August 2, 2010
“If they do respond and their affirmative acts negligently cause harm to a person in need of assistance, their misfeasance may … result in tort liability ”
Liability Releases: Rental Agreements
Posted in Recreational Injuries on July 2, 2010
“To be effective, … a release “must be clear, unambiguous, and explicit in expressing the intent of the subscribing parties.””
Financial Institutions: E-Mail Scams
Posted in Financial Institutions on June 2, 2010
” [I]f the Bank failed to exercise ordinary care, and if that failure contributed to the loss, the loss must be allocated between the Bank and [the customer].”
Bad Faith: Postclaims Underwriting
Posted in Bad Faith on May 16, 2010
“Given the likelihood of inadvertent error, accurate risk assessment requires a reasonable check on the information the insurer uses to evaluate the risk. … Blue Shield offers neither evidence nor argument that its failure to take any additional steps was reasonable as a matter of law.”
Premises Liability: Social Networking Websites
Posted in Internet Law on May 11, 2010
“The violence that harmed plaintiffs here was not “a necessary component” of defendant’s MySpace party. …Moreover, in our case, defendant took no action to stimulate the criminal conduct…”
RCRSD Partner Receive 2010 California Lawyer Attorney of The Year Awards
Posted in Unfair Business Practices on April 16, 2010
“The 4-3 holding breathed new life into Unfair Competition Law class actions in which consumers allege they relied on misleading statements and advertising”
Catalyst For Change: How Products Liability Litigation Has Made Products Safer
Posted in Products Liability on March 15, 2010
“The Supreme Court reiterated that state law products liability remedies “further consumer protection by motivating manufacturers to produce safe and effective drugs and to give adequate warnings.” (Wyeth v. Levine, 129 S.Ct. 1187, 1194 (2009))”
Wrongful Termination: Mistaken Overtime Claim
Posted in Employment Law,Wrongful Termination on February 18, 2010
“[F] failure to prove an actual violation of law by his employer did not defeat the wrongful termination cause of action…[a]s long as the employee makes the health or safety complaint in good faith…”