Punitive Damages: Ratio to Compensatory Damages
Posted in Punitive Damages on January 15, 2010
“[P]unitive damages in an amount equal to compensatory damages marks the constitutional limit in this case and still provides the appropriate deterrence.”
Firm News
Schedule Your ConsultationToxic Chemicals: Secondary Exposure
Posted in Employment Law,Products Liability,Toxic Substances on December 8, 2009
“Imposing a duty toward nonemployee persons saddles the defendant employer with a burden of uncertain but potentially very large scope.”
Products Liability: Replacement Parts
Posted in Products Liability on November 19, 2009
“A manufacturer is liable in strict liability for the dangerous components of its products, and for dangerous products with which its product will necessarily be used. That was appellants’ evidence… We can see no relevance to the fact that the injury was caused by the operation of its product in conjunction with a replacement part which is no different than the original.”
Fair Debt Collection Practice: Litigation Privilege
Posted in Debt Collection Practices,Unfair Business Practices on October 11, 2009
“We must nonetheless be mindful of the ease with which the Act could be circumvented if the litigation privilege applied. In that event, unfair debt collection practices could be immunized merely by filing suit on the debt.”
Social Networking Websites: Content Provided by Third Parties
Posted in Internet Law,Technology on September 22, 2009
“That appellants characterize their complaint as one for failure to adopt reasonable safety measures does not avoid the immunity granted by section 230. ”
Products Liability: Service on Foreign Manufactures
Posted in Products Liability on August 10, 2009
“[S]ervice on the California representative of a foreign parent …[is] valid as to the foreign parent-under California law. ”
Right To Privacy: Professional Sports Stadium Searches
Posted in Invasion of Privacy on July 2, 2009
“Those who provide private entertainment venues, including the 49ers’ at NFL football games, have a substantial interest in protecting the safety of their patrons. But when the security measures substantially threaten a privacy right, courts review the policy for reasonableness.”
FDA Issues Warning Regarding Zicam Nasal Spray
Posted in Pharmaceutical Injuries on June 16, 2009
In a conference call with a group of reporters this morning the FDA announced it is warning users of Zicam, a popular cold-relief nasal spray, to stop using the product because it has been associated with approximately 130 reported cases of people losing their sense of smell. The FDA stated that it had sent Matrixx…
Invasion of Privacy: Social Networking Websites
Posted in Invasion of Privacy on June 2, 2009
“No reasonable person would have had an expectation of privacy regarding the published material.
. . . By posting the article on myspace.com, [the plaintiff] opened the article to the public at large.”
Negligent Hiring: Post-Termination Misconduct
Posted in Negligent Hiring on June 2, 2009
“An employer does not owe a plaintiff a duty of care in a negligent hiring and retention action for an injury or other harm inflicted by a former employee.”