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Save Our Juries Website Launch: Aims to Protect Trial by Jury

July 4, 2014 – Mark P. Robinson, Jr. – founding RCRSD Inc. partner and national president of The American Board of Trial Advocates – is pleased to announce the launch of www.SaveOurJuries.org, a website to help visitors understand and appreciate the 7th amendment right to trial by jury – and why it’s in jeopardy.

Products Liability: Noerr-Pennington Doctorine

Hernandez v. Amcord (2013) 215 Cal.App.4th 659, 156 Cal.Rptr.3d 90 A man who was diagnosed with mesothelioma brought a products liability action against the manufacturer of a plastic cement which contained asbestos. The plaintiff alleged that while working as a carpenter and in the construction industry his exposure to asbestos in the product was a…

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San Diego Hospital Data Breach Exposes Thousands

June 19, 2014 – Rady Children’s Hospital in San Diego, California, has announced that the confidential health information of more than 20,000 patients was disclosed and released to unauthorized third parties. The breach reportedly occurred on June 6, 2014, when an employee from Rady Children’s Hospital emailed a spreadsheet containing patient names, dates of birth, diagnoses,…

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Statutory Offers to Compromise: Joint Offers

McDaniel v. Asuncion (2013) 214 Cal.App.4th 1201, 155 Cal.Rptr.3d 71 The wife and daughter of a man who was killed in a multiple vehicle accident brought an action for wrongful death against multiple defendants.  A jury returned a verdict in their favor against one defendant, but returned a defense verdict as to the only remaining…

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Unfair Competition: Standing to Sue

Law Offices of Mathew Higbee v. Expungement Assistance Services (2013) 214 Cal.App.4th 544, 153 Cal.Rptr.3d 865 An attorney filed an action against an online legal services provider under California’s Unfair Competition Law (Bus. & Prof.Code, § 17200 et seq.) (the “UCL”), contending that the defendant was engaging in the unauthorized practice of law. The plaintiff…

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Summary Judgment: Admissibility of Expert Testimony

Garrett v. Howmedica Osteonics Corporation (2013) 214 Cal.App.4th 173, 153 Cal.Rptr.3d 693 A cancer patient whose prosthetic femur fractured less than two years after implantation filed suit against the manufacturers of the device, asserting, inter alia, that the fracture was caused by manufacturing defects. The defendants moved for summary judgment, contending that the device was not…

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Invasion of Privacy: Verbal Disclosures

Ignat v. Yum! Brands, Inc. (2013) 214 Cal.App.4th 808, 154 Cal.Rptr.3d 275 A woman who suffered from bipolar disorder filed an action against her former employer and her supervisor for invasion of privacy, alleging that while she was absent from work due to side effects of her medication, the supervisor had informed coworkers of her…

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Study Links Viagra to Increased Risk of Melanoma Skin Cancer

A study published in April 2014 in the Journal of American Medical Association Internal Medicine (“JAMA”) linked the popular erectile dysfunction drug, Viagra, to an increased risk of melanoma, a deadly form of skin cancer. The study analyzed data from more than 25,000 men who participated in the Health Professionals Follow-up Study and found that…

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Duty To Warn: Sophisticated User

Webb v. Special Electric Company, Inc. (2013) 214 Cal.App.4th 595, 153 Cal.Rptr.3d 882 A man who allegedly contracted mesothelioma as a result of working for many years around pipe containing asbestos, filed a product liability action against Johns-Manville, the pipe manufacturer, as well as Special Electric, a company which supplied bags of asbestos to Johns-Manville….

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