Here Lounge in West Hollywood is on the hook for $5.4 million in damages to a woman who was sexually assaulted in the club's bathroom, despite the club's policy of posting guards outside of the bathrooms. This number is an affirmation of the lower court's decision back in 2014.
Recently in Injury & Tort Law Category
A seemingly harmless comment in the movie American Hustle led to a highly-publicized defamation suit in California. The suit has temporarily come to a resting place following a recent ruling. The ruling shows that, when it comes to defamation, context is everything.
The plaintiff Paul Brodeur made headlines when it was revealed that he'd sued the producers and distributors of American Hustle alleging that Jennifer Lawrence's character damaged his reputation. In the movie, a husband and wife are having an argument over whether or not microwave ovens denude foods of all their nutritional value. The character Rosalyn said she'd read an article by Brodeur that microwaves did exactly that. Brodeur sued, arguing that this suggested to audiences that he'd made a scientifically unsupportable argument.
The father of one of the victims who fell in the Paris attacks in late 2015 is suing Twitter and other social media platforms for their role in bringing the attacks about. Specifically, he has accused the defending parties of "providing material support for terrorism."
The defendants have responded by claiming that the Communications Decency Act shields them from liability associated with user posts. But in this delicate case, who will -- or should -- win?
California Superior Court Judge Mark W. Snauffer has ruled against recent amendments that eased up on heightened diesel regulations in favor of industry little guys, causing controversy in a county that is highly reliant on transport of goods and the diesel engines used to get them to and fro.
The California Air Resources Board (CARB) has responded negatively to the ruling, describing it as "deal[ing] a profound blow to ... smaller fleets, small farmers and independent owners."
Personal injury attorneys intuitively understand that the potential payout for injured plaintiffs is inversely related to both the dangerousness of the plaintiff's personal conduct at the time of the injury and the foreseeability of his injury. In a recent California case, the Third Appellate District drew a line in the sand in favor of defendants.
It's just another reminder that those engaged in anything more dangerous than a simple job run the risk of losing certain premise liability suits against landowners in California. As you might have guessed, this has its fans as well as its detractors.
California Attorney General Kamala Harris brought suit against Johnson & Johnson on Tuesday, accusing the company of violating advertising laws in marketing its pelvic mesh devices. Pelvic mesh, also known as transvaginal mesh, is a net-like implant that's used to treat prolapse and incontinence in women. But the devices can also cause serious complications, including urinary dysfunction, constipation, loss of sexual function, and debilitating pain.
For years, Johnson & Johnson, along with its Ethicon unit, falsely marketed the device as safe and even superior to other treatments, despite being aware of significant evidence to the contrary, California's suit alleges.
After it breezed through the California Legislature, Senate Bill 269 was signed by Gov. Jerry Brown, conferring major protections to small California businesses that find themselves on the receiving end of an ADA violations suit. The bill, effective immediately, will give small businesses under 50 employees additional time to comply with the law before incurring fines and fees. It will additionally give 15 days to address violations alleged in a suit.
Senator Richard Roth, the author of the bill, described the passage as a "major victory for all Californians."
And Love's Twitter mishaps are just the tip of the crazy iceberg that floated in to California's Second District Court of Appeals after Love's former attorney unsuccessfully sued her for the allegedly defamatory tweet.
On October 23rd, the Southern California Gas Company's natural gas storage well sprung a leak in the Los Angeles neighborhood of Porter Ranch. For over two months, it has spewed gas, releasing over 80,000 metric tons of methane. No one seems able to stop it, either.
While the leak pumps out thousands of tons of toxic greenhouse gases, the lawsuits are already piling up: 25 so far and climbing.
UPS worker Stephen Moore sued William Jessup University over an injury he suffered after handling a package that was significantly heavier than indicated on the package's label. A California Appeals Court found for the university under the tort doctrine of assumption of risk, underscoring the power of the the police/fireman rule in California.