News from June 2024
CA high court: Patients can accuse med makers of 'failure to warn,' even if doctors recommended treatment
The California Supreme Court imposed limits of the so-called "learned intermediary doctrine," which largely shields the makers of medication and medical devices from personal injury lawsuits accusing them of failure to warn of risks from their products, so long as doctors have been warned and still OK treatment
Bonta files lawsuit seeking big payout from oil companies over 'climate change;' Lawsuit driven by left-wing politics, oil companies say
California has filed an amended lawsuit against major oil companies, calling on a state court to strip the companies of profits gleaned through decades of supposedly “false and misleading” marketing claims that have allegedly misled the public about climate-change risks from the common fuels that drive the U.S. economy
Bicyclist Sues City And State Over Negligence In Vehicle Collision
A motor vehicle collision involving a bicyclist has led to a lawsuit alleging negligence against both city and state authorities in San Francisco. Filed on June 12th by Santos Tomas Villafania Pech, the suit names Carlos Javier Jimenez as one of its defendants alongside municipal entities.
Electronics Company Accused of Violating Consumer Privacy Laws
A class-action lawsuit has been filed against Anova Applied Electronics for allegedly violating consumer privacy laws by collecting personal identification information during online credit card transactions without proper disclosure or consent. The plaintiff seeks statutory damages and other forms of relief for these alleged violations.
Elderly resident sues nursing home for neglect leading to severe injuries
An elderly woman has filed a lawsuit against Windsor Elk Grove Care And Rehabilitation Center alleging severe neglect that led to multiple falls and serious injuries including a brain bleed. The case underscores allegations of systemic understaffing aimed at cutting costs over providing adequate care.
Driver Sues Vehicle Owner for Negligence Following Collision
Matthew Hamilton has filed a lawsuit against Josephine Tolbert alleging negligence after a car accident on June 25th left him injured. The case details significant physical injuries and financial losses incurred by Hamilton due to the incident.
Plaintiff sues Mercedes-Benz for Breach of Warranty
Joshua Adam Agee has filed a lawsuit against Mercedes-Benz USA and AN San Jose Luxury Imports over alleged breaches of warranty related to his leased 2023 Mercedes Benz C43. The complaint details persistent defects in the vehicle despite multiple repair attempts and seeks various forms of relief including damages, rescission of contract, and civil penalties.
'Threat to direct democracy:' CA Supreme Court ruling preserves Dem power over CA taxes, fees
The California Supreme Court has kicked off the fall 2024 ballot the so-called Taxpayer Protection Act, a citizen initiative that would have required state and local governments to get voter OK before hiking taxes and fees. The court agreed with Gov. Gavin Newsom that the initiative exceeded citizen initiative power
Biz groups, Dems announce deal to reform law that spawned thousands of 'shakedown' suits vs employers
Under the deal to reform the Private Attorney General Act, a coalition of business groups would agree to withdraw a ballot measure that would have largely gutted PAGA. Reports showed PAGA generated lawsuits worth $10B in payouts from employers in the past 10 years, with big money for lawyers, little real benefit for workers
Neighbor Sues Over Water Damage: Allegations Include Negligence and Breach of Contract
Jason Viscarra has filed a lawsuit against Ellen Poon following extensive water damage caused by a ruptured plumbing fixture in her unit above his own property. The suit includes allegations of negligence and breach of contract among others and seeks damages for repair costs and lost rental income.
Patient Sues Dentist Over Alleged Negligence Leading to Severe Dental Issues
Pilar Castillo has filed a lawsuit against Dr. Faranak Amini Aliabadi alleging professional negligence resulting in severe dental issues over a span of fifteen years. The suit seeks substantial damages for medical expenses, loss of income, and future treatments necessary due to the alleged malpractice.
Consumer Alleges Severe Injuries from Defective Skincare Products
A consumer has filed a lawsuit against Tatcha LLC alleging severe injuries from using their skincare products. The plaintiff seeks damages for medical expenses and emotional distress due to alleged product defects and inadequate warnings.
Plaintiffs challenge trustee's entitlement to retirement benefits but lose appeal
Plaintiffs Amy Fisher and others lost their appeal against Ava Landers regarding entitlement to proceeds from a 401(k) plan governed by federal law ERISA. The appellate court upheld the trial court's decision due to insufficient records provided by plaintiffs for meaningful review.
Arnold Palmer class action never gets to the green
SAN JOSE, Calif. (Legal Newsline) - Class action lawyers mad the maker of Arnold Palmer drinks marketed them as "lite" have failed the key test in consumer deception lawsuits.
Customer Sues San Francisco Auto Shop for Negligence After Violent Attack
A violent incident at a San Francisco auto repair shop has led Andres Quintero to file a lawsuit against Hybrid Repair & Rental Inc., accusing them of negligence and failure to supervise their employees adequately. Represented by Adam Phillips from Morgan & Morgan LLP, Quintero seeks damages for physical and emotional suffering following an attack by an employee wielding a crowbar.
Appeals court: New UCSF hospital in Parnassus doesn't need to comply with local building size regulations
A local group opposed to the Parnassus hospital project argued the 15-story, 900,000 square foot building would be too large to comply with local building height and size restrictions and would create a public nuisance in a "quiet, residential neighborhood." The court said UCSF is exempt as an arm of state government
CA Supreme Court hands win to primary insurers in fight vs excess insurance providers over asbestos claims
The California Supreme Court said lower courts were wrong to block a primary insurer saddled with massive claims resulting from asbestos-related lawsuits vs Kaiser Gypsum from seeking additional coverage from Kaiser's excess liability insurance providers
Appeals panel: Non-Facebook users can't sue Meta for biometric face scans that couldn't ID them
The U.S. Ninth Circuit Court of Appeals agreed that a San Francisco federal judge wasn't wrong to unplug a lawsuit accusing Facebook-parent Meta of allegedly violating an Illinois biometrics privacy law by using its photo upload system to scan photos for faces, even of non-users
Plaintiff Alleges Negligence Against Multiple Defendants Over Fatal Motorcycle Accident
A lawsuit has been filed by Kaylee Crist alleging negligence leading to wrongful death after a tragic motorcycle accident killed her father Edward Vance Crist. Filed on June 7th in Sacramento's Superior Court of California against Ruben Diaz and others; it seeks over $35k for loss of companionship and financial support among other damages.
Family Alleges Medical Negligence Led To Tragic Death
A grieving family has filed a lawsuit against Sutter Medical Foundation alleging medical negligence led to their loved one's untimely death last year. They seek compensation for emotional distress and financial burdens resulting from alleged failures in diagnosis and treatment.