News & Analysis as of

Appeals Contract Disputes California

Davis Wright Tremaine LLP

Two California Appellate Decisions Highlight Liability Risks Arising From Hospital "Conditions of Admission" Forms and Billing...

In the ever-evolving world of healthcare billing, two recent reported California appellate court decisions, Naranjo v. Doctors Medical Center of Modesto and Dameron Hospital Association v. Progressive Casualty Insurance...more

Greenberg Glusker LLP

California Supreme Court Affirms Alternative-Performance Cotenancy Clauses in Retail Leases

Greenberg Glusker LLP on

The California Supreme Court upheld a shopping center cotenancy provision, which allowed the tenant to pay reduced rent if the center’s occupancy fell below a certain threshold, finding the lease provision was an enforceable...more

Epstein Becker & Green

A Fact-Intensive Inquiry: How California Courts Are Resolving Authenticity Disputes of Electronically Signed Arbitration...

For more than a decade, California courts have wrestled with the challenge of how to resolve disputes over the authenticity of electronically signed arbitration agreements....more

McDermott Will & Schulte

Running on Empty: ‘Stang’ With No Anthropomorphic Characteristics Isn’t Copyrightable Character

The US Court of Appeals for the Ninth Circuit affirmed a district court’s denial of copyright protection for a car that had a name but no anthropomorphic or protectable characteristics. Carroll Shelby Licensing, Inc. v....more

Bradley Arant Boult Cummings LLP

Whiting-Turner Prevails in Wrongful Termination Dispute

A California appeals court has upheld a $5 million award in favor of Whiting-Turner Contracting Company and against the owner of a 12-story, Virgin-brand hotel in San Francisco. Whiting-Turner agreed to construct the hotel...more

Clark Hill PLC

California Supreme Court holds that limitations of liability provisions are unenforceable for willful conduct under Civil Code...

Clark Hill PLC on

In response to a request from the Ninth Circuit Court of Appeals to interpret the scope of California Civil Code section 1668 and its rule that parties may not contract away liability for “willful injury to the person or...more

Patton Sullivan Brodehl LLP

Court Clarifies Value of “Performance Deed of Trust” in Foreclosure

The California Court of Appeal recently clarified how courts should value a Performance Deed of Trust (PDOT) in foreclosure, and affirmed that the performance obligations included in the deed of trust survive beyond...more

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