Evidence, Summary Judgment, California

Defendant Contractor’s Summary Judgment Upheld on Appeal

Goldberg Segalla on 6/5/2025

Jurisdiction: Court of Appeal of California, Second Appellate District, Division Six - Plaintiff Easterling brought this claim based on his diagnosis of lung cancer, which he attributes to asbestos exposure during his work as...more

The Ninth Circuit Confirms That Liability Insurers Are Entitled to Corroborating Medical Documentation Before Settling a...

Sheppard Mullin Richter & Hampton LLP on 3/24/2025

Liability insurers often receive policy limit demands from third-party claimants that allege serious injuries without corroborating medical records or bills. Since the enactment of California Civil Procedure Code section 999...more

Sour Grapes: Attorney’s Oral Agreement Might Be Okay if Fair, Just, and Fully Advised

McDermott Will & Schulte on 2/28/2025

The US Court of Appeals for the Ninth Circuit found that a district court erred in declaring on summary judgment that an attorney had no ownership interest in a winery because the alleged agreement was made orally. The Ninth...more

California Court Enters Summary Judgment Against Plaintiff Who Failed To Prove Vicarious Liability

Faegre Drinker Biddle & Reath LLP on 10/15/2021

A court in the Northern District of California recently granted a defense motion for summary judgment, finding that the defendants were not vicariously liable for a subcontractor’s supposed TCPA violations because the record...more

Ninth Circuit Affirms Summary Judgment in Fraudulent Omission Class Action Based on Plaintiffs’ Failure to Present Evidence of...

King & Spalding on 9/11/2020

On June 18, the Ninth Circuit affirmed the Central District of California’s grant of summary judgment on claims asserted against Unilever by various putative classes of consumers who purchased St. Ives facial cleanser. The...more

Northern District of California Excludes Expert Testimony and Grants Summary Judgment in Abilify Case

Faegre Drinker Biddle & Reath LLP on 5/27/2020

Applying basic scientific principles to exclude an expert’s unfounded and unsupported opinions, the U.S. District Court for the Northern District of California has granted summary judgment to the maker of the antipsychotic...more