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Key Decisions - March 2010
General Legal 

Key Decisions - March 2010 [pdf]

Welcome to the March 2010 edition of the Key Decisions eNewsletter, Berger Kahn's monthly publication summarizing the most important California state and federal court decisions. Key Decisions is an online publication only. To join our mailing list, please send us an email at KeyDecisions@BergerKahn.com or click here.

In This Issue

Diaz v. Carcamo: Evidence Of An Employee’s Prior Bad Driving Was Admissible To Prove Negligent Hiring And Retention

Donahue v. Donahue: A Large Claim For Attorney’s Fees Raises Concerns About The Reasonableness Of The Fees Being Sought

Dotson v. Amgen, Inc.: Limitations In An Arbitration Agreement Did Not Make It Unconscionable

Drum v. San Fernando Valley Bar Association: The Refusal To Sell A Mailing List To A Vendor Is Not An Unfair Business Practice

Forecast Homes, Inc. v. Steadfast Insurance Company: An Additional Insured Cannot Satisfy A Retention That Must Be Paid By The Named Insured

Goodman v. Lozano: A Plaintiff Whose Net Recovery Is Zero Because Of Settlements With Other Defendants, Is Not Necessarily The Prevailing Party And May Owe Fees And Costs

Jankey v. Lee: The Defendant In A Disability Discrimination Case Was Entitled To Attorney’s Fees

Lara v. Workers’ Compensation Appeals Board: A Gardener Who Used His Own Equipment And Exercised His Own Judgment Was Not An Employee For Workers’ Compensation Purposes

Lobo v. Tamco: The “Required Vehicle” Exception To The “Going And Coming” Rule, Can Make An Employer Liable For Accidents That Occur While An Employee Is On The Way Home From Work

Steinhart v. County of Los Angeles: A Living Trust Which Gave A Life Estate Upon The Trustor’s Death Was Not Adequate To Avoid A Property Tax Reassessment Upon The Trustor’s Death

Suh v. Superior Court: An Arbitration Agreement Which Included A Limitation On Damages Was Unenforceable

Villano v. Waterman Convalescent Hospital: Stipulating To A Judgment To Expedite An Appeal May Undermine Substantive Aspects Of The Appeal


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