Civil Procedure

The federal Food, Drug, and Cosmetic Act preempted the plaintiff’s state law claim that defendant falsely advertised its Vitamin E supplement as promoting cardiovascular health. Read More

Fees charged by a mediator for a mediation not ordered by the court may be recoverable as ordinary costs in the discretion of the trial court. Read More

A default judgment was vacated as it exceeded the sum prayed for in the indemnity cross-complaint on which it was based, even though it incorporated by reference the complaint which asked for $10 million. Read More

There is a constitutional right to a jury trial of a claim for nominal statutory damages of $1000 under the California Confidentiality of Medical Information Act. Read More

Plaintiff’s 998 offer made 19 days after service of the complaint was ineffective because the defendant then lacked sufficient information about the plaintiff’s injuries to reasonably evaluate the offer. Read More

The trial court abused its discretion in denying a prevailing plaintiff attorney fees since the defendant’s initial settlement offer (which the plaintiff rejected) did not comply with section 998. Read More

The deadline for moving to vacate an arbitration award under the FAA is the same date as the third month after the award is issued unless it is a Saturday, Sunday or holiday. Read More

Delaware law permitting choice-of-forum bylaws is enforceable in California even if no shareholder consent is obtained for the bylaw and even though the bylaw is adopted after the allegedly wrongful conduct has occurred. Read More

If injured on the job, a borrowed employee’s sole recourse is to claim benefits under the Longshore & Harbor Workers Compensation Act, he or she cannot sue the borrowing employer in tort. Read More

A cost award entered after entry of voluntary dismissal without prejudice is appealable as a final judgment in its own right. Read More