During these challenging times, Severson & Werson remains open and in full operation, consistent with the firm’s previously established contingency planning. While many of our attorneys and staff will be working remotely, as a firm, we continue in full operation. We are here to help, as always.
Applying Semtek Internat. Inc. v. Lockheed Martin Corp. (2001) 531 U.S. 497, this decision holds that a federal district court's dismissal of a 42 USC 1983 claim on the ground it was precluded by the res judicata effect of a state administrative decision denying her claim is not a final judgment entitled to claim preclusive effect under federal common law. … Read More
The prior federal judgment did not bar plaintiff's refiled state law claims because they had been dismissed only because the Eleventh Amendment barred a federal court from awarding damages against a state entity—not because of the actual merits of those claims. Read More
In a criminal prosecution for theft from an elder, defendant stipulated to a restitution amount of $700,000, so she was estopped from denying that damage amount in a later action for double damages under the Probate Code. Read More
In a criminal prosecution for theft from an elder, defendant stipulated to a restitution amount of $700,000, so she was estopped from denying that damage amount in a later action for double damages under the Probate Code. Read More
For res judicata purposes, a person seeking mandate review of a city’s approval of a Walmart store expansion is in privity with an earlier petitioner for similar relief as both sought to represent the public interest. Read More
Class action settlement and judgment in a case brought under the California Labor Code had res judicata effect on a subsequent class action involving same employees and same employer based on the federal Fair Labor Standards Act. Read More
When an appeals court affirms a trial court’s ruling on only one ground, that is only the ground that can be given claim preclusive or issue preclusive effect in subsequent litigation. Read More
Warning labels required for most alcoholic beverages under Proposition 65 do not need to provide a detailed list of all the harmful chemicals found in the product. Read More
A second class action is entitled to American Pipe tolling of the statute of limitations during the pendency of a first class action on the same claim if the first action is dismissed for lack of an adequate class representative and a new named plaintiff is promptly added. Read More
Judgment in earlier wage & hour class action that employees filed against their staffing company employer barred later suit on the same claims by same employees against the firm where they worked since that firm was the staffing company’s agent with respect to payroll matters. Read More
