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.
Following Woods v. Fox Broadcasting Sub. Inc. (2005) 129 Cal.App.4th 344 and Asahi Kasei Pharma Corp. v. Actelion, Ltd. (2013) 222 Cal.App.4th 945, not PM Group, Inc. v. Stewart (2007) 154 Cal.App.4th 55, this decision holds that a claim for intentional interference with (or inducing breach of) contract may be stated against any defendant that was not a party to… Read More
Bus. & Prof. Code 7031(b) allows any person who uses an unlicensed contractor to bring an action for disgorgement of all compensation paid the contractor for construction work. This decision holds that a claim under this statute is a suit for a statutory penalty which must be brought within a year of completion of the unlicensed contractor's work under CCP… Read More
Plaintiff invested in a "forked" cryptocurrency which he kept in his Coinbase "wallet." Coinbase refused to allow plaintiff to access the forked currency because it thought the network using that currency was unsafe. This decision affirms a summary judgment for Coinbase. On plaintiff's breach of contract claim, it holds that Coinbase's user agreement contained no provision requiring Coinbase to help… Read More
Reversing the district court's judgment and permanent injunction, this decision finds that Qualcomm's patent licensing practices do not violate the Sherman Act. The district court erred in finding anticompetitive harm from the effect Qualcomm's licensing practices had on cell phone manufacturersp--a market in which Qualcomm did not compete--rather than on rival chip manufacturers with which Qualcomm did compete. Qualcomm's practice… Read More
The parties' contract contained a choice of law clause choosing New York law. Under New York law, prejudgment interest is to be awarded on any contract claim regardless of whether the damages are fixed or reasonably calculable, and interest is awarded at 9%, rather than at 10% as in California. Under Restatement (Second) of Conflicts of Law, section 207, if… Read More
A forum selection clause that applies to claims that "arising out of" a contract are limited to those relating to the interpretation and performance of the contract itself, whereas a clause that applies to claims "relating to" the contract encompasses disputes that reference the agreement or have some “logical or causal connection” to the agreement; here, the clause in the… Read More
Defendant motorcycle dealer could not enforce an arbitration clause in financing agreement between motorcycle buyer and lender, as a dealer is not an express third party beneficiary of the arbitration clause. Read More
A borrower may challenge an interest rate as unconscionable even when the Legislature has exempted the loan from usury rate limitations. Read More
Even though compensatory damages were reduced to zero by an offset for the other party’s breach of an independent covenant of a contract, a $2 million punitive damage award is affirmed on a breach of fiduciary duty claim. Read More
Plaintiff’s shareholder derivative action against a corporation's executives and auditor in California was properly dismissed on forum non-conveniens grounds since corporation’s by-laws included a forum selection clause in favor of Delaware and auditor had consented to jurisdiction in Delaware. Read More
