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Morgan v. Davidson

by Jan T. Chilton |

Defendant’s repeated kicks and punches of the plaintiff was sufficient evidence of malice and/or intent to injure, thus providing sufficient justification for a punitive damages award. Read More

Marteney v. Elementis Chemicals, Inc. (LAOSD Asbestos Cases)

by Jan T. Chilton |

Unless a personal injury plaintiff’s (future) heirs join in the settlement agreement individually, they are not bound by it or by its releases, so money paid to the plaintiff to settle future wrongful death suits is worth only as much as the hold harmless agreement by the now-deceased plaintiff is; moreover, non-settling defendants cannot take advantage of any setoff as… Read More

Lopez v. Sony Electronics, Inc.

by Jan T. Chilton |

Claims for prenatal injuries to a baby caused by the mother’s exposure to toxic chemicals are governed by the two-year statute of limitations for personal injuries from exposure to toxic chemicals, which includes tolling provisions for minors and for delayed discovery. Read More