Sharon C. Collier, Nandor B. Krause, And Kenneth C. Ward Join Severson & Werson, Expand Nationally Recognized Trial Practice Read more

Effective, Experienced, Exceptional.

California Appellate Tracker

Subscribe to California Appellate Tracker

A Washington Consumer Protection Act claim against an HMO over its restrictive practices regarding mental health treatment was not completely preempted by ERISA since the claims arose solely under Washington law, which requires that health insurers treat mental health conditions no less favorably than somatic health problems. Read More

When a question of foreign law arises, the burden is on the party relying on foreign law to raise the specific legal issues governed by foreign law and to provide the district court with the information needed to determine the meaning of the foreign law; if this burden is not met, the district court may rely on other law, usually… Read More

Decedent’s will stating "I exercise any Power of Appointment which I may have over that portion of the trust or trusts established by my parents for my benefit ...."  was a sufficient indicator that the decedent knowingly and intentionally exercised the power given him by his parents’ trust; the will do not have to identify the exact title of the… Read More

While a title isn't normally supposed to be an issue in an unlawful detainer action, under the Ellis Act the trial court should have considered relevant evidence of the landlord's phony sale of another unit in considering the landlord's intent to withdraw the building from the rental market (or not). Read More

Ads for musical, political or artistic works are not categorically excluded from protection under the Anti-SLAPP statute, but still must concern a matter of public interest to be protected; here, an ad for Michael Jackson’s posthumous record album was protected because its claim Jackson was the lead singer on three tracks addressed a matter of public interest. Read More

1 2 3 120