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.

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California Appellate Tracker

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Long v. Provide Commerce, Inc.

Unless the website prominently discloses that use of the site constitutes agreement to its terms, a “browsewrap” disclosure of terms is insufficient to bind the user to the arbitration clause in the site’s terms.   Read More

Lenz v. Universal Music Publishing, Inc.

A notifier who sends a take-down notice to a website owner can be held liable to the poster of the taken-down content, if the notifier sends a take-down notice without first making a good faith determination that the content's use of copyrighted material is not protected by the fair use doctrine.  Read More

Arizona ex rel. Horne v. Geo Group, Inc.

The EEOC is not required to conciliate with an employer on behalf of individual employees before bringing suit on behalf of a class of employees, but may conciliate on behalf of the class and then join to the suit particular individuals who fall within the specified class.  Read More

Ontiveros v. Constable

The same attorney cannot represent both a corporation and those of its officers or shareholders who are sued by a minority shareholder in a derivative action.  Read More

Costello v. Buckley

Attorney was disqualified from defending his brother against suit by brother’s former lover whom attorney had previously represented, when the lover produced direct evidence of she had shared relevant confidential information with attorney. Attorney represented Costello in a suit about an easement over property she owned. At the time Costello was romantically involved with Attorney's brother, Buckley. Later, that romantic… Read More

In re Marriage of Murchison

Ordinarily, a movant has no standing to seek disqualification of another party's attorney unless the movant had a prior attorney-client, confidential, or fiduciary relationship with that attorney.  Husband does not have standing to seek disqualification of wife's counsel in a marital dissolution proceeding. Husband sought disqualification on the ground that counsel had purchased the couple's former residence from wife to… Read More

Salazar v. Matejcek

To preserve a statute of limitations defense, the answer must (1) allege facts showing that the action is time-barred and showing that the defense of the statute of limitations is being raised, or (2) plead the specific section and subdivision of the CCP which is applicable and bars the suit; catch-all references to a range of statutes are insufficient to… Read More

United States ex rel. Mateski v. Raytheon Co.

If a qui tam False Claims Act suit rests on genuinely new and material information not publicly disclosed by a government audit, report, hearing or investigation, the suit may proceed though it arises from the same transactions as the prior public disclosure. Read More

T.H. v. Novartis Pharmaceuticals Corp.

Plaintiffs injured by a another manufacturer’s generic version of a brand name drug may recover from the brand name drug’s manufacturer on claims for negligent failure to warn of and negligent misrepresentation about potential adverse side effects of the drug. Read More

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