In-depth comment on this important practice area.
December 26, 2006ALM Staff | Law Journal Newsletters |In Charnay v. Cobert '- Cal.Rptr.3d '', 2006 WL 3410818 (Cal.App. 2 Dist., 11/28/06) (Perluss, P.J.), the trial court erred by sustaining a demurrer to a former client's suit against the law firm that represented her as she adequately alleged, inter alia, legal malpractice and breach of fiduciary duty.
December 26, 2006ALM Staff | Law Journal Newsletters |Properly administered impact fee programs can operate to streamline California Environmental Quality Act (CEQA) review of later development projects. At the same time, impact fee programs that are not implemented in accordance with the original expectations, or that are founded upon unrealistic assumptions, may offer the lead agency and affected applicant little or no real legal relief, and may be a trap for the unwary.
December 26, 2006William W. Abbott and Janell M. BogueRecent rulings of importance to you and your practice.
December 26, 2006ALM Staff | Law Journal Newsletters |Ongoing United States military involvement in Iraq, Afghanistan and across the globe forces military parents to make important and sometimes difficult decisions with regard to their children. The current state of world affairs has resulted in increased deployment of active duty military members and increased activation and deployment of military reservists and National Guard members. Among other things, the mobilization of a military parent may result in the need for legal counsel to deal with complicated child custody issues. As a result, family lawyers dealing with military families must familiarize themselves with the Servicemembers Civil Relief Act (SCRA).
December 26, 2006Natasha GonzalezIn a recent development that will likely be of interest to companies conducting business in Europe, the American Bar Association has recently urged the U.S. government to sign, ratify and implement the Hague Convention on Choice of Court Agreements (the 'Choice of Court Convention'). The Choice of Court Convention accomplishes many goals that have long been sought by the United States. Most importantly, it provides a mechanism for the recognition of certain judgments rendered by U.S. courts, namely judgments resolving a dispute arising out of a commercial agreement that was submitted pursuant to an exclusive choice of court agreement. (See American Bar Association, Recommendation adopted by the House of Delegates (Aug. 7-8, 2006), at www.abanet.org/intlaw/policy/investment/hcca0806.pdf.)
December 26, 2006Todd S. Fishman and Laura MartinNow that the holiday season is over, employers may be facing fallout from their holiday parties. Although a review of recent cases asserting social host and workers' compensation liability reveals few reported decisions, there is likely no corresponding reduction in risk, and the increasing number of employers hosting holiday parties in recent years prompts an analysis of the challenges employers face in planning their annual holiday parties. It is not too soon to plan for next year's celebrations, while the experience from this year is fresh. This article discusses illustrative cases and suggests a number of concrete steps employers may wish to consider to reduce injuries and potential liabilities in planning their next holiday parties.
December 22, 2006Jeffrey S. Klein and Nicholas J. PappasHighlights of the latest insurance cases from around the country.
November 30, 2006ALM Staff | Law Journal Newsletters |The Third Circuit's Treesdale decision last year understandably drew considerable attention in coverage circles: It was apparently the first reported appellate decision holding that a years-long course of manufacturing asbestos products, resulting in numerous bodily injury claims, constituted a single occurrence. Liberty Mutual Ins. Co. v. Treesdale, Inc., 418 F.3d 330 (3d Cir. 2005). The court's single-occurrence ruling was significant because it meant, in combination with other policy provisions, that the insurer was obligated to pay only a single per-occurrence limit under 10 consecutive policies in respect of its policyholder's entire asbestos liability. Treesdale has potentially broad application in a variety of long-tail liability contexts where per-occurrence limits may be the most important or even sole effective limit of liability. Add the fact that Treesdale was decided as a matter of law, and Treesdale qualifies as a landmark decision in the notoriously results-driven world of number-of-occurrences litigation.
November 30, 2006Robert D. Goodman and Steve Vaccaro
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