Plaintiff was treated with the drug Zometa for several months after a diagnosis of breast cancer and chemotherapy. She was thereafter treated for osteonecrosis of the jaw by two oral specialists. Following the dental treatment, plaintiff brought an action against the manufacturer of Zometa, and in that pursuit offered the testimony of an expert on […]
Trial Court Has Subject Matter Jurisdiction.
Plaintiffs are the heirs of a man who was electrocuted while trimming trees. Defendants are a tree inspection company and a utility. The trial court granted the defendants’ motion to dismiss “because this court lacks subject matter jurisdiction under Public Utilities Code section 1759.” The appellate court reversed, stating: “We hold only that the superior […]
California Safe Drinking Water and Toxic Enforcement Act of 1986; The Sky Is Falling!
Plaintiff, who describes itself as a nonprofit organization “committed to promoting a safe and healthful diet and to protecting consumers from food and drink that are dangerous or unhealthful,” filed an action seeking injunctive and declaratory relief and civil penalties against seven chain restaurants alleging their grilled chicken created a chemical called PhIP, which appears […]
No Civil Enforcement Of Workplace Safety By Prosecutors Under Consumer Protection Statute.
Defendant manufactures plastic products. In 2009, a water heater exploded, killing two workers instantly. After the incident, California’s Division of Occupational Safety and Health (Cal/OSHA) opened an investigation and determined the explosion had been caused by a failed safety valve and the lack of “any other suitable safety feature on the heater” due to “manipulation […]
Surprise No Medical Records!!
Surgeons implanted a biliary stent in plaintiff during emergency abdominal surgery in 1996. Plaintiff alleges he was unaware it was there until August 2010 after he sought treatment for abdominal pain. In April 2011, plaintiff brought an action against the health care providers who treated him in 1996 and 1997. Defendants successfully demurred on statute of […]
Changing Clothes: Socks In The City.
Steelworkers brought an action under the Fair Labor Standards Act [FLSA; 29 U.S.C. § 203(o)],alleging their employer violated the FLSA by failing to compensate them for time spent donning and doffing protective gear, a process involving donning a flame-retardant jacket, pants and hood, a hardhat, a snood, wristlets, work gloves, leggings, metatarsal boots, safety glasses, earplugs […]
Subpoenas Just What The Doctor Ordered.
A physician with board certification in addiction medicine reviewed prescriptions issued by a California doctor. As a result of that review, the medical board issued subpoenas to a doctor for medical records of ten patients. The doctor refused to comply, so the medical board petitioned the superior court to compel the doctor to comply. The superior […]
Will You Pick Up My Prescription For Me?
A jury convicted a criminal defendant of possession and transportation of morphine and other drugs. Defendant was arrested on the campus of U.C. Davis after he was stopped for a traffic violation and was unable to provide identification. In his pocket was a prescription bottle containing 208 pills. Another man, who has prostate cancer and other […]
Dementia Is A ‘Mental Disorder’ Under The LPS Act.
An 83-year-old man shot and killed the handyman who came to fix the garbage disposal. He was charged with murder and he was found to be incompetent to stand trial. Doctors reported he suffered from “dementia of the Alzheimer’s type.” The superior court ordered the public guardian to petition for a conservatorship and to act […]
Big Win On Damages Now Big Loss.
79-year-old resident of a nursing home fell nine times in five weeks, usually while getting out of bed to go to the bathroom. The last time, he had to undergo brain surgery for a subdural hematoma suffered as a result of hitting his head, and later suffered a stroke. He filed a complaint for elder abuse. On […]