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Articles by Peter Dubrawski
California Court of Appeals Limits the Safety Exception of the Federal Aviation Administration Authorization Act of 1994 (“FAAAA”) | JD Supra
Across the Country, Federal and State Courts have wrestled with the interpretation of a federal statute which could preempt state common law claims against brokers, carriers and freight forwarders.
Not Even Amazon Can Avoid Being In the Chain of Distribution Under California Strict Products Liability Law | JD Supra
In August of 2020, a California Court of Appeal held that Amazon was subject to strict products liability for each and every product sold on its website. (See Bolger v. Amazon.com LLC (2020), 53 Cal.App.5th 431. You can read our full analysis of that opinion here.
California Court of Appeal Vacates $30M Non-Economic Damages Award Due to Failure to Properly Apportion Liability and Attorney Misconduct During Closing Argument | Haight Brown & Bonesteel LLP - JDSupra
On January 20, 2021, the California Court of Appeal, Second District, Division Six (Ventura), in Plascencia v. Deese (B299142), vacated a $30 million non-economic damages award in a highway fatality case because: (1) the award did not properly apportion non-economic damages among everyone at fault in violation of Proposition 51; and (2) the amount of the award appeared to have been influenced by plaintiffs’ counsel’s misconduct and prejudicial remarks during closing argument.
Design Defect’s “Consumer Expectations” Test; When Is It Unavailable? | JD Supra
In Verrazono v. Gehl Company, et al., 50 Cal.App 5th 636, Plaintiff Gary Verrazono (“Plaintiff”) sued Defendant Gehl Company (“Defendant”) for negligence and strict product liability based on design defects of Defendant’s telehandler that Plaintiff was operating when it tipped over, causing Plaintiff to suffer multiple amputations.
Amazon Subject to Strict Products Liability in California | JD Supra
In Bolger v. Amazon.com LLC (No. D075738, filed 8/13/2020), Plaintiff Angela Bolger (“Plaintiff”) sued Amazon.com LLC (“Amazon”) for strict liability arising out of injuries she sustained from a replacement laptop battery purchased on Amazon’s website that subsequently exploded. A San Diego Superior Court granted Amazon’s Motion for Summary Judgment on the grounds that Amazon was not subject to strict products liability for products sold on its website. The Court of Appeals reversed.
Are Plaintiffs Permitted to Recover Damages for Shortening Life Expectancy? | JD Supra
In Johnson v. Monsanto Company (No. A155940, A156706, filed 7/20/2020), Plaintiff Dewayne Johnson (“Plaintiff”) sued Monsanto Company (“Monsanto”) when he was diagnosed with cancer which he alleged was the result of his use of Monsanto’s Roundup herbicide products. The case was tried before a San Francisco jury that returned a verdict awarding Plaintiff roughly $39,300,000 in compensatory damages and $250,000,000 in punitive damages.
Privette: The “Affirmative Contribution” Exception, How Far Does It Go? | JD Supra
In Horne v. Ahern Rentals, Inc. (No. B299605, filed 6/10/2020 ord. publ. 6/10/2020), Plaintiffs filed a wrongful death action against Defendant Ahern Rentals, Inc. (“Ahern”) arising out of the fatal incident involving Ruben Dickerson (“decedent”), while employed by independent contractor 24-Hour Tire Service, Inc.
Court of Appeal Holds Truck Driver Not Liable for Unforeseen Roadrage under the Sudden Emergency Doctrine | JD Supra
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