California Supreme Court Denies Review of Plaintiff’s Appellate Victory in Laguna Seca Raceway Gross Negligence Case

California Supreme Court Denies Review of Plaintiff’s Appellate Victory in Laguna Seca Raceway Gross Negligence Case

Court of Appeal’s reversal of trial court’s entry of summary judgment in favor of two defendants in Kim v. County of Monterey will serve as new benchmark for courts wrestling with the distinction between ordinary and gross negligence

­­­The California Supreme Court has denied a petition for review of the Court of Appeal’s published opinion reversing the trial court’s ruling in favor of two defendants in Kim v. County of Monterey (Sixth District Court of Appeal, no. H045577; Monterey Superior Court, no. 16-cv-1236). Lieff Cabraser’s client suffered serious injuries when he collided with sandbags placed immediately adjacent to the pavement of the world-renowned Laguna Seca racetrack at an amateur motorcycle event. Reversing the trial court, the Court of Appeal concluded that where, as here, there are disputed questions of fact about whether the defendants (a) increased the inherent risk of an activity and (b) breached their duty by severely departing from an industry standard, those questions must be resolved by a jury, not a court on summary judgment. The opinion provides additional clarity on what the court described as the “not well developed” question of “where to draw the line between ordinary and gross negligence as a legal matter.” [Read more…]

PG&E Will Plead Guilty to Involuntary Manslaughter Over Deaths in 2018 Camp Fire

Northern California wildfire victims, including those who suffered injury and losses as a result of the 2017 North Bay and 2018 Camp fires, have only until October 21, 2019 to file proof of claims against PG&E.

Second set of criminal convictions in just five years places PG&E among the most criminally-convicted companies in US history

As reported by The San Francisco Chronicle, Pacific Gas and Electricity Co. (PG&E) has agreed to plead guilty to 85 felony counts for its role in the 2018 Camp Fire, California’s deadliest and most destructive wildfire on record. The felonies include 84 counts of involuntary manslaughter and one count of unlawfully causing a fire resulting from a downed PG&E power line. The Camp Fire in Butte County destroyed as many as 19,000 structures and almost completely leveled the town of Paradise. [Read more…]

Plaintiffs Move to Consolidate Fraud & Injury Lawsuits in Nationwide Juul E-Cigarette Litigation

Juul MDL Complaints Consolidated Blog

As reported by Law360 (subscription), plaintiffs in Juul e-cigarette fraud and injury cases united to file two consolidated complaints on Wednesday, unifying allegations that the vaping powerhouse caused widespread lung injuries by aggressively and fraudulently marketing its devices to underage teens and younger children. [Read more…]

Mark Chalos Talks to Education Week About the Role School Districts Will Play in Fraud and Injury Litigation Against JUUL

Mark Chalos Talks to Education Week About the Role School Districts Will Play in Fraud and Injury Litigation Against JUUL

Lieff Cabraser partner Mark P. Chalos spoke recently with Education Week for the article “School Districts Are Suing JUUL Over Youth Vaping. Do They Stand a Chance?” on the role districts will play in the huge wave of litigation against e-cigarette manufacturer, Juul. For their part, school districts seek to recover the costs of smoking prevention programs, counseling, and treatment for addicted students – the same students JUUL allegedly targeted with their fraudulent and predatory vaping ad campaigns. [Read more…]

Sarah London Appointed to Plaintiffs’ Executive Committee in Gilead HIV Drug Kidney & Bone Injuries Litigation

Sarah London Appointed to Plaintiffs' Executive Committee in Gilead HIV Drug Kidney & Bone Injuries Litigation

On February 5, 2020, Judge Andrew Y.S. Cheng of the Superior Court for the County of San Francisco issued an order appointing Lieff Cabraser partner Sarah R. London  to the Plaintiffs’ Executive Committee in the Gilead HIV Drug Kidney & Bone Injuries Litigation. Sarah will lead the litigation on behalf of patients across California who allege they suffered kidney and bone injuries from HIV drugs made and distributed by pharmaceutical giant Gilead Sciences, Inc. [Read more…]

Johnson & Johnson Ordered to Pay $344 Million for Selling Transvaginal Mesh Implants Despite Known Health Risks

generic mesh

As reported by Law360 (subscription), a California federal judge has ruled that Johnson & Johnson must pay nearly $344 million in civil penalties for misleading consumers about the true health risks associated with its pelvic mesh products. The trailblazing suit was brought by California’s attorney general, Xavier Becerra, who in a statement touting the judge’s decision said that “J&J knew of the dangers of its mesh products but had prioritized its profits over women’s health.” [Read more…]

Abby Wolf to Discuss Public Nuisance Law and Its Impact on the Opioid Litigation at Upcoming ABA Conference in Colorado

Abby Wolf ABA Conference Colorado

Lieff Cabraser attorney Abby R. Wolf will be speaking at the American Bar Association’s 2020 Environmental & Energy, Mass Torts, and Products Liability Litigation Committees’ Joint Regional CLE Program taking place from January 29-31, 2020 at The Westin Snowmass Resort in Colorado. Abby will be featured on the panel “Mass Torts Committee Breakout: Public Nuisance Law and Its Impact on the Opioid Litigation and Future Mass Torts” on Friday, January 31st from 10:30-11:30am. [Read more…]

Judge in USC Tyndall Sex Abuse Gender Violence Case Signals Approval of Landmark $215M Settlement for Ex-Gynecologist’s Patients

USC image

On Monday January 6, 2020 a federal judge in Los Angeles signaled that he would give final approval to USC’s landmark, $215-million federal class-action settlement with former patients of Dr. George Tyndall, who has been accused of sexual abuse and misconduct relating to tens of thousands of female patients while he was the head gynecologist at the USC student health center for over two decades. [Read more…]

Sarah London Appointed Co-Lead Counsel for Plaintiffs in National Juul E-Cigarette Litigation

Sarah London Appointed Co-Lead Counsel for Plaintiffs in National Juul E-Cigarette Litigation

On December 20, 2019, U.S. District Judge William Orrick III of the Northern District of California issued an order naming Lieff Cabraser partner Sarah R. London  as Co-Lead Counsel for plaintiffs in the nationwide multidistrict Juul e-cigarette fraud and injury litigation. [Read more…]

Abuse Survivors Can Receive Compensation From Fund Set Up By Six California Catholic Dioceses

Abuse Survivors Can Receive Compensation

Survivors need to be aware of fast-approaching January 31, 2020 deadline for all claims

Individuals who were sexually abused by priests across six California Catholic dioceses now have the option to file claims to receive money from a new independent compensation program managed outside the church. The Independent Compensation Program (“ICP”), initially announced in May of this year, is a part of an ongoing effort by the Dioceses to repair their relationships with their communities and offer restitution for past abuses. [Read more…]

Uber Safety Report Shows Nearly 6,000 Incidents of Sexual Assault Over Past Two Years

Uber Safety Report Shows Nearly 6,000 Incidents of Sexual Assault Over Past Two Years

Uber recently released a highly-anticipated safety report, wherein the ridesharing giant, revealed that it received 5,981 reports of serious sexual assault in the U.S. during 2017 and 2018. The claims range from unwanted touching and kissing to outright rape, with almost 500 incidents of rape reported. [Read more…]

Northern California Wildfire Victims Secure PG&E Agreement to Provide $13.5 Billion in Compensation for Fire Victims

Firefighters fighting burning blaze

Victims Must File Claims Before December 31, 2019 Court Deadline

San Francisco, CA, December 6, 2019 — The Official Tort Claimants Committee (“TCC”), representing fire victims and other tort claimants in Pacific Gas & Electric’s (“PG&E”) bankruptcy reorganization, announce an agreement with PG&E to provide $13.5 billion in compensation for the fire victims and other tort claimants. This agreement comes after months of the TCC negotiating with PG&E on behalf of fire victims and other claimants. [Read more…]

Lieff Cabraser Partner Mark Chalos Discusses Federal Opioid Litigation on Belmont University College of Law Panel

Lieff Cabraser Partner Mark Chalos Discusses Federal Opioid Litigation on Belmont University College of Law Panel

On November 12, 2019, Lieff Cabraser partner Mark Chalos participated on an attorney panel at the Belmont Inn of Court’s “Addressing the Opioid Crisis” conference presented at Belmont University College of Law. Mark spoke on the topic, “State of the Opioid Crisis – An Inside Look at Litigation & Regulatory Solutions.” [Read more…]

Sarah London Appointed an Interim Plaintiff Leader in National Juul Litigation

Sarah London Appointed an Interim Plaintiff Leader in National Juul Litigation

As reported by Law.com (subscription), U.S. District Judge William Orrick III of the Northern District of California has appointed Lieff Cabraser partner Sarah R. London along with three other attorneys to handle preliminary matters on behalf of plaintiffs nationwide in the the multidistrict Juul e-cigarette fraud and injury litigation. [Read more…]

Three Lieff Cabraser Partners To Lead Discussions at Upcoming “Mass Torts Made Perfect” Fall 2019 Conference

Three Lieff Cabraser Partners To Lead Discussions at Upcoming “Mass Torts Made Perfect” Fall 2019 Conference

The Fall 2019 “Mass Torts Made Perfect Conference” is being held this week from October 22-24 at The Bellagio Hotel in Las Vegas. Lieff Cabraser partners Mark P. Chalos, Wendy R. Fleishman, and Sarah R. London will be participating in discussion panels at the conference. [Read more…]

Law.com Highlights Sarah London Among Lawyers Seeking to Lead Juul Lawsuits

Law.com Highlights Sarah London Among Lawyers Seeking to Lead Juul Lawsuits

Law.com highlights individual lawyers seeking leadership roles in Juul MDL

As reported by Law.com (subscription), a diverse set of nearly 50 lawyers have submitted proposals to lead the national multidistrict Juul e-cigarette fraud and injury litigation. One of the proposed leadership teams includes Lieff Cabraser partner Sarah London, and if approved would be one of the most diverse in multidistrict litigation history. The team includes ten women and three minority lawyers. The group may also add two additional women. [Read more…]

California Expands Window for Filing Child Sexual Abuse Cases

California Expands Window for Filing Child Sexual Abuse Cases

Victims can now bring suit for much older abuse cases that would in the past have been blocked by statutes of limitation

As reported by the Los Angeles Times and numerous other news outlets, California just passed a new law giving victims of childhood sexual abuse more time to report allegations and file lawsuits, and temporarily allowing previously time-barred sexual assault claims to be brought, joining multiple other states, including New York, in greatly expanding the statute of limitations for claims by sex abuse victims. [Read more…]

Lieff Cabraser Files Multiple Teen Injury Lawsuits Against JUUL Over Stroke, Lung Collapse, and Seizure Related to E-Cigarette Use

Juul E-Cigarette Injuries

Three new separate Juul lawsuits filed in California state court advance claims for injuries, design defects, strict products liability, negligence, fraudulent concealment, among other claims

September 30, 2019—(SAN FRANCISCO)—The national plaintiffs’ law firm of Lieff Cabraser Heimann & Bernstein, LLP announces the filing of three separate injury and fraud lawsuits on behalf of teenagers from California and Illinois against JUUL Labs, Inc. in Superior Court in San Francisco. The suits bring claims for a variety of lung and cardiovascular injuries as well as common claims for strict products liability, design defects, failure to warn, negligence, failure to recall, fraudulent concealment, intentional misrepresentation, and violations of California Unfair Competition Laws as well as violations of the California Consumer Legal Remedies Act. [Read more…]