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Liability Reform Insider

Liability Reform Insider

About the Insider

Overview

Liability Reform Insider is CJAC’s regular update of developments in the California Legislature, appellate courts, and more impacting civil liability.

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Want weekly legislative updates and even more inside information on Sacramento happenings? Become a CJAC member. Visit our Membership page for more information.

Article

AG Candidate Anne Marie Schubert Raises $1 Million

CJAC Liability Reform Insider (July 2021) – Sacramento District Attorney Anne Marie Schubert has raised $1 million for her 2022 campaign for attorney general since announcing her candidacy two months ago, the Sacramento Bee reported. She is running on a non-partisan, victim-centered platform and said her donors span the political spectrum. She is well known for her role in taking down the Golden State Killer.

Article

Serial ADA Lawsuit Filer Remains Fast and Furious

CJAC Liability Reform Insider (July 2021) – Sacramento attorney Scott Johnson, who is known for his serial filings of lawsuits for ADA violations around the Sacramento region and the Bay Area, has shown no signs of slowing down in recent months.

Article

State Bar Admits to Mistakes with Girardi Complaints

CJAC Liability Reform Insider (July 2021) – After being called out in a scandalous exposé from the L.A. Times in March, the State Bar of California is now admitting it mishandled its investigation into hundreds of lawsuits and years of complaints against famed attorney Tom Girardi.

Moving forward, the bar may implement tools and processes to better track patterns that could signal misconduct. The agency is also working to disbar Girardi, who has been diagnosed with Alzheimer’s and reportedly does not plan to contest the action or practice law again.

Article

CA Nonprofit Donor Disclosure Requirement Struck Down

CJAC Liability Reform Insider (July 2021) – In a 6-3 ruling, the U.S. Supreme Court recently struck down a California law that requires charities and nonprofits operating in the state to disclose information on top donors to the Attorney General’s office.
 

Article

CJAC Win
Bill Targeting Scooter Companies Stalled

CJAC Liability Reform Insider (July 2021) – AB 371 (Jones-Sawyer), a bill that creates an unnecessary shift of liability for the reckless acts of riders of scooters and other mobility devices to the mobility device companies, is now a two-year bill.

Article

ISPs Shouldn’t Be Responsible for Prop 65 Warnings

CJAC Liability Reform Insider (July 2021) – CJAC filed an amicus brief on June 7 in the First Appellate District, Div. Two in Lee v. Amazon.com, Inc., A158275.
 
The issue: Does the federal Communications Decency Act (CDA) shield an internet service provider (ISP) like Amazon from liability for not adding a warning of its own to correct the failure by third-party sellers to furnish a Proposition 65 warning about the potential toxicity of products they place for sale on the ISP’s website?
 

Article

Longtime CA Appellate Justices Bigelow, Benke Retiring

CJAC Liability Reform Insider (July 2021) – Presiding Justice Tricia A. Bigelow, who serves the Second District Court of Appeal, Division Eight, retired effective June 30 after 35 years of public service in California. Bigelow was confirmed to her position in 2010 after serving as an associate justice for the division. She’s received two prestigious legal awards and has authored several publications during her career. 
 

Article

CA Supreme Court Declines to Review Safety Issues under UCL and CLRA

CJAC Liability Reform Insider (July 2021) – On July 14, the California Supreme Court denied review in Scott Nalick v. Seagate Technology, S268227. Last month, CJAC submitted a letter brief to the Court urging review.
 
The issue: In a lawsuit under California’s Consumer Legal Remedies Act and Unfair Competition Law based on a material omission by the defendant about its product, must a plaintiff allege and show a safety issue connected to that omission? 
 

Press Release

Asms. B. Rubio and Choi Receive 2021 Civil Justice Gavels

June 14, 2021

Two Assemblymembers Recognized as Champions of Legal Reform

Civil Justice Association of California Announces 2021 “Civil Justice Gavel” Award Recipients

SACRAMENTO, Calif. (June 14, 2021)—The Civil Justice Association of California (CJAC) is pleased to announce that it has selected Assemblymember Blanca Rubio (D-48) and Assemblymember Steven Choi (R-68) to receive the 2021 Civil Justice Gavel award.

Article

CA Privacy Agency Holds Off on Regulatory Authority

CJAC Liability Reform Insider (June 2021) – The Board for the California Privacy Protection Agency (CalPPA) held its inaugural meeting on June 14, during which the board took up the topic of whether to provide notice to the Attorney General of its intent to assume rulemaking authority for the California Privacy Rights Act.

Article

California Ranks Fifth Best on 2020 ‘Justice Index’

CJAC Liability Reform Insider (June 2021) – The National Center for Access to Justice (NCAJ) has released its latest Justice Index for 2020, which evaluates and ranks every state in the U.S. on its ability to provide all people with meaningful access to justice.

California came in at number five on the list and is the highest ranked state in the Western U.S.

Article

Non-Lawyer Legal Practice “Sandbox” Developing

CJAC Liability Reform Insider (June 2021) – The California state bar is continuing efforts to create a “regulatory sandbox” that would allow for experimentation with legal services, including non-lawyer legal practice.

In 2018, the bar set out to make regulatory changes that would allow better access to and delivery of legal resources. Out of that process came the Closing the Justice Gap working group, which then proposed the sandbox concept.

Article

Stalled: Bill Increasing Healthcare Costs, Creating New PAGA Action

CJAC Liabilty Reform Insider (June 2021) – AB 650 (Muratsuchi), which requires additional hazard pay and retention bonuses for health care employees who worked during the pandemic, went to the inactive file on June 3, causing it to miss the house of origin deadline and halting it for the year. Proponents may attempt to revive it with another vehicle, however.

Article

Set of Contractor Employee Liability Cases Before CA Supreme Court

CJAC Liability Reform Insider (June 2021) – Two cases are currently before the California Supreme Court dealing with the issue of liability for injuries sustained by contractor employees – Gonzalez v. Mathis and Sandoval v. Qualcomm. CJAC filed amicus briefs in both cases.

Article

Hearing Set in “Reasonable Value” of Medical Services Case

CJAC Liability Reform Insider (June 2021) – Oral argument has been set for June 29 in the Second Appellate District, Div. Eight in Qaadir v. Figueroa, et al., B306011. CJAC filed an amicus brief in the case in April.

The issue: How should a trial court determine the “reasonable value” of medical services for a plaintiff who eschews existing health plan coverage and instead obtains treatment from out-of-plan medical providers who charge hyperinflated prices in return for a lien on the plaintiff’s litigation recovery?
 

Article

CJAC Joins Ag., Other Trade Organizations in Challenge to Prop 65

CJAC Liability Reform Insider (June 2021) – CJAC, along with a large number of other trade associations, filed an amici brief on May 19 in National Association of Wheat Growers v. Rob Bonta, Attorney General of California.

In the brief, amici argue that requiring Prop 65 cancer warnings for glyphosate violates the First Amendment as the warnings are compelled false speech.

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