WTK Connect
This blog provides updates and important insights about products liability, commercial, and consumer litigation. It aims to educate our audience on the developments in these areas as well as to provide the audience with unique perspectives from seasoned defense attorneys. ______________________________________________________________________________________________________________________
- California Supreme Court Addresses Disclosure of Recorded Witness Statements and Witness Lists
Jan 1, 2012 | Topics: Product Liability, Class Actions, Warranty, Business Litigation
In Coito v. Superior Court of Stanislaus County (2012) 54 Cal.4th 480, the California Supreme Court addressed the level of protection for independent witness interviews conducted by attorneys and/or investigators, and information concerning the identity of witnesses from whom counsel or counsel’s investigator has obtained statements (usually sought through form interrogatory 12.3). The Fifth District Court of Appeal in California previously held that there was no absolute or qualified work product protection for this information. The California Supreme Court disagreed, ruling that with regard to the protections surrounding the witness interviews, "we hold that a witness statement obtained through an attorney-directed interview is entitled as a matter of law to at least qualified work product protection. A party seeking disclosure has the burden of establishing that denial of disclosure will unfairly prejudice the party in preparing its claim or defense or will result in an injustice.” Id. at p. 499.
Continue reading... - Discovery Abuses and Attorney Sanctions – Authority all Advocates Should Know
Jan 1, 2012 | Topics: Business Litigation, Class Actions, Product Liability, Warranty
In May 2010, U.S. District Judge Jeffrey White ordered San Francisco solo practitioner Gregory Haynes to pay over $360,000 in sanctions for litigation misconduct. Haynes appealed the decision after arguing, to no avail, that he could not afford to pay.
Continue reading... - Governor Brown Signs Legislation Regarding Depositions, Jury Fees
Jan 1, 2012 | Topics: Warranty, Class Actions, Product Liability, Business Litigation
On September 17, 2012, Governor Brown signed Assembly Bill (AB) 1875. The new law, which goes into effect on January 1, 2013, imposes a seven-hour time limit on most depositions in state court and brings California civil procedure in line with the federal rules.
Continue reading... - In Victory for Plaintiffs, California Supreme Court Alters Rule on Joint and Several Liability
Jan 1, 2012 | Topics: Business Litigation, Class Actions, Product Liability, Warranty
In a setback for the defense bar, the California Supreme Court abrogated the common law "release rule," which held that a plaintiff who settled with one joint tortfeasor released all the others from liability.
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