Court of Appeals Confirms Stance on Complicity Doctrine in Case Involving a Passenger Injured by Intoxicated Driver
Posted by Jeff Eberhard Smith/ Freed/Eberhard on Sep 14th 2018
Recently, in
Mason v. BCK Corporation, 292 Or App 580 (2018), the court held that an injured plaintiff could not recover against a bar because the plaintiff was unable to demonstrate that he did not “substantially contribute” to the driver’s intoxication. In this case, the court considers whether the personal representative of a deceased passenger can hold the bar liable for serving the intoxicated driver if the passenger and intoxicated driver spent several hours drinking and sociali
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Need and Prejudice: An Eleventh-Hour Trial Continuance Where A Key Witness Is Unexpectedly Unavailable
Posted by Law Firm of Haight Brown & Bonesteel LLP on Aug 12th 2018
In Padda v. Superior Court (GI Excellence), No. E070522, the Court of Appeal, Fourth Appellate District, Division Two, recently held that a trial court abused its discretion in denying Defendants/Cross-Complainants’ request for a trial continuance where their key expert witness suddenly became ill twelve days before trial and before his deposition had been taken.The case arose from an employment-related contract dispute between two Gastroenterologists (hereafter “Petitioners”) and Plaintiff/Cros
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Court to Revisit Decision Against Fiduciary Rule
Posted by By Elizabeth Dilts on Apr 27th 2018
Attorneys general from California, Oregon and New York on Thursday filed a motion to intervene in a case between the securities industry and the U.S. Department of Labor, petitioning the full 5th U.S. Circuit Court of Appeals to revisit its earlier decision on a rule governing investment advice for retirees.The court, in a 2-1 decision in March, found in favor of the U.S. Chamber of Commerce, the Securities Industry Financial Markets Association and others that argued that the DOL’s fiduciary ru
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