Ericksen Arbuthnot San Jose Office Prevails On Motion For Summary Judgment On Claim Alleging Autism Center's Behavioral Plans Caused Student's Increased Disruptive Behaviors
In granting Summary Judgment to the PACE defendants on May 27, 2016, Judge Lucy Koh of the USDC accepted our argument that causation for the state law claims must be proven to a reasonable medical probability based on expert testimony.
Joint and Several Liability: Impact on Equitable Contribution
A defendant’s liability for noneconomic damages cannot exceed his or her proportionate share of fault, as compared with all fault responsible for the plaintiff’s alleged injuries and not merely that of the defendants present in the lawsuit at the time. Indeed, trial courts must assess, or allow the jury to assess, the comparative fault of other defendants who have settled before trial.
The passage of AUMA would create an entirely new industry in the country's most populous state which in turn may lead to new opportunities, as well as risks for insurance carriers.
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