President’s weekly report — March 20, 2015

Environment & Endangered Species Act — 60-day notice filed for the Kangaroo Rat As required by the Endangered Species Act, we filed a sixty-day notice on intent to sue with the United States Fish & Wildlife Service over the Service’s failure … Continue reading

Workers’ comp, bulk suppliers, and expanded tort liability

Flavio Ramos worked as a mold maker, machine operator, and laborer for Supreme Casting & Pattern, Inc., which manufactured metal parts through “a foundry and fabrication process,” from 1972 to 2009. During this time, the industrial processing of raw materials … Continue reading

How far does “premises liability” extend off the premises?

Lynne Haver claimed that she contracted mesothelioma as a result of coming into contact with her husband Mike’s clothing (when she did the laundry), tools, vehicles and general surroundings in the 1970’s while Mike was employed by the Santa Fe … Continue reading

President’s weekly report — March 13, 2015

Property Rights — Coastal project victory We had another fine preliminary victory against the California Coastal Commission in Beach & Bluff Conservancy v. City of Solana Beach and California Coastal Commission.  Here, we are challenging a local coastal plan adopted by the … Continue reading

President’s weekly report — February 27, 2015

Overcriminalization and the fishy abuse of Sarbanes-Oxley The United States Supreme Court issued a good decision in Yates v. United States, in favor of fisherman John Yates.  As described in our blog,  because Yates threw some undersized fish overboard after an inspection, … Continue reading

Can a legal, non-defective product be a public nuisance?

In the last decade, California was one of a group of states and cities that sued sellers and manufacturers of lead paint on the theory that those companies had contributed to a “public nuisance.” Public nuisance is a very vague … Continue reading

President’s weekly report — December 12, 2014

Property Rights — California Coastal Commission The California Coastal Commission has never been happy with our 1987 victory in Nollan v. California Coastal Commission where the United States Supreme Court held that its practice of demanding exactions in exchange for … Continue reading

Bare metal cannot cause asbestos-related diseases

Ronald Dummitt worked aboard Navy ships in the boiler rooms for two decades, during which time he was exposed to asbestos dust during the maintenance of valves and gaskets,  some of which were insulated with asbestos-containing materials.  Crane Co. manufactured … Continue reading