General Business Disputes rss

Complex Litigation—a Game of Chess, not Checkers

June 8, 2010

The lesson here is important: complex legal strategy is a chess game. Diverse pieces are available on the chess board, only some of which involve litigation. A reactionary rush to the courthouse is almost never the right first step in any legal dispute.

Malicious Prosecution–Against Opposing Counsel–in California

February 25, 2010

Only those actions that any reasonable attorney would agree are totally and completely without merit may form the basis for a malicious prosecution suit.

US Supreme Court Decides “Principal Place of Business” Test for Corporate Diversity Jurisdiction

February 23, 2010

The phrase “principal place of business” refers to the place where the corporation’s high level officers direct, control, and coordinate the corporation’s activities.

Attorneys Fees Claim in Shareholder Derivative Case Disallowed Where Lawyers Failed to Attempt Settlement Discussions before Filing Lawsuit

January 15, 2010

In the high-stakes game of class action litigation, the lesson here is to be reasonable in trying to settle a case before litigation.

$20 Million Damages Award to Mark Geragos Reduced in “Michael Jackson Video” Case

January 12, 2010

The California Court of Appeals significantly reduced a damages award in favor of Los Angeles attorney Mark Geragos and his partner related to representation of Michael Jackson in the singer’s 2003 sex abuse trial.

The “Hardship” Defense in Unlawful Detainer Proceedings under Commercial Leases

January 5, 2010

California law (CCP §1179) provides a “hardship” defense to the tenant in most unlawful detainer actions brought by a landlord. The California Court of Appeals has recent decided yet another case discussing this defense, Burbank Mall Assoc., LLC v. Georgiou Studio, Inc. (Cal.App.2009).

Punitive Damages and Agency Limitations

December 26, 2009

In Roby v. McKesson, the California Supreme Court limited the amount of punitive damages that may be awarded against a company on the basis of bad conduct by one of its supervising employees.