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Declining to resolve prompts to interpret language of statute of repose, court says question of “lawfully” is a factual determination and quashed appeal of denial of motion for summary judgment on basis that claims barred by statute of repose.

The trial court denied the contractor’s motion for summary judgment based on the statute of repose, opining that the “current state of the law o Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte

Loss of society damages and punitive damages are not available under the general maritime law where a minor plaintiff sues arising out of a maritime personal injury accident involving her father.

The California Court of Appeal affirmed the trial court’s grant of judgment on the pleadings against a minor plaintiff who sought recovery for loss of society da Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte

Without any further factual allegations, the plaintiff’s proposed second amended complaint failed to plausibly allege the existence of a product defect.

The plaintiff brought suit against the manufacturer and online seller (Amazon) when the eye lubricant she purchased allegedly caused her permane Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte