Lost in Translation: Demystifying Consolidation in Multi-Party Litigation

Author: David Kahn

September 29, 2017 3:24pm

What does it mean when the court consolidates cases?  When separate actions are filed by separate plaintiffs arising out of the same transaction or occurrence, the issue of consolidation is likely to be raised early on by one of the parties or the court.  While the idea sounds simple enough, the wording of the statute itself and the related concepts of “relatedness” and “merger” often creates confusion and doubt among the parties and sometimes the court itself as to what exactly the legal and procedural effect of the consolidation order means and what was intended. 

The Specter Of Sliding Scale Settlements In Multi-Party Litigation: Strategies For Protecting The Non-Settling Defendant

Author: David Kahn

July 30, 2017 10:31am

In formulating California’s approach to evaluating the good faith of piece-meal settlements, the California Supreme Court famously stated:  “When profit is involved, the ingenuity of man spawns limitless varieties of unfairness.”  (Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, 494-495 quoting River Garden Farms, Inc. v. Superior Court (1972) 26 Cal.App.3d 986, 993).  As set forth below, a  sliding scale settlement certainly falls within this paradigm.  Although California allows such settlements, there are statutory protections and defense strategies which should be implemented to mitigate the prejudice inherent in such settlements.

Time is on Your Side

Author: Robert Tyson

April 7, 2015 7:00pm

As of January 1, 2013, Code of Civil Procedure Section 2025.290 limits depositions in California cases to seven or fourteen hours. Additionally, the new statute expressly provides that the fourteen

Are Personal Tax Returns Discoverable in California?

Author: Jacob Felderman

May 9, 2014 8:35pm

While there is no black letter law confirming waiver of the “taxpayer privilege” in the absence of other documentation of lost income, there is legal authority arguably supporting production of tax returns when a plaintiff fails to produce evidence of his or her income.

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