Litigation

Five Ways California Is Different

By Bruce Nye

The mantra around CBL has always been "The legal environment in California is different."  Here's an article by Luce Forward's Mike Pappas in today's Corporate Counsel that says exactly this.  And the five biggest differences he lists?    

• Covenants not to compete;
• Wage and hour class actions;
• Proposition 65;
• Anti-deficiency statutes;  and
• State anti-trust laws.

I agree with these, but there's lots more.  How about these: 

• No Daubert.  In fact, as a practical matter, no Fry.
• The "Consumer Expectation Test" in product liability cases.  Or to use Mike's format, "what do you mean we can't tell the jury all the design considerations that went into our product?"
• Joint and several liability under Proposition 51.  "What do you mean you can't predict how much of the verdict we might have to pay if everybody else settles?"
• Automobile Sales Finance Act.  "What do you mean the consumer can get use of his car for free for four years because we mis-dated the sales contract by two days?"

Probably quite a few others as well . . . . .

Full post as published by CalBizLit on September 03, 2010 (boomark / email).