Insights

On July 25, 2024 Judge Rebekah Evenson of the Alameda County Superior Court issued her final statement of decision finding Langbord’s client did not commit financial elder abuse against an 86 year old plaintiff when it acquired in 2020 residential real property in Oakland from one of plaintiff’s lenders who had previously foreclosed on a loan made to plaintiff. After a 19 day bench trial that initially began in June 2023, paused, and then reconvened in January 2024 and concluded in February, 2024, the Court found that Langbord’s client did not know that plaintiff was challenging the prior foreclosure and...

“You’ve got mail been served.” The Illinois Supreme Court has announced amendments to Rule 102, allowing for electronic methods of service by special order of the court. The revised Rule 102 makes service of process easier when defendants, by choice or circumstance, are difficult to serve. The changes to Rule 102, which went into effect immediately, allow defendants to be served via email, text message, or even social media, consistent with the requirements of fairness and due process. The person requesting service by electronic means must first file a motion and include in their affidavit supporting reasons they believe the...

Terminating an employee is often a challenging and emotional process, and terminated employees may react with shock, sadness, frustration, or even aggression. But what can an employer do if a former employee takes it a step further and starts harassing—even threatening to harm—his or her former coworkers? How can the company respond to these threats, and what can it do to protect its employees? Depending on the nature, severity, and frequency of the threats, the company may be entitled to a court order prohibiting the former employee from contacting or harassing his former coworkers. Most states have laws that allow...

Chicago Partner Kasia Nowak was interviewed for an article in CLM Magazine, a publication of the Claims and Litigation Management Alliance. The article, titled “A Toxic Tale of Exposure,” features a discussion of Kasia’s experience with asbestos litigation cases, including one of her most memorable claims involving asbestos exposure. Read more about Kasia’s practice here.

On Friday, May 28, 2021, Illinois Governor JB Pritzker signed into law Senate Bill 72, which will allow plaintiffs in personal injury and wrongful death lawsuits to collect interest against defendants from the time the lawsuit is filed, rather than from the time judgment is entered.   Bill History (HB 3360) Prior to the legislation, Illinois generally only recognized post-judgment interest, meaning from when the judgment was made to the time the monetary judgment was received, in 9% interest annum. Personal injury plaintiffs generally could not collect for losses they may have incurred before judgment. Illinois trial lawyers and Democratic...

The US Supreme Court rules on triggers for CERCLA Statute of LimitationsThe Territory of Guam v. United States Decision by the U.S. Supreme Court(May 24, 2021) The Supreme Court has issued a decisive and clear message on the issue of statute of limitations calculations under CERCLA, 42 U.S.C. § 9601 et seq.. Clarence Thomas, writing for a unanimous court made clear; the trigger for the running of the statute of limitations under CERCLA (a/k/a Superfund) allowing performing parties to recoup cleanup costs from other liable parties begins to run only after settling a CERCLA specific matter, and not upon settling...

On March 2, 2021, the Missouri Supreme Court made notable changes to civil discovery practice and ordered that the new rules take effect September 2, 2021.  The changes will bring Missouri’s discovery rules more in line with the Federal Rules of Civil Procedure.  The discovery rules were originally to go into effect in 2019 pursuant to legislative changes (SB 224, which was signed into law), but the Supreme Court didn’t specifically adopt them, leading to confusion among Missouri counsel.  Below are some noteworthy aspects of the changes.  We will have to wait and see how the new rules play out...

In law school, one of the first things you learn (likely after the rule about never angering court clerks) is that precedent guides our judicial system.  When making an argument to any court of law, an attorney’s strongest position will be to cite to a similar, favorable ruling which occurred sometime in the past.  Want to have a summary judgment granted? Point to a case where summary judgment was granted in similar circumstances, such as My Argument is Clearly the Best and Please Don’t Read Their Response for X Technical Reasons.  Want your opposing party’s pleadings struck? Explain to the...

On behalf of Foley & Mansfield, partner Eddie Medina drafted and submitted comments to the Florida Supreme Court in support of its rule change adopting the federal summary judgment standard. As noted in the comments, the firm believes that the amended rule will ensure greater consistency between state and federal courts, discourage forum shopping, and improve judicial efficiency, fairness and justice. Florida’s new summary judgment standard takes effect statewide on May 1, 2021. Read the Comments Here

DEPOSITION DO-OVERS? FEDERAL RULE 30(E) ERRATA SHEET CORRECTIONS

Currently, Indiana employers must cautiously navigate a maze of different marijuana laws affecting their employees working across state lines. This is unlikely to change in the foreseeable future. Illinois, Michigan, and Ohio have enacted legislation making marijuana use legal for medical and/or recreational purposes. For now, Kentucky and Indiana remain entrenched in opposing such legislation, although recent legal use bills are wending their way through each state’s legislature. The reality is that many states have enacted marijuana legislation in various forms, some more ardent and progressive than others. Then there is the federal government to consider, because it still lists...

Don’t allow profit potential to detract from legal compliance The snake-oil salesmen of the California Gold Rush were more likely to be stoned than sued or prosecuted for their questionable claims. CBD product purveyors looking to capitalize on the current Green Rush, however, must navigate an assortment of evolving federal regulations or risk receiving ominous warning letters from the Food and Drug Administration (FDA) or Federal Trade Commission (FTC), not to mention lawsuits for personal injury and deceptive trade practices. From A-list celebrities hawking their favorite products on social media to the local drugstore, the surging popularity of CBD in...

  Transportation continues to be a major question mark In December 2018, Congress passed the Farm Bill, which, among other changes, legalized the industrial production and sale of hemp, creating new issues with transportation and possession. Hemp is classified as a variety of cannabis that contains 0.3% or less THC content. Marijuana, a federally illegal Schedule I drug, is a cannabis variety that contains more than 0.3% THC. The practical difference is that hemp is a one-stop-shop for all the basic necessities of human life: food, clothing, shelter and tools. Historically, hemp fiber was woven into sails, ropes and clothing, but...

10 tips to survive a lawsuit So, you’ve opened your cannabis business. You’ve thought of everything you can to make this business a success. You hired an accountant, got your insurance and retained an attorney? You’re all set to start raking in the big bucks … and then, you get sued. Everyone shudders at the thought of getting sued. And they should. Lawsuits are messy, ugly, painful and very, very costly. I have testified as an expert witness in several cases and I have personally sued someone. So I’d like to take this opportunity to share some things you need...

To be successful, your business will need the three A’s: attorney, accountant and agent Risk management is simply the process of anticipating losses and developing a plan to survive them. It is an important part of any successful cannabis business, and an important part of that process is assembling your risk management advisory team. I call them your “dream team” because they can help you make your business dreams come true — and they can help you avoid business nightmares. The dream team consists of the three A’s: attorney, accountant and agent. If you do not have these people on...

In this era of a billion dollar product industry where more and more states are legalizing marijuana use, there is a significant absence of legal precedent to provide guidance on cannabis product liability issues. In fact, there have only been a total of two cases dealing with cannabis product liability issues. The first was a 2015 Colorado class action against a cannabis grower for pesticide use. The second case was a wrongful death matter filed in Colorado against a manufacturer of cannabis-infused candy. While each state’s laws differ, the Restatement (Third) of Torts: Products Liability provides three potential claim theories:...

Private Party Actions are Establishing PFOS & PFOA Liability by Ilene Munk & Kacy Manahan   Perfluorooctane Sulfonate (PFOS) and Perfluorooctanoic Acid (PFOA) are the most abundant perfluoronated chemicals (PFCs) in the United States. Together PFOS and PFOA are sometimes referred to as PFCs, or C8 compounds. These substances are not naturally occurring. Humans and our manufacturing processes create them. They are as widespread as polychlorinated biphenyls (PCBs), and, some experts believe, an equally as serious environmental issue. From the 1960s until 2002, PFOS was primarily used in firefighting foam. Since the 1940s, PFOA was used in the manufacture of...

by Peter B. Langbord – Partner, and Jacqueline Karama, Foley & Mansfield Los Angeles The smoke has finally cleared. Nearly twenty years after California became the first state in the nation to legalize medical marijuana, California  approved the first statewide regulation of medical marijuana. On October 9, 2015, Governor Jerry Brown signed three medical marijuana bills (AB 243, AB 266, and SB 643) into law. These three bills, collectively known as the Medical Marijuana Regulation and Safety Act (MMRSA), created a uniform statewide licensing and operating rules for individuals and businesses in the commercial medical marijuana industry. Specifically, the MMRSA did three...

Each type of business faces its own challenges. After taking a significant hit over the past seven years, Minnesota’s residential construction industry continues to rebound. This means an increase in new home sales and remodeling projects – and the inevitable lawsuits that follow. Building and remodeling businesses, which will soon face new warranty claims, should know about the obligations – and limitations – under Minnesota’s Right to Repair law. Anyone building or selling a new house must provide a homeowner with three statutory warranties under Minn. Stat. § 327A.02. Workmanship and materials fall under a one-year warranty, akin to a...