Hepler

U.S. Supreme Court Rejects California’s Assertion Of Personal Jurisdiction Over Drugmaker

In Bristol-Myers Squibb Co. v. Superior Court (June 19, 2017, Case No. 16-466), the United States Supreme Court has ruled 8-1 that California lacks “specific” personal jurisdiction over a pharmaceutical company, reversing a 4-3 decision last year by the California Supreme Court.  The case arises

U.S. Supreme Court Rejects California’s Assertion Of Personal Jurisdiction Over Drugmaker

In Bristol-Myers Squibb Co. v. Superior Court (June 19, 2017, Case No. 16-466), the United States Supreme Court has ruled 8-1 that California lacks “specific” personal jurisdiction over a pharmaceutical company, reversing a 4-3 decision last year by the California Supreme Court.  The case arises

Apr 26, 2017 Laurie J. Hepler
Is This Appealable?

It’s April, and time for ASIC’s semi-annual installment of “Is This Appealable?” — a selection of adverse orders that arise frequently for trial counsel and litigants. As usual, these answers apply 95% of the time in California state courts; there are sometimes exceptions. 5. Is

Apr 26, 2017
SCOTUS Hears Specific-Jurisdiction Case From California

No clear leaning emerges from a review of the April 25 U.S. Supreme Court argument in Bristol-Myers Squibb v. Superior Court of California. The “specific” personal jurisdiction issue presented:  whether a defendant can be sued in a state court for injury claims that would be

Nat’l Fire Ins. Co. of Hartford v. Great American Ins. Company (March 1, 2017, B264238) 2017 WL 784661 [nonpublished opinion]

Hundreds of diners developed hepatitis, and several died, after consuming tainted green onions.  Two insurers of a company in the distribution chain agreed to transfer control of (at least) that company’s defense to the insurer with greater policy limits.  Years later, a jury found that

Dec 16, 2016 Laurie J. Hepler
A Holiday Poem

Hone your prose and keep it short As you approach appellate court Prune the verbiage, Pitch your story! Yacking earns you zero glory   Hook ’em soon with why you win Own the high road, limit spin Lead with strength and deal with snags Inspire

Oct 18, 2016 Laurie J. Hepler
Is This Appealable?

It’s time again for that high-stakes question: is this appealable?  As longtime readers know, failure to timely notice an appeal means permanent and usually irreparable loss of the appeal right.  So twice a year, I run through some examples to illustrate the many ways this

Aug 15, 2016 Laurie J. Hepler
Two Cliffs

Very few deadlines in civil practice are “jurisdictional,” i.e. if you miss it, the right is irretrievably lost. Many California lawyers know that the deadline to notice an appeal is one of them.  It comes 60 days after service of a notice of entry of

Jun 10, 2016 Laurie J. Hepler
An End to Automatic Depublication

Under current rules, the California Supreme Court’s decision to review a published appellate opinion automatically “depublishes” that opinion while review is pending — making it non-citable. This approach causes problems.  It eliminates useful discussions of un-reviewed issues.  And when the reviewable conflict among districts arises

Grant v. Foster Wheeler, LLC (Me. 2016) 140 A.3d 1242

Announcing new law in Maine, the court affirmed summary judgment for GMSR’s client Warren Pumps, LLC, and other manufacturers on whose behalf we briefed the key issues. Maine’s highest court set three proof standards, rejecting attempts to evade summary judgment with less precise evidence. First,

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PUBLIC ENTITIES

Whether on appeal, assisting trial counsel, or advising government officials contemplating legislative action, GMSR provides unique insight into the complex laws that impact public entities.

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INSURERS

Where coverage may exist, GMSR represents insureds on appeal effectively and efficiently. Where it does not, the firm protects insurers’ right to deny claims.

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As part of GMSR’s long-standing commitment to social justice and equality, GMSR provides pro bono appellate services to individuals and to community organizations on issues of concern.

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