CJAC: Civil Justice Association of California

Proposals to Restrict BPA Not Supported by the Science

By Todd Roberson on 07/28/2011 @ 11:48 PM

Tags: Legislature, Legal Climate

Check out the column by Jon Entine of George Mason University that ran on the Huffington Post earlier this month that explains how proposals to essentially ban the plastic additive bisphenol A (BPA) are at odds with the science on the issue.

One such proposal is alive here in California. AB 1319 by Assemblymember Betsy Butler (D-Marina Del Rey) is currently being considered by the State Senate. This bill could lead to more disputes that end up being the subject of a lawsuit because it establishes a threshold for allowable BPA levels that is so low that it may not even be technologically possible to measure.

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Near-death incident raises defibrillator issue again

By Todd Roberson on 07/27/2011 @ 11:48 PM

Tags: Legislature, Legal Climate

The Sacramento Bee reported this week that the California Environmental Protection Agency will move forward with the installation of additional automated external defibrillators (AEDs) at its headquarters in Sacramento after an employee suffered cardiac arrest last week and a union grievance was filed.

Cal EPA had been hesitant to approve the installation of addition AEDs because of concerns about liability. The only AED in the building when an employee's heart stopped beating last week was on the bottom floor of the 25-story building. The AED never arrived, but fortunately the employee survived.

If the Legislature had approved Senator Alex Padilla's SB 1281 last year, which would have reduced liability for those who use an AED during an emergency, state agencies and businesses could be less fearful of lawsuits and would be less hesitant to install life-saving AEDs.

Read the full story here.

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Surprise, Surprise...64% of Prop 65 settlements go to attorneys' fees

By Todd Roberson on 04/28/2011 @ 11:48 PM

Tags: Proposition 65, Attorneys Fees

CJAC would like to thank the Cal Biz Lit blog for analyzing the California Attorney General's latest summary of Proposition 65 settlements (Prop. 65 passed in 1986 and requires warnings in advance of exposure to toxic substances. All Prop. 65 settlements have to be reported to the Attorney General and are posted on the AG's website).

Cal Biz Lit examined the breakdown of settlement payments between penalties (75% of which go to the state), attorneys' fees, and other payments. Looking at plaintiffs with settlements in 2010 and their record over the past four years, 64% ($24 million) of the more than $38 million paid to them went to attorneys' fees. Less than 10% went to the penalties that the state of California collects 75% of.

As the analysis, which you can read here, concludes, "is this what the voters had in mind?"

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