Liability Reform Insider
Sen. Hurtado and Asm. Nguyen Receive 2022 Civil Justice Gavels
March 16, 2022
Senator Hurtado and Assemblymember Nguyen Recognized as Champions of Legal Reform
Civil Justice Association of California Announces 2022 “Civil Justice Gavel” Recipients
SACRAMENTO, Calif. (March 16, 2022)— The Civil Justice Association of California (CJAC) is pleased to announce that Senator Melissa Hurtado (D-14) and Assemblymember Janet Nguyen (R-72) are this year’s Civil Justice Gavel recipients.
Amicus Trifecta for CJAC! CA Supreme Court Issues Three Favorable Rulings
In recent weeks, CJAC has notched three major wins in the California Supreme Court, as well as being referenced in one of the opinions. Congratulations to CJAC’s general counsel, Fred Hiestand, our appellate expert extraordinaire!
AB 2777: Reviver Legislation Will Expose Businesses to Decades, Centuries-Old Claims
CJAC is opposing an expansive new reviver bill that was introduced in the Assembly, AB 2777 (Wicks), also known as the “Sexual Abuse Cover Up Accountability Act.”
CJAC Supports Clarification of Federal Rule of Evidence 702
In February, CJAC submitted comments supporting amendments to Federal Rule of Evidence 702 proposed by the U.S. Courts Advisory Committee on Evidence Rules. CJAC appreciates Shook, Hardy & Bacon LLP’s assistance with drafting the comments on our behalf.
CJAC Releases 2021 Legislator Scorecard
CJAC has released its second annual Balance Scorecard for the 2021 legislative year, which evaluates legislators and their efforts to promote a fair, balanced civil justice system – placing them in the top or bottom half of all California legislators.
The Balance Scorecard analyzes legislators’ votes and related efforts on CJAC priority bills that promote or impede balanced civil liability policies, including bills that create unwarranted liability expansions, frivolous litigation, or private rights of action (PRAs).
New Bill Broadly Prohibits Confidential Settlements
Senator Connie Leyva (D) recently introduced SB 1149, which prohibits confidential settlement agreements in lawsuits alleging defective products or environmental conditions that pose a danger to public health or safety – defined to mean “a product or condition that has caused, or is likely to cause, significant or substantial bodily injury or illness, or death.”
SB 1149 is jointly sponsored by Consumer Reports and Public Justice.
Product Manufacturer, Creditor Liability Bills Reintroduced
Two bad bill ideas from 2021 have come back to life in new bill vehicles introduced this session. These are bills that CJAC opposed and fought last year, and we will continue our efforts against them this year as well:
Two-Year Bill Summary: Only Two of 20 CJAC Oppose Bills Advance
A total of 18 two-year bills that CJAC opposed last year remained stalled or finally failed as of the two-year bill deadline that occurred January 31. While these bad ideas can be revived elsewhere (and a couple already have), we obtained closure on the following particular bill vehicles which are now dead:
High Court to Review CA’s PAGA Arbitration Waiver Rule
On March 30, the U.S. Supreme Court will hear Viking River Cruises, Inc. v. Angie Moriana. CJAC filed an amicus brief in the case on February 7.
At issue is whether the Federal Arbitration Act (FAA) requires enforcement of a bilateral arbitration agreement between employer and employee providing that the employee cannot raise representative claims, including under California’s statutory Private Attorney General Act (PAGA).
Appellate Court Ruling Conflicts with CA’s Policy to Encourage Settlement
CJAC recently filed an amicus brief in the Third Appellate District in Madrigal v. Hyundai Motor America, C090463. The issue is whether CCP section 998’s “cost-shifting” expert witness and attorney fee provisions apply when a defendant car seller makes a monetary offer of settlement in Song-Beverly litigation and the buyer-plaintiffs reject it, and then settle with defendant before trial for less than the amount of that offer.
CA Supreme Court Welcomes First Latina Justice
Justice Patricia Guerrero was confirmed to the California Supreme Court on Tuesday, March 22, making history as the first Latina woman to serve on the state’s highest court. She was sworn in on March 28.
Conflicting 9th Circuit Opinion Disfavors Arbitration Agreements
CJAC filed an amicus brief on November 1 urging the Ninth Circuit
Court of Appeals to grant en banc review of
its 2-1 panel opinion in Chamber of Commerce, et al. v.
Bonta, et al., 20-15291.
CA Supreme Court to Hear Several Cases Dec. 7 Spanning Evidence, Med Mal, Foreclosures
The California Supreme Court has released its agenda for hearings December 7, which will include oral argument for three cases that CJAC has weighed in on.
New Privacy Agency Invites Preliminary Comments to Rulemaking
Ahead of formal rulemaking, the California Privacy Protection Agency (CPPA) invited preliminary comments on proposed rulemaking under the California Privacy Rights Act of 2020 (CPRA). CJAC collected member feedback and filed comments their behalf in early November.
CPPA asked for input specifically around topics including:
Rulemaking Underway to Implement SB 241 Remote Court Proceedings
The Judicial Council of California has commenced rulemaking to implement SB 241, which will make remote court proceedings a permanent fixture in California’s court system.
Municipal Public Nuisance Actions Against Pharmaceuticals Struck Down in Back-to-Back Decisions
In a win for the pharmaceutical industry, two different court decisions were handed down in November ruling that opioid manufacturers were not responsible for opioid abuse in their communities in public nuisance actions brought by municipalities.
Review Denied In Qaadir V. Figueroa
Earlier this month the California Supreme Court denied review in Qaadir v. Figueroa, et al. CJAC had filed a letter brief on September 29 urging the review of Second Appellate Court’s decision.
Judicial Updates: Retirements, A Tie-Breaker and New Nominees
Ninth Circuit Stalemate Ends
Ninth Circuit Reinstates AB 51 Ban on Mandatory Workplace Arbitration
Last week, a Ninth Circuit panel ruled, 2-1, in Chamber of Commerce v. Bonta to lift the injunction on California’s Assembly Bill 51, which bans arbitration agreements that are required as a condition of employment.
The panel held AB 51’s ban is not preempted by the Federal Arbitration Act (FAA). In a confusing analysis, the court reasoned that AB 51 merely deals with “pre-agreement behavior” and only prohibits agreements that are not “consensual.”
CJAC Calls on Attorney General to Provide Clarity on Global Privacy Controls Under CCPA
CJAC
sent a letter in August to Attorney General Rob
Bonta’s office asking for clarification on a newly published FAQ
that covers user-enabled global privacy controls under the
California Consumer Privacy Act (CCPA).