Civil Action is where law meets power. Join attorneys Brian Kabateck and Shant Karnikian as they dive into the legal and political forces shaping our world right now. With decades of experience in the courtroom and cases across the country, they unpack the real stories behind the headlines — exposing how the legal system shapes, and is shaped by, the world around us. It’s not just analysis. It’s a front-row seat to the battles defining justice in America.
Brian and Shant discuss Insurance Cases the Duties of the Insureds, the Genuine Dispute Doctrine, Forum Selection Clause in an Insurance Contract, and Vertical versus Horizontal Exhaustion in Insurance Policies. Mosley v. Pac Specialty Farming Operation Exclusion Precluding Recovery for Fire Destroying the Property 501 E 51st Street v Kookmin Best
. Brian and Shant discuss vandalism and civil unrest with Michael Childress, Of Counsel at Kabateck LLP. Large and small business from around the country took a hit in the wake of protests related to the death of George Floyd and the Black Lives Matter movement. Brian, Shant, and Michael
Brian and Shant discuss Personal Injury Cases that involve the Standard on Summary Judgment and a Continuance when Discovery is Outstanding; Joint and Several Liability Principles; a Primer on 998 Offers; and the Recovery of Emotional Distress Damages in a Breach of Contract Dispute. Insalaco v Hope Lutheran Church (1st DCA)
Brian and Shant discuss Attorney Fees in Lemon Law Litigation; a Civil Rights Matter; an Elder Abuse Case; and in Class Actions. Mikhaeilpoor v BMW of North America (2nd DCA) Under Song-Beverly Attorney Fees are Mandatory for Prevailing Plaintiff Attorney Vargas v Howell (9th Circuit) A Civil Rights Matter Involving a Minor
Brian and Shant discuss Unconscionability of Arbitration Agreements; the Inability to Arbitrate PAGA Claims; and Reviewing Arbitration Awards—Vacatur of Award Dougherty v. Roseville Heritage (5th DCA) Substantive Unconscionability and a Provision Limiting Elder Abuse Remedies in An Elder Abuse Case Dennison v. Rosland Capital (2nd DCA) How Lack of Mutuality is Unconscionable
Brian, Shant, and their colleague Michael Childress discuss how insurance companies instill fear in the public in order to suppress a collective voice. Misinformation, intimidation, and claim denials have become the fundamental recipe for the multi-billion dollar industry. The team discusses these problems and discuss how the shift from service
In Re Facebook Inc Internet Tracking (9th Circuit) Facebook and Whether Their Tracking of Users Violates Various CA Privacy Statutes Reynolds v Ford Motor Co (1st DCA) Lemon Law Claims and the Proper Measure of Fees Waller v FCA US LLC (2nd DCA) Admissibility of An Expert’s Opinion Luna v. Hansen (9th Circuit) The
Nationwide Biweekly v. Superior Court (CA Sup. Ct.) The UCL and False Advertising—whether parties are entitled to a jury trial in a UCL case. Calucci v. T-Mobile (4th DCA) Punitive Damages—a good primer on punitive damages. LN Management LLC v. JP Morgan (9th Circuit) Whether Dead People Can Be Sued—spoiler alert. .
Walker v Life Insurance Co. of the Southwest (USDC Central) A UCL Violation—pre-application illustrations in a life insurance policy. Textron, Inc. v. Travelers Casualty and Surety Co. (6th DCA) Choice of Law Rulings in Insurance Cases—whether it applies as Collateral Estoppel in a subsequent coverage action. KLA Tencor Corp. v Travelers
Thimon v City of Newark (1st DCA) Road Design and the Standard for Summary Judgement Alaniz v Sun Pac Shippers (2nd DCA) The Privette and Hooker Doctrines Reeve v Meleyco (3rd DCA) Enforceability of Referral Fees Lopez v Ledesma (2nd DCA) Medical Malpractice and the Standard for Applicability to Physician Assistants