Cases of Interest

Madrigal v. Hyundai Motor America Supreme Court of California March 20, 2025, Opinion Filed S280598

Cost shifting under section 998 is not limited to cases resolved by trial or arbitration.

Nothing in the statute's language limits its application to cases that end in trial nor exempts from its application cases that settle.

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Whether Parties in Federal Court have a Mandatory Duty to Update Discovery Responses.

Yes, under FRCP Rule 26(e) Duty to Supplement: Discovery, if a party acquires material additional information or learns that information was materially incorrect after serving discovery responses, the responding party has a duty to supplement or amend their response in a timely manner.

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Johnson v. Department of Transportation 2025 DJDAR 2274 (Mar. 17, 2025, No. C099319)

An employee's disclosure of an email to the claimant did not waive attorney-client privilege under Evid. Code, §§ 912, subd. (a), 953, because the employee lacked authority to waive it, and the agency did not fail to use reasonable means to preserve confidentiality.

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