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Foster Wheeler, LLC, et al. v. Superior Court of California, Alameda County, et al.

Paid petition · Court of Appeal of California, First Appellate District, No. A162885 · judgment July 19, 2021


Certiorari denied · December 13, 2021
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Where a mesothelioma plaintiff sues more than 100 defendants, and the plaintiff’s health would not be endangered by the deposition process, does newly enacted California Code of Civil Procedure section 2025.295 violate fundamental principles of fairness and decency when it imposes an inviolable time limit on the defendants’ examination, but imposes no time limit, at all, on the plaintiff’s examination, with no recourse to any judicial remedies under any circumstances?

Counsel of record

For petitioner
Edward R. Hugo
Hugo Parker, LLP

For respondent
Sharon JoEllen Arkin
The Arkin Law Firm

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 13 2021
    Petition DENIED.
  2. Nov 23 2021
    DISTRIBUTED for Conference of 12/10/2021.
  3. Nov 22 2021
    Reply of petitioners Foster Wheeler, LLC, et al. filed. (Distributed)
  4. Nov 08 2021
    Brief of respondents Edward Richards, et al. in opposition filed.
  5. Oct 04 2021
    Petition for a writ of certiorari filed. (Response due November 8, 2021)