The Ninth Circuit has denied Aetna’s petition to appeal an order granting class certification in a case challenging its uniform policy of denying coverage for lumbar artificial disc replacement. Martin represented the plaintiffs in the Ninth Circuit proceedings.
In dueling cross-appeals, the Court of Appeal has affirmed a jury’s findings of elder abuse in favor of Martin’s client, and limited the trial court’s order granting a whole new trial to damages only.
San Diego Super Lawyers has named Martin as the No. 1 lawyer in San Diego for all practice areas. This is the second time Martin has been named as the No. 1 lawyer in San Diego and the seventh consecutive year he has been named in the Top 3.
In a published decision, the Court of Appeal has affirmed a $3 million judgment (including $2 million punitive damages) in favor of Martin’s client and against her employer for failure to accommodate her disability, resulting in her termination.
The Court of Appeal has denied a writ petition seeking to halt the trial of an elder abuse action. The defendants argued that Martin’s client lacked standing to continue the action as the successor in interest of the original plaintiff after he died. Martin filed an opposition to the writ petition before it was denied.
The Court of Appeal has reversed a summary judgment ruling against Martin’s client in a premises liability case against the landlord for failure to install safety glass in a bedroom window, resulting in serious laceration injuries when the window broke.
The Court of Appeal has affirmed liability findings in favor of Martin’s client for unpaid royalties from the sale of her business.
The Ninth Circuit has revived the claims of Time Warner workers who alleged they were entitled to payment of accrued vacation time when their employment with Time Warner was terminated as a result of a merger.