No. 21-521

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

Lower Court: California
Docketed: 2021-10-08
Status: Denied
Type: Paid
Tags: civil-procedure deposition-time-limit due-process fairness fairness-doctrine judicial-remedies mesothelioma mesothelioma-litigation time-limits
Key Terms:
DueProcess
Latest Conference: 2021-12-10
Question Presented (AI Summary)

Whether newly enacted California Code of Civil Procedure section 2025.295 violates fundamental principles of fairness and decency when it imposes an inviolable time limit on the defendants' examination, but imposes no time limit on the plaintiff's examination, with no recourse to any judicial remedies under any circumstances

Question Presented (OCR Extract)

QUESTION PRESENTED Where a mesothelioma plaintiff sues more than 100 defendants, and the plaintiffs 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?

Docket Entries

2021-12-13
Petition DENIED.
2021-11-23
DISTRIBUTED for Conference of 12/10/2021.
2021-11-22
Reply of petitioners Foster Wheeler, LLC, et al. filed. (Distributed)
Main DocumentProof of ServiceCertificate of Word Count
2021-11-08
Brief of respondents Edward Richards, et al. in opposition filed.
Main DocumentCertificate of Word CountProof of Service
2021-10-04
Petition for a writ of certiorari filed. (Response due November 8, 2021)
PetitionAppendixCertificate of Word CountProof of Service

Attorneys

Edward Richards, et al.
Sharon JoEllen Arkin — The Arkin Law Firm, Respondent
Foster Wheeler, LLC, et al.
Edward R. Hugo — Hugo Parker, LLP, Petitioner