Owning a Busy U.S. Subsidiary Doesn’t Make a Foreign Parent Company Suable in California

Horst Legal CounselAppellate Law, Business Litigation

If your company has a foreign parent, or you’re a foreign manufacturer who sells into the United States through an American subsidiary, you’ve probably assumed that the subsidiary’s heavy California business pulls the parent into California courts too. It feels obvious. But the California Court of Appeal just confirmed it doesn’t work that way, and the ruling gives cross-border companies …

What Your Audience Thinks You Meant Isn’t the Test for Defamation

Horst Legal CounselAppellate Law, Business Litigation

If your business publishes anything to the public, a documentary, an article, a review, a marketing campaign, a social post, you already know the risk that someone will read an accusation into it that you never made. When that happens, the plaintiff usually points to the reaction. Look at the comments. Look at what people assumed. A new California decision …

In California, You Can’t Amend Your Way Out of a Defective Debt Collection Lawsuit

Horst Legal CounselBusiness Litigation

If your business buys, sells, or collects charged-off consumer debt in California, there’s a habit worth breaking. When a collection complaint goes out with the wrong paperwork attached, the instinct is to amend it, swap in the right documents, and move on. But a new decision from the Court of Appeal says that instinct won’t protect you. The defect is …

Cities Can No Longer Bury Your Local Tax Refund in Red Tape

Horst Legal CounselAppellate Law, Business Litigation

If your business pays a tax to a California city and believes the city got the number wrong, you’d expect a straight path to challenge it. For years, some cities made that path anything but straight. They stacked their own refund procedures on top of the state’s claim rules, so a company seeking a local tax refund had to move …

You Don’t Owe Your Customers a Safer Product You Haven’t Finished Building

Horst Legal CounselAppellate Law, Business Litigation

Every company that makes a product makes bets: what to build next, how fast to develop it, when to launch. Plaintiffs’ lawyers found a way to turn those bets into a lawsuit. The theory was simple. Don’t argue the product you sold was defective. Argue that you should have released a safer alternative sooner, and that the delay is what …

You Won the Lawsuit. That Doesn’t Mean You’ve Collected a Dime.

Horst Legal CounselAppellate Law, Business Litigation

Summary Winning a lawsuit is only half the job. If the company or person that owes you money has no assets, the judgment can be close to worthless on its own. A recent California Court of Appeal decision, 8451 Melrose Property, LLC v. Akhtarzad, gives businesses another way to collect, letting a court add new parties to a judgment after …