Livingston Law Firm is proud to announce John C. Hentschel has become a shareholder of the firm. After graduating from USF Law School in 1990, John honed his trial skills at a reputable plaintiff firm before moving to the defense side. He joined Livingston Law Firm in 2010 and immediately became an integral part of the firm. John handles some of the firm’s most complex legal matters and deftly develops and implements litigation strategy that positions the firm’s clients for best results. John is a consummate trial attorney, a trusted colleague and a skilled negotiator in addition to being an all-around great guy. For more information about John and his legal accomplishments, click here. Congratulations John!
Crystal L. Van Der Putten Elected to the Board of Directors of the Association of Defense Counsel of Northern California and Nevada
On Thursday, December 9, 2021, at the Annual Meeting of the Association of Defense Counsel of Northern California and Nevada, shareholder Crystal L. Van Der Putten was elected to the Board of Directors. ADC exclusively represents the interests of civil defense attorneys in Northern California and Nevada through its publications, accredited educational programs, and interactions with the judiciary. For more information about the ADC, click here.
LLF Shareholders Renée Welze Livingston and Crystal L. Van Der Putten successfully argued to a Santa Clara County judge that plaintiffs were precluded from proceeding against two commercial real estate landowners for catastrophic injuries sustained by an employee of the refrigeration subcontractor during a renovation project. Relying on the holding in Privette v. Superior Court (1993) 5 Cal.4th 689, the defendants argued that the employee of an independent contractor should not be allowed to recover damages from the contractor’s hirer, and the exclusive remedy for the employee was in workers’ compensation. Plaintiffs argued that one exception to the Privette doctrine applied, namely, that a landowner may be liable to a contractor’s employee when the defendants knew or reasonably should have known of a concealed, preexisting hazardous condition on its premises, of which the contractor did not know, and failed to warn the contractor of it. The court, in Lopez v. S.B.C.C., Inc. et al., Case No. 17CV314841, concluded that under the various contracts between the parties, the contractors were responsible for conducting inspections to determine worksite safety, especially after receiving notice from the landowners of possible structural problems in the area where the employee was injured.
The Ninth Circuit Affirms Summary Judgment Order Finding California’s So-Called “Large Capacity Magazine” Ban Unconstitutional
It has been nearly one year since shareholders Craig A. Livingston and Crystal L. Van Der Putten filed an amicus curiae brief with the United States Court of Appeals for the Ninth Circuit in Duncan v. Becerra on behalf of Livingston Law Firm client, The National Shooting Sports Foundation, Inc. The brief sought to affirm the summary judgment ruling of the United States District Court for the Southern District of California in favor of Plaintiffs-Appellees (individuals and organizations) finding California Penal Code section 32310 (banning magazines capable of holding more than 10 rounds) unconstitutional under the Second Amendment and enjoining enforcement of the statute. The NSSF brief provided statistics regarding the wide availability nationally of 10+ round magazines and argued Section 32310 violated the Second Amendment right to keep and bear arms (including magazines holding 10+ rounds) and could not survive any form of heightened scrutiny.
On August 14, 2020, in a 66-page ruling siding with arguments in the NSSF brief and other amici curiae, the Ninth Circuit concluded Section 32310 violated the Second Amendment and affirmed the District Court’s judgment in favor of Plaintiffs-Appellees.
Managing shareholder and founding partner Renée Welze Livingston represented Livingston Law Firm at the First Annual Bay Area Women Lawyers Retreat on February 28 – March 1, 2020 in Sonoma, California. The sold-out event was created to bring together distinguished women leaders in the law to discuss equality for women in the profession and develop tools to break down barriers and eliminate bias. The kick-off session, “Still Breaking Down the Glass Ceiling After All These Years - Judicial Perspectives on Gender and the Law,” featured California Supreme Court Chief Justice Tani Cantil-Sakauye. Livingston Law Firm was a proud Chardonnay sponsor of the event.