CEB Contributor
Ina D. Chang
Content Attorney at Continuing Education of the Bar (CEB)
Since 2020, Ina Chang has worked as a content attorney for CEB, supervising and updating the tort, litigation, and insurance practice guides. Prior to that, she worked for over 12 years on product liability, class action, insurance, and consumer-fraud cases. Ms. Chang has extensive experience in case coordination for both state and federal courts, and has handled all phases of civil discovery, including taking and defending depositions and the development of expert and company witnesses. She was an integral part of numerous defense teams that went to trial and often involved complex litigation.
Ms. Chang graduated with a J.D. from the University of California, Davis School of Law in 2005, where she received a King Hall Public Service Commitment Certificate. She earned a BA in Political Science and Mass Communications from the University of California, Berkeley in 2001. Ms. Chang served as a judicial extern for the California Court of Appeal, 1st District in the summer of 2004, and a judicial extern for the California Court of Appeal, 2nd District writ division in the summer of 2003.
Ms. Chang has been a member of a number of bar associations that are committed to diversity and inclusion in the legal field, including the Asian American Bar Association and Bay Area Lawyers for Individual Freedom. In 2010, she received Shook Hardy & Bacon's Mosaic Award for furthering the firm’s diversity efforts. Prior to becoming a lawyer, she was a reporter for the Daily Californian (University of California, Berkeley) and a reporting intern for a number of newspapers, including the Oakland Tribune, the Californian (Salinas, CA), and the Post-Standard (Syracuse, NY).
CEB Region:
Bay Area RegionPractice Areas:
Litigation Practice & Procedure
CONNECT
Continuing Education of the Bar (CEB)
Counties Served: Alameda, Contra Costa, San Francisco, Santa Clara
Content by Ina D. Chang
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California Supreme Court to Hear Arguments on Standard of Review in Attorney Fees Cases
October 26, 2026
Ina D. Chang
Business Litigation, Litigation Practice & Procedure, Attorney Fees & Costs, Appeals
The California Supreme Court will hear oral arguments in an attorney fee case that will have broad implications on whether a trial court’s across-the-board reduction in a fee request is a reversable error or within a trial court’s discretion and subject to heighted scrutiny on appeal.
California Federal Judge Dismisses 'Voiceprint' Privacy Class Action Against Meta
September 28, 2026
Ina D. Chang
Litigation Practice & Procedure, Privacy & Information Security
Meta has been cleared of a proposed class action in the U.S. District Court for the Northern District of California that alleged the social media platform unlawfully collected user voice data through its social media and messaging. U.S. District Judge Charles R. Breyer
Supreme Court's Bar on State Failure-to-Warn Claims in Roundup Case Ripples Through California and Nation
September 3, 2026
Ina D. Chang
Litigation Practice & Procedure, Product Liability
The U.S. Supreme Court’s recent
No General Negligence Liability Over Gilead's HIV Drug, California Supreme Court Holds
August 17, 2026
Ina D. Chang
Litigation Practice & Procedure, Product Liability
In a long-awaited
Taylor Farms Sued in California Federal Court Over Cyclosporiasis Outbreak
July 30, 2026
Ina D. Chang
Business Litigation, Litigation Practice & Procedure, Product Liability
A proposed class action has been filed in California federal court against Taylor Fresh Foods, Inc., also known as Taylor Farms, alleging it supplied lettuce to restaurants, such as Taco Bell, that were contaminated with the microscopic parasite cyclosporiasis. The suit is one of several filed across the country, including in Michigan and Ohio, as the Centers for Disease Control and Prevention (CDC) has received reports of
17 States Sue California Regulators Over State Law Banning Single-Use Plastics By 2032
July 2, 2026
Ina D. Chang
Constitutional Law, Environmental, Land Use & Natural Resources, State & Local Government
Seventeen states and the National Association of Wholesaler-Distributors have
LA Juries Award Both Defense and Plaintiffs' Verdicts in J&J Talc Baby Powder Litigation
June 17, 2026
Ina D. Chang
Personal Injury, Product Liability
A pair of verdicts in Los Angeles County Superior Court recently returned separate defense and plaintiffs' victories in the ongoing talc-based baby powder litigation against Johnson & Johnson. On June 10, a jury awarded $32 million in the death of a woman from mesothelioma who alleged that she used the powder on herself and her children for decades, and that the product was a substantial factor in her illness. Earlier this month, another LA County jury returned a defense verdict in favor of Johnson & Johnson and its co-defendant Red River Talc LLC, in the second ovarian cancer bellwether trial, finding that the baby powder manufacturer was not negligent in the deaths of three women from ovarian cancer.
Ninth Circuit Orders EPA to Further Regulate 'decaBDE' Under the Toxic Substances Control Act
May 28, 2026
Ina D. Chang
Administrative Law, Environmental, Land Use & Natural Resources, Water & Air Quality, Hazardous Waste, Product Liability
A unanimous panel of the Ninth Circuit recently
Ninth Circuit Holds Igloo's Claim of Manufacturing 'First' Biodegradable Cooler Wasn't False Advertising Under the Lanham Act
May 19, 2026
Ina D. Chang
Business Litigation, Environmental, Land Use & Natural Resources, Litigation Practice & Procedure, Summary Judgment & Summary Adjudication
A majority of a Ninth Circuit panel recently
Ninth Circuit Finds CA Employees Have Sovereign Immunity for Facilities' Alleged Groundwater Contamination
May 7, 2026
Ina D. Chang
Environmental, Land Use & Natural Resources, Litigation Practice & Procedure, Real Property, State & Local Government
A divided Ninth Circuit panel recently
California AG Asserts Gender-Affirming Care for Minors Remains Legal After District Court Ruling
May 6, 2026
Ina D. Chang
Administrative Law, Litigation Practice & Procedure, State & Local Government
California State Attorney General Rob Bonta recently
Monsanto Proposes $7.25 Billion Nationwide Settlement of Roundup Cancer Cases
February 26, 2026
Ina D. Chang
Environmental, Land Use & Natural Resources, Personal Injury, Product Liability
Monsanto, the manufacturer of Roundup herbicide, has
California Supreme Court Remands Illegible Arbitration Agreement to Determine Conscionability
February 5, 2026
Ina D. Chang
Appellate Law, Employment Law, Litigation Practice & Procedure, Arbitration
In a recent 6-1
CA Complaint Alleges McDonald's Is Liable for Customer's Violent Death at Los Angeles Drive-Thru
January 15, 2026
Ina D. Chang
Litigation Practice & Procedure, Personal Injury
A California state court complaint has been filed against McDonald's Corp., and other defendants, alleging that the fast food giant is liable for an attack by an unhoused individual while plaintiffs waited in a drive-thru line in the Boyle Heights neighborhood of Los Angeles, leaving one of them fatally injured.
California Attorney Fees Litigation: Top 2025 Cases
December 22, 2025
Ina D. Chang
Appellate Law, Litigation Practice & Procedure, Attorney Fees & Costs
The California courts of appeal published dozens of cases addressing attorney fee issues in 2025. A few of those cases even went to the U.S. and California Supreme Courts. Here are nine of this year's more important cases providing useful guidance to litigators claiming or opposing attorney fees in California -- plus a few cases pending in the California Supreme Court to keep an eye on in 2026.
EPA and DOJ Fine Lowe's $12.5M for Alleged Lead Paint Violations
December 5, 2025
Ina D. Chang
Administrative Law, Environmental, Land Use & Natural Resources, Personal Injury
Lowe’s Home Centers recently agreed to pay a $12.5 million penalty in a proposed nationwide settlement with the U.S. Justice Department and Environmental Protection Agency (EPA) to ensure lead paint safety standards by its employees and installers. The violations stem from renovation work performed by Lowe’s contractors at hundreds of homes across the country between 2019 and 2021 for alleged violations of the EPA’s Toxic Substances Control Act’s Lead Renovation, Repair and Painting rule (RRP) rule.
LA County Judge Allows Youth Addiction Claims Against Social Media Companies To Move Forward
November 17, 2025
Ina D. Chang
Litigation Practice & Procedure, Personal Injury, Product Liability
A Los Angeles County Superior Court judge has denied multiple summary judgement motions made by social media companies in coordinated proceedings claiming social platforms are designed with addictive features that harm young users. LA County Superior Court Judge Carolyn B. Kuhl denied multiple motions for summary judgment filed by the owners of Facebook and Instagram, SnapChat, YouTube, and TikTok, allowing a trial scheduled for Jan. 27 to move forward.
First District Revives Medical Battery Claim for Vacuum-Assisted Vaginal Delivery
October 27, 2025
Ina D. Chang
Appellate Law, Litigation Practice & Procedure, Personal Injury
In a divided opinion, California’s First District Court of Appeal recently
California Federal Judge Rejects Child Pornography Suit Over Nirvana's 'Nevermind' Cover
October 3, 2025
Ina D. Chang
Litigation Practice & Procedure, Personal Injury
A California federal judge has rejected a lawsuit brought by the man who was photographed naked as a four-month-old baby for the cover of Nirvana’s iconic 1991 album "Nevermind”, finding that the image did not meet the requirements for child pornography.
Delta Airlines Negotiates $79M Class Settlement with LA and Orange County Residents for Fuel Dump
September 11, 2025
Ina D. Chang
Environmental, Land Use & Natural Resources, Personal Injury, Product Liability, Real Property
Delta Airlines has reached a class action settlement agreement with a group of Los Angeles and Orange County residents who claimed that in January 2020, the airline’s plane dumped fuel over their properties at a low altitude. The $78.75 million deal would require U.S. District Judge John A. Kronstadt to vacate a denial of summary judgment from 2023.
California Federal Judge Grants Class Certification in Case Against Tesla Over Self-Driving Vehicle Claims
August 21, 2025
Ina D. Chang
Business Litigation, Litigation Practice & Procedure, Class Actions, Product Liability
A California federal judge has granted class certification in a lawsuit brought by purchasers or lessees of Tesla vehicles for allegedly misleading statements about the full self-driving capability of the cars. However, the court narrowed the proposed class definitions to only those plaintiffs who would consider buying Tesla's full self-driving technology package again.
The Court Fight Over Fluoride in Water Moves to the Ninth Circuit
July 31, 2025
Ina D. Chang
Administrative Law, Environmental, Land Use & Natural Resources, Personal Injury, State & Local Government
The dispute between the Environmental Protection Agency and anti-flouride groups over fluoride in water continues to progress through the federal court system. The EPA has recently filed an appeal before the Ninth Circuit, arguing that plaintiffs challenging fluoridation don't have standing to bring the suit. Meanwhile, the EPA's position in the case seems to conflict with the views of other federal administrative officials -- most notably U.S. Health and Human Services Secretary Robert F. Kennedy, Jr., who has said fluoride is dangerous to health.
California Supreme Court Holds Ford Can't Arbitrate Car Owners' Claims Based on Sales Contract With Dealers
July 10, 2025
Ina D. Chang
Business Litigation, Litigation Practice & Procedure, Arbitration, Personal Injury, Product Liability
The California Supreme Court has ruled that Ford Motor Company cannot compel buyers of Focus and Fiesta vehicles to arbitrate their design defects claims based on the arbitration clause in sales contracts between the buyers and seller dealerships. In a unanimous decision authored by Justice Carol Corrigan, the court
Alameda County Jury Awards American Airlines Employees $18.7M Over Toxic Uniforms
June 20, 2025
Ina D. Chang
Personal Injury, Product Liability
An Alameda County jury recently awarded five flight attendants $18.5 million in damages against American Airlines and the manufacturer of the airline's work uniforms for injuries the plaintiffs claimed arose from toxic chemicals in the uniforms' fabric. The verdict came as a second bellwether case to test whether hundreds of other employees who sued American Airlines and its uniform manufacturer, Twin Hill, can proceed with their claims.
Edison Settles U.S. Attorney Lawsuit Over 2020 Bobcat Fire for $82.5 Million
May 29, 2025
Ina D. Chang
Environmental, Land Use & Natural Resources, Litigation Practice & Procedure, Product Liability
The U.S. Attorney's Office for the Central District of California has announced the largest wildfire cost recovery settlement by the United States in the Central District. Southern California Edison has agreed to pay $82.5 million to settle a lawsuit brought on behalf of the U.S. Forest Service for costs and damages of the 2020 Bobcat Fire in the Angeles National Forest.
Surcharges for Non-Dairy Milk in Dunkin' Beverages Don't Violate the ADA, Federal Judge Holds
May 8, 2025
Ina D. Chang
Litigation Practice & Procedure, Drafting & Responding to Complaints, Motion to Dismiss (Federal), Class Actions
A California federal judge has granted a motion to dismiss a proposed class action brought by lactose-intolerant customers of Dunkin’ who asserted that an extra charge on beverages for non-dairy milk alternatives violated the Americans with Disabilities Act and state discrimination laws. U.S. District Judge Susan Illston held that the ADA does not require restaurants to offer accessible goods or to sell them at the same price as non-accessible goods, and the plaintiffs’ ADA claim failed as a matter of law.
California Federal Judge Upholds FDA's Approval of Drug That Reduces Ammonia in Cattle Waste
April 17, 2025
Ina D. Chang
Environmental, Land Use & Natural Resources, Product Liability
A California federal judge has granted a summary judgment motion filed by the U.S. Food and Drug Administration, ending a challenge to its approval of lubabegron, the active pharmaceutical ingredient in the drug Experior, which claims to reduce ammonia gas emissions from the waste of beef cattle. The ruling deals a blow to animal rights and food safety advocates who claimed the drug could harm cows and pose health risks to beef consumers.
LA Jury Awards $50M to Starbucks Customer Burned at Drive-Thru Window
March 27, 2025
Ina D. Chang
Litigation Practice & Procedure, Personal Injury, Product Liability
A Los Angeles County jury recently awarded a delivery driver $50 million in damages after a hot cup of tea spilled in his lap while at a Starbucks and required multiple skin grafts for his burns. The case is reminiscent of another highly publicized case where a jury awarded $2.9 million to an elderly woman who received third-degree burns after McDonald’s coffee spilled in her lap. Known as the “Hot Coffee Case”, the litigation led to extensive tort reform in the 1990s.
Parents' Class Action Complaint Against YouTube, TikTok Over 'Choking Challenge' Videos Dismissed With Leave to Amend
March 6, 2025
Ina D. Chang
Personal Injury, Product Liability
U.S. Magistrate Judge Virginia K. DeMarchi has dismissed a product liability class action complaint brought against Google, YouTube, and TikTok in the Northern District of California. A group of parents sued the tech giants over allegedly defective reporting features after their children died participating in a “choking challenge” or were bullied in videos posted on social platforms.
Kratom 'Addiction' Lawsuits Tested by Multiple Motions to Dismiss in California Federal Court
February 14, 2025
Ina D. Chang
Personal Injury, Product Liability
Within the past year, a number of lawsuits have been filed in California federal court against manufacturers of products derived from kratom, a plant native to Southeast Asia, claiming the products are highly addictive -- with some plaintiffs even comparing the products to opiates. These suits are currently facing multiple motions to dismiss, and practitioners representing both consumers and manufacturers should pay close attention to the outcomes in this developing area of litigation.
California AG Brings Unfair Competition and Nuisance Suit Against Kroger, Claiming It Ignored Opioid Prescription 'Red Flags'
January 24, 2025
Ina D. Chang
Business Litigation, Personal Injury, Product Liability, State & Local Government
Earlier this month, California Attorney General Rob Bonta filed a lawsuit in Los Angeles Superior Court alleging that the grocery company Kroger violated state unfair competition and public nuisance laws by having its pharmacies dispense suspicious opioid orders, and failing to conduct due diligence in filling such prescriptions.
Second District Admonishes LA County Trial Judge for Calling Plaintiff a 'Little Chinese Woman'
January 3, 2025
Ina D. Chang
Elimination of Bias, Legal Ethics
California's Second District Court of Appeal has published an opinion that addressed a Los Angeles County judge's comments calling a plaintiff a “little Chinese woman” when the judge ordered its clerk to enter a satisfaction of judgment. While the opinion held that LA County Superior Court Judge Randolph Hammock's "gratuitous reference to the plaintiff’s ethnicity and gender" did not offend due process, the concurring opinion criticized the judge, finding that the comments “degraded the integrity of the judicial branch and diminished confidence in the court.”
Farmers Insurance Not Vicariously Liable for Contractor's Sale of California FAIR Plan Fire Policy, Second District Holds
December 12, 2024
Ina D. Chang
Business Litigation, Insurance Coverage, Insurance Law
California's Second District Court of Appeal
Valero to Pay $82 Million Fine for Alleged Pollution From Refinery in the Bay Area
November 21, 2024
Ina D. Chang
Environmental, Land Use & Natural Resources, Personal Injury, Product Liability, State & Local Government
In a recent settlement agreement, Valero Refining Co. agreed to pay a nearly $82 million penalty for alleged pollution from its Benicia, California refinery in a case brought by the Bay Area Air Quality Management District (BAAQMD) and the California Air Resources Board (CARB). The penalty is the largest ever assessed in the Air District’s history.
California Federal Judge Holds Children Are at Increased Risk for Lower IQ From Fluoride in Water, Orders EPA to Regulate
November 4, 2024
Ina D. Chang
Administrative Law, Environmental, Land Use & Natural Resources, Personal Injury
A California federal judge has held that there is a preponderance of evidence to show that fluoridation of drinking water at levels typical in the United States poses an unreasonable risk of reduced IQ in children. In a September 24 decision, U.S. District Judge Edward Chen
State AGs' Youth Addiction and Fraud Claims Against TikTok Similar to Other Recent Consumer Protection Suits
October 10, 2024
Ina D. Chang
Business Litigation, Privacy & Information Security, Product Liability
On Tuesday, California Attorney General Rob Bonta co-led a coalition of 14 attorneys general in
First District Upholds Dismissal of Excess Insurance Without 'Strict' Exhaustion of Primary Coverage
September 19, 2024
Ina D. Chang
Business Litigation, Insurance Coverage, Insurance Law, Litigation Practice & Procedure
In a recent published opinion with takeaways for California practitioners representing both insurers and insureds, the First District Court of Appeal affirmed the dismissal of an equity firm's excess insurance coverage claim because the operative complaint did not allege the “strict” exhaustion of underlying coverage.
California Supreme Court Holds Party Can Bring Tort Claim for Fraudulent Concealment Based on Contractual Relationship
August 29, 2024
Ina D. Chang
Business Litigation, Breach of Contract, Business Torts , Personal Injury
In a case brought by a former corporate attorney for Uber, the California Supreme Court has unanimously
Stored Communications Act Doesn't Prohibit Meta, Snap From Complying with Subpoena of Customer's Data, Fourth District Holds
August 8, 2024
Ina D. Chang
Business Litigation, Criminal Law, Litigation Practice & Procedure, Discovery, Privacy & Information Security
In a recent
No Personal Jurisdiction for CA Federal Court Over South Korean Parent Companies of Hyundai, Kia in Anti-Theft MDL
July 18, 2024
Ina D. Chang
Insurance Law, Litigation Practice & Procedure, Product Liability
In a recent decision, U.S. District Judge James Selna ruled that the Central District of California does not have personal jurisdiction over the South Korean parent companies of Hyundai Motor Company and Kia Corporation in a multidistrict litigation involving an insurance subrogation class action. The insurers' case arises from the wave of nationwide car thefts related to social media videos showing ways to break into Hyundai and Kia vehicles. Although Judge Selna's ruling excludes the parent companies from the litigation, the car manufacturers' American counterparts are still facing the insurers' claims that their vehicles were too easy to steal.
Insurer Counter-Claims in Penile Implant Suit, Asserting No Duty to Defend Manufacturer's Allegedly Fraudulent Marketing Claims
June 27, 2024
Ina D. Chang
Insurance Law, Personal Injury, Product Liability
In an action filed last week in California federal court, an insurance company has countersued a penile implant device manufacturer, doctor, and the doctor’s practice after they sought coverage under the manufacturer’s “Commercial General Liability Policy.” Filed in the U.S. District Court Central District of California, James River Insurance Company's suit asserts that it has no duty to defend the underlying suit because the policy covering Penuma, the penile implant device at issue, only covers bodily injury damages, and not false marketing claims.
In Closely Watched Case, California Supreme Court Holds Property Insurance Doesn't Cover COVID-19 Business Losses
June 6, 2024
Ina D. Chang
Business Litigation, Insurance Coverage, Insurance Law, Real Property, Property & Liability Insurance
Resolving a four-year-old legal question that arose near the start of the COVID-19 pandemic, the California Supreme Court has unanimously held that the actual or potential presence of the virus on an insured's premises generally does not, without more, constitute direct physical loss or damage to property within the meaning of a commercial property insurance policy. (
California Supreme Court Will Review Negligence Litigation Over Gilead's HIV Drug
May 17, 2024
Ina D. Chang
Litigation Practice & Procedure, Product Liability
The California Supreme Court recently granted review in a coordinated proceeding against pharmaceutical manufacturer Gilead Life Sciences, Inc. (Gilead), which alleges that HIV/AIDS patients suffered adverse effects from their use of Gilead's medication -- and that, for financial reasons, Gilead deferred development of a less risky but equally effective medication. (
EPA Designates Two 'Forever Chemicals' as Hazardous
April 25, 2024
Ina D. Chang
Environmental, Land Use & Natural Resources, Hazardous Waste, Insurance Law, Personal Injury, Real Property
Last week, the U.S. Environmental Protection Agency (EPA)
Wire Fraud Hacking Could Be Covered Under State Farm's Directors and Officers Liability Endorsement, Federal Judge Holds
April 4, 2024
Ina D. Chang
Business Litigation, Insurance Coverage, Insurance Law
U.S. District Judge Anthony J. Battaglia has ruled that State Farm General Insurance Company could be liable for a claimed loss resulting from a fraudulent wire transfer by a property owners association’s treasurer because it may be covered under the insurance policy’s Directors and Officers Liability Endorsement. (
Trade-In or Buy-Back Not Deductible From Damages Award Under Lemon Law, CA Supreme Court Holds
March 14, 2024
Ina D. Chang
Business Transactions, Business Contract Provisions, Contract Representations and Warranties, Product Liability
The California Supreme Court has ruled that if a consumer is forced to trade in or sell a defective vehicle due to a manufacturer’s failure to comply with the Song-Beverly Consumer Warranty Act (Civ. Code, §1791 et seq.) (“Act”) -- also known as California's "lemon law" -- neither shall reduce the statutory restitution remedy. (
CA Appellate Court Reverses $600K Verdict Against Landlords for Dog Attack
February 22, 2024
Ina D. Chang
Personal Injury, Real Property, Residential Landlord-Tenant
California's Second District Court of Appeal has upheld the reversal of a $600,000 personal injury jury verdict against two landlords whose tenant’s dogs attacked an individual, finding that there was neither direct nor circumstantial evidence the landlords knew or must have known the tenant's dogs were dangerous. (
California District Court Dismisses Class Actions Alleging Tampons Contain 'Forever Chemicals'
February 1, 2024
Ina D. Chang
Business Litigation, Product Liability
U.S. District Judge Araceli Martínez-Olguin of the Northern District of California recently granted a motion to dismiss two related class action lawsuits that alleged certain tampons contained "forever chemicals," holding that the plaintiffs' allegations were insufficient to state a plausible claim for relief. (
Ninth Circuit Holds Child Pornography Suit Over Nirvana's 'Nevermind' Cover Isn't Barred By Statute of Limitations
January 11, 2024
Ina D. Chang
Litigation Practice & Procedure, Personal Injury
The Ninth Circuit has
Ninth Circuit Revives Consumer Fraud Class Action Against Boost Glucose Control Products
December 21, 2023
Ina D. Chang
Product Liability
The Ninth Circuit has overturned a dismissal of a class action against Nestle Health Care Nutrition, Inc., which alleged that the company's Boost Glucose Control products mislead reasonable consumers into believing that the products can prevent and treat diabetes.
Ninth Circuit Holds COVID-19 Wrongful Death Suit Against Cruise Line Not Preempted
November 30, 2023
Ina D. Chang
Personal Injury
The Ninth Circuit recently held that a district court improperly dismissed a wrongful death case brought against Princess Cruises, Ltd. in which the plaintiff alleged that her husband was exposed to COVID-19 during a Hawaiian cruise and died as a result. (
California District Court Splits on FDA Preemption of Health Statements on Minute Maid Juice Boxes
November 9, 2023
Ina D. Chang
Business Litigation
U.S. District Court Judge Vince Chhabria of the Northern District of California has granted in part and denied in part a motion to dismiss brought by The Coca-Cola Company ("Coca-Cola") in a case that alleged certain statements on Minute Maid juice boxes were fraudulent and misled consumers about its health benefits. (
Ninth Circuit Upholds 'Virus Exclusion' in COVID-19 Business Loss Coverage Cases
October 19, 2023
Ina D. Chang
Business Litigation, Insurance Coverage, Insurance Law
In two recent unpublished opinions, the Ninth Circuit affirmed the dismissal of COVID-19 insurance coverage loss claims because of the presence of a “virus exclusion” in the insurance policy terms. In both
School District Not Immune In Wrongful Death Suit Involving Late School Bus, Third District Holds
September 28, 2023
Ina D. Chang
Personal Injury, State & Local Government
California's Third District Court of Appeal recently ruled that a school district did not have immunity in a wrongful death lawsuit where a teenager died in a car crash after she accepted a ride from a friend after waiting 40 minutes for a school bus. (
Ninth Circuit Dismisses Class Actions Against Kellogg for Front-of-Label Protein Statements
September 7, 2023
Ina D. Chang
Litigation Practice & Procedure, Class Actions, Product Liability
The Ninth Circuit
Fifth District Holds Motor Carrier of Property's Insurer Can Provide Coverage for Less Than MCPPA Mandates
August 17, 2023
Ina D. Chang
Insurance Law
California's Fifth District Court of Appeal recently
California District Court Holds Auto Insurance Didn't Cover DoorDash Driver's Accident Outside of Vehicle
July 27, 2023
Ina D. Chang
Insurance Law, Personal Injury
The U.S. District Court for the Northern District of California recently ruled that auto insurance did not cover a DoorDash driver’s injuries when they were struck by another automobile while walking back to their car after picking up a food order. (
Ninth Circuit Finds Government Not Immune From Liability for Torts Committed During Airport Screening
July 6, 2023
Ina D. Chang
Personal Injury, State & Local Government
The Ninth Circuit recently
Kia and Hyundai Anti-Theft MDL Expanded to Add Three Cities' Nuisance Claims
June 15, 2023
Ina D. Chang
Insurance Law, Litigation Practice & Procedure, Venue, Coordination, Consolidation, or Severance, Product Liability
The Judicial Panel on Multidistrict Litigation (JPML) has expanded the
In Onglyza Product Cases, First District Court of Appeal Upholds Exclusion of General Causation Expert and Summary Judgment
May 25, 2023
Ina D. Chang
Evidence, Litigation Practice & Procedure, Summary Judgment & Summary Adjudication, Evidentiary Burdens & Presumptions, Personal Injury, Product Liability
The California Court of Appeal, First Appellate District recently held that an expert’s product liability testimony can be excluded where they solely relied on an epidemiological study to opine on causation.
California District Court Dismisses Uninsured Motorist's Claims When 'Relative' of Insured Not Previously Identified
May 5, 2023
Ina D. Chang
Insurance Law, Personal Injury
A California federal district court has held that even if a person is a “relative” and is an “insured” for purposes of California’s Uninsured Motorist Act, that doesn't necessarily qualify them for additional benefits as an insured under an uninsured/underinsured motorist policy beyond the minimum statutory requirements.
Stabbing Victims Attacked in L.A. Target Sue Retailer for Negligence and Premises Liability
April 13, 2023
Ina D. Chang
Personal Injury
Plaintiffs in Los Angeles have filed negligence, premises liability, and negligent infliction of emotional distress claims against the retailer Target, a security company, and a property management company after shoppers were stabbed with a knife that was being sold at the store. The suits allege that Target knew of increased violence in the area, had hired armed security guards to keep the store safe, and that knives for sale should have been kept behind a locked display case.
California Court of Appeal Rules a Section 998 Offer Doesn't Have To Respond to Objections To Be Upheld
March 23, 2023
Ina D. Chang
Litigation Practice & Procedure, Negotiations & Settlement , Drafting & Responding to 998 Offers
California’s Fourth Appellate District recently ruled that when a party makes a California Code of Civil Procedure section 998 offer, and the other party raises objections or questions, the offering party is not required to respond in order for the section 998 offer to remain valid (
Baby Food Litigation Rolls In as FDA Announces Draft Action Levels for Lead
March 2, 2023
Ina D. Chang
Product Liability
The Food and Drug Administration recently announced draft guidance for action levels of lead in processed foods intended for babies and children under two years of age. The draft comes after a 2021 Congressional Oversight report found that various baby foods were tainted with dangerous levels of arsenic, lead, cadmium, and mercury, and after dozens of lawsuits were subsequently filed against various baby food manufacturers in over 12 federal districts.
Cross-Complaints Included in Vexatious Litigation Count, California Appellate Court Holds
February 9, 2023
Ina D. Chang
Litigation Practice & Procedure, Case Management
In a recent ruling, California's Second District Court of Appeal has ruled that a cross-complaint filed in another state qualifies as a separate and distinct action for purposes of the vexatious litigant statute. (
California Court of Appeal Finds That Car-Sharing App Isn't a 'Rental Car Company' in SFO Permit Lawsuit
August 4, 2022
Ina D. Chang
Business Litigation, Insurance Coverage, Product Liability
A three-judge panel for California's First District Court of Appeal recently
Four Classes Certified in Juul Marketing and Product Liability MDL
July 15, 2022
Ina D. Chang
Litigation Practice & Procedure, Class Actions, Class Certification (Federal), Product Liability
U.S. District Judge William Orrick has certified four classes of consumers in a multidistrict litigation that alleges Juul vape products were unlawfully marketed to youth, that the marketing was unlawfully deceptive, and the products are not fit for ordinary use. The classes that were certified include two nationwide class of all persons who purchased a Juul product in the United States and two California classes, with two of the four classes being reserved for those who purchased the products while under the age of eighteen.
Motion to Dismiss Granted in Class Action Over Security of Apple Products
June 23, 2022
Ina D. Chang
Litigation Practice & Procedure, Class Actions, Privacy & Information Security, Product Liability
U.S. District Court Judge Edward Davila of the Northern District of California granted a motion to dismiss a putative class action against Apple, Inc. in which the plaintiffs asserted that a design defect in certain Apple products allowed unauthorized third parties to access sensitive user data.
Federal Court of Appeal Finds Vaccine Recipient Entitled to Compensation for Injuries
June 2, 2022
Ina D. Chang
Personal Injury, Product Liability
The Federal Circuit Court of Appeals has
Lead Paint Manufacturer's Successor Not Entitled to Indemnity From Insurer for Abatement Fund
May 12, 2022
Ina D. Chang
Insurance Law, Product Liability
California’s First Appellate District has upheld a trial court ruling that insurers are not required to indemnify a successor to a lead paint manufacturer after it was ordered to make an abatement payment in an underlying action. The court held that under Insurance Code §533, the successor to the paint manufacturer was not entitled to indemnity because it was not liable for losses caused by the willful act of the manufacturer. The court of appeal also found that the implied exclusion that applied to the successor liability case was distinguishable from allowing indemnity in vicarious liability situations.
Certification Denied in '100% Natural' Class Action Brought by Kern's Consumers
April 21, 2022
Ina D. Chang
Business Litigation
U.S. Southern District of California Judge Linda Lopez has denied class certification in a case which alleges that beverage distributors of various Kern’s juice-based beverage products violated consumer protection laws with statements that the products were “100% Natural” or “Made with Whole Fruit” on the front label. Plaintiffs claimed that the defendants failed to disclose artificial flavoring ingredient on the front label and advertised the products as if they were flavored only with natural ingredients, thereby violating various state and federal consumer protection laws. Judge Lopez denied class certification holding that plaintiffs’ survey results could not constitute common proof that misrepresentations made to the entire class would be material to a reasonable consumer in determining whether to purchase the products.
Solar Panel Customers Win Class Certification in Unfair Business Practices Suit
March 31, 2022
Ina D. Chang
Litigation Practice & Procedure, Class Actions, Class Certification (Federal)
U.S. Northern District of California Judge William H. Alsup has granted class certification in an unfair business practices suit brought on behalf of roughly 1,000 homeowners who allege that a solar company’s contracts contained unlawful liquidated-damages clauses and provision that imposed harsh and unlawful penalties onto customers who sought to dissolve the contract. The court found that the commonality and typicality requirements for class certification had been met as the issue of whether the default provisions constituted unenforceable liquidated damages provisions will drive the resolution of the litigation.
Rules Governing Coordination of Complex Cases Trump Trial Preference Eligibility
March 15, 2022
Ina D. Chang
Litigation Practice & Procedure, Case Management, Coordination, Consolidation, or Severance, Product Liability
California's First District Court of Appeal recently
Class Action Against Chobani Over 'Vanilla'-Labeled Yogurt Survives Motion To Dismiss
February 17, 2022
Ina D. Chang
Business Litigation, Business Torts , Unfair competition, Litigation Practice & Procedure
U.S. District Judge Edward Chen, in the Northern District of California, has denied Chobani's attempt to dismiss a putative class action alleging that the “vanilla” representations on its yogurt violates California consumer protection laws because it is not “independently” derived from the vanilla plant. (
Two Honda Class Actions Granted Final Settlement Approval Over Infotainment Defect
January 27, 2022
Ina D. Chang
Product Liability
Two federal district courts have given final settlement approval for class actions that alleged defects in American Honda Motor Co. Inc.’s touch screen consoles, also known as Infotainment Systems. Earlier this month, U.S. District Judge Cormac J. Carney approved a settlement valued at roughly $33 million where plaintiffs alleged that the systems in 2018-2019 Honda Odysseys and 2019 Honda Pilots would freeze or crash. (
Consumer Class Actions Say Seafood 'Sustainability' Claims Are Fishy -- With Mixed Results in Court
January 7, 2022
Ina D. Chang
Litigation Practice & Procedure
Several consumer fraud class actions have been filed against restaurants and seafood manufacturers alleging that they misled consumers by asserting that the seafood products being sold were “sustainably” caught. Plaintiffs assert that due to concerns about sustainability, consumers are increasingly concerned with how their food is produced. They argue that consumers are conscious of the environmental, animal welfare, and public health impacts of seafood production, and they consciously seek out seafood products that are sourced sustainably and in accordance with high environmental and animal welfare standards. While some of these cases have survived the pleading stage, others have faltered, primarily based upon the specificity of the representation and reliance by the consumers.
The Rebranding of General and Specific Jurisdiction to "All-Purpose" and "Case-Specific"
December 16, 2021
Ina D. Chang
Litigation Practice & Procedure, Personal Injury
As first year law students learn, there are two types of personal jurisdiction that allow a plaintiff to sue a defendant in state court - general and specific. While these two terms have been taught and used for decades, they are being expanded. More often, court opinions are also referring to general jurisdiction as “all purpose” and specific jurisdiction is being referred to as “case-linked” jurisdiction.
Music Festival Operators Owe Special Duty of Care to Attendees in California
November 29, 2021
Ina D. Chang
Personal Injury
In the wake of the tragedy at the Houston Astroworld music festival, many people wonder what, if any, legal duty of care should be imposed to protect concert goers? In California, a court of appeal has held that operators of music festivals have a special relationship with its invitees and owe them a duty of care under California Civil Code § 1714 because they depended on the operator to provide medical care and adequate security.
California Survival Damages Expanded to Include Pain, Suffering, and Disfigurement
November 4, 2021
Ina D. Chang
Personal Injury, Elder Law
Governor Gavin Newsom recently signed into law Senate Bill 447 which expands non-economic damages recoverable in survival actions. Effective Jan. 1, 2022 to Jan. 1, 2026, Code of Civil Procedure section 377.2 was amended to allow for the recovery of the decedent’s pain, suffering and disfigurement. Traditionally, such damages were not recoverable as compensatory damages in a survival action; however, the decedent’s emotional distress could be considered for purposes of punitive damages.
'Pink Tax' Lawsuits Have Yet To Gain Traction in Court
October 14, 2021
Ina D. Chang
Business Litigation, Product Liability
Recent lawsuits asserting that there is a “pink tax” on products marketed specifically toward women have been unable to move beyond the pleadings stage. Also known as “gender-based pricing,” a "pink tax" is an upcharge on products traditionally intended for women that have only cosmetic differences from comparable products traditionally intended for men. Courts have rejected the suits for various reasons, including that federal labeling laws preempt state law claims, that the products are sufficiently different, and that the claims must be arbitrated.
Ninth Circuit Swipes Right on Heightened Review of Class Action Settlements Prior to Certification
September 21, 2021
Ina D. Chang
Litigation Practice & Procedure, Class Actions, Class Action Settlement (Federal)
While settling a case maybe the goal for many, the ramifications are greater in a proposed class action because it impacts absent class members’ claims. Early, pre-certification settlements are open to abuse and a district court is required to search for ‘subtle signs’ that plaintiff’s counsel has subordinated class relief to self-interest.
Court of Appeal Affirms $87 Million Roundup Verdict
September 2, 2021
Ina D. Chang
Constitutional Law, Personal Injury, Product Liability
The California Court of Appeal has upheld an $87 million damages award to a couple who alleged that Roundup herbicide gave them non-Hodgkins’s lymphoma and that the manufacturer, Monsanto Co., was liable for design defect and failure to warn. In the published opinion, the panel rejected various arguments made by Monsanto, holding that the failure to warn claims were not preempted, jury instructions on the “consumer expectations” test were warranted, that there was sufficient evidence to support the verdict, and that the reduction of the punitive damages award was not excessive under the due process clause.
Court Certifies Class Action for Discolored Water in Fresno
August 12, 2021
Ina D. Chang
Litigation Practice & Procedure, Class Actions, Class Certification (California), Personal Injury
A California judge has approved a class action against the City of Fresno brought on behalf of homeowners whose pipes corroded and produced discolored water. Plaintiffs claim that the damage to residents’ galvanized plumbing was caused after the city incorporated surface water into its public water system when it had previously relied solely on groundwater. Fresno County Superior Court Judge Rosemary McGuire ruled that the plaintiffs had fulfilled the requirements for class certification, paving the way for approximately 1,800 to 2,500 people to join the suit.
JPML Denies Centralization of Lawsuits Alleging Heavy Metals in Baby Food
July 22, 2021
Ina D. Chang
Product Liability
After a congressional report found high levels of heavy metals in numerous baby food products, dozens of lawsuits and class action complaints have been filed against various manufacturers across the country alleging product liability, consumer fraud, and RICO claims. Most recently, the Judicial Panel on Multidistrict Litigation (“JPML”) denied an attempt to consolidate this litigation, finding that the companies’ manufacturing and marketing varied too much for centralization.
Ninth Circuit Affirms Preemption Dismissal in Chicken Labeling Class Action
July 1, 2021
Ina D. Chang
Business Litigation, Litigation Practice & Procedure, Class Actions
The Ninth Circuit recently upheld the dismissal of a consumer class action complaint, holding that federal regulations setting forth the method of testing and labeling for the water content in poultry products preempted independent testing conducted by a plaintiff. Where a plaintiff cannot allege that their data collection protocol is the same as the process made available for the federal government’s review, requiring a label to confirm with a plaintiff’s lab test results would necessarily impose requirements beyond those required by federal law, the court held.
Amazon and the Burning Hoverboard: California Courts Expand Online Retailers' Liability for Third-Party Product Sales
June 3, 2021
Ina D. Chang
Product Liability
As e-commerce has continued to expand and evolve, courts have grappled with determining who is liable when a product is defective. Jurisdictions remain divided over whether online retailers are immune from suits when a third party sells a product on its marketplace. However, California courts have not only affirmed this possibility, but recently broadened that liability.
U.S. Supreme Court Affirms Jurisdiction of Out-of-State Manufacturer in Product Liability Actions
April 26, 2021
Ina D. Chang
Litigation Practice & Procedure, Jurisdiction, Product Liability
The U.S. Supreme Court has ruled that out-of-state manufacturers are subject to specific jurisdiction in product liability and negligence cases where the company cultivates a market for a product in the forum and the product malfunctions there, even though the product was not manufactured, designed, or purchased in that state.
PREP Act Immunity for Products in the Fight Against COVID-19
August 6, 2020
Ina D. Chang, Betty Su
Product Liability
As the world struggles with COVID-19, the U.S. government is incentivizing manufacturers, distributors, suppliers, and the like to develop ways to combat the virus. This includes declaring an emergency under the Public Readiness and Emergency Preparedness Act (PREP Act), which provides immunity from liability for certain products used to battle the emergency. (See 85 F.R. 15198.) The only exception to this immunity is if there is a claim involving "willful misconduct" as defined in the PREP Act.
California Appeals Court Upholds First Liability Verdict in Roundup Product Liability Cases But Reduces Damages Award
July 21, 2020
Ina D. Chang
Personal Injury, Product Liability
On Monday a California appellate court
SCOTUS Maintains President's Power to Fire CFPB Director
June 29, 2020
Ina D. Chang
Constitutional Law
The U.S. Supreme Court on Monday issued a mixed
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