Posted on February 7, 2014 by Julie Brook, Esq.
The following is a guest blog post by Harmony Groves Kessler, a solo practitioner assisting individuals, small businesses, and attorneys with legal issues in business contracts/transactions public agency law and family law in northern California. She is the former Mayor of Arcata, California, where she served a four-year term on the City Council.
In today’s world, especially with sources like Yelp, it’s simple to find online reviews of most any company. We often rely on posted comments to get a sense of a business and feel justified to warn other customers when we’ve had a bad experience. Companies are increasing their efforts to monitor their online reputation and keep critical reviews from driving business away. But is punishing a customer for a bad review with a large fine going too far? Continue reading
Posted on January 10, 2014 by cebca
The following is a guest blog post by Lynn Hollenbeck. Lynn is a litigation attorney with Bunting Drayton & Alward in San Francisco, with expertise in premises defense, insurance defense, asbestos defense, and construction defect.
For defense counsel, plaintiff’s medical records often contain unexpected sources of information beyond examination findings, diagnoses, and prognoses. You may not find the dispositive document that disproves causation, but the records can bolster other issues in the case. Continue reading
Filed under: Civil Litigation, Discovery, Legal Topics, Litigation Strategy, Personal Injury, Pretrial Matters, Tort Law | Tagged: defense counsel, deposition, evidence, medical examination, medical records, personal injury | Leave a comment »
Posted on October 16, 2013 by Julie Brook, Esq.
Increasingly, plaintiffs are trying to recover damages for emotional distress unrelated to any bodily injury. And attorneys may be a new target for these claims: The Iowa Supreme Court recently approved potential emotional distress damages in a legal malpractice case. More than ever attorneys need the basics on making these claims in California and tactics for opposing them.
Filed under: Legal Topics, Tort Law | Tagged: duty of care, emotional distress claims, emotional distress damages, legal malpractice, negligent infliction of emotional distress, recovery for emotional distress, tort damages | Leave a comment »
Posted on July 8, 2013 by Julie Brook, Esq.
Photographs are an important tool in personal injury cases. Photos can have a great impact on the jury—they may even help jurors understand the issues more clearly than any words you can speak. Continue reading
Filed under: Civil Litigation, Evidence, Legal Topics, Personal Injury | Tagged: advertising, authentication, evidence, jury, personal injury, photographic evidence, photographs, trial | 3 Comments »
Posted on May 31, 2013 by Julie Brook, Esq.
There’s something you have to do before suing for medical malpractice in California: Give notice. Fail to provide the proper notice of intent to sue and you may face discipline. Continue reading
Filed under: Legal Topics, Tort Law, Young Lawyers | Tagged: medical malpractice, notice of intent to sue, professional negligence, suing a doctor | 1 Comment »
Posted on April 12, 2013 by Julie Brook, Esq.
If you’re suing a public entity or public employee (acting within the scope of employment) for money or damages, you must first file a timely administrative claim. But what do you do if you’re late in filing your claim? Continue reading
Filed under: Civil Litigation, Legal Topics, Tort Law | Tagged: Government Claims Act, suit against public entity, Tort Claims Act | Leave a comment »
Posted on February 20, 2013 by Julie Brook, Esq.
California’s dog-bite statute, CC §3342, imposes strict liability on dog owners with some interesting twists. Continue reading
Filed under: Legal Topics, Real Property Law, Tort Law | Tagged: animal law, dog-bite statute, dogs, tort liability | 1 Comment »
Posted on January 30, 2013 by Julie Brook, Esq.
Disputes between neighbors over a fallen tree or a fence line can be extremely emotional. And when these disputes turn into litigation, this heated emotion can make it very expensive for your client. Here are 5 tips to make sure that at least your attorney fees get paid in the end. Continue reading
Filed under: Civil Litigation, Legal Topics, Real Property Law, Tort Law, Young Lawyers | Tagged: advance fee agreements, attorney fee, attorney fee agreement, flat fee, hourly fee, neighbor disputes, neighbors | 5 Comments »
Posted on January 14, 2013 by Julie Brook, Esq.
If nothing else, recent natural disasters have shown us the importance of carefully reading insurance policies before we buy them. But many people won’t do that, so that leaves it to attorneys to figure out coverage after disaster strikes. Attorneys faced with this task need an organized approach to determining whether coverage exists. Continue reading
Filed under: Business Law, Legal Topics, Real Property Law, Tort Law, Young Lawyers | Tagged: insurance companies, insurance coverage, insurance policy, liability insurance | 2 Comments »