Many condo complexes and buildings are governed by owner-members of the community. These folks often have little or no legal background and can get themselves into trouble when they get sued for personal injury or property damage within the development. To avoid having to unravel a disaster, counsel for these developments should arm the association management with [...]
Filed under: Civil Litigation, Legal Topics, Real property, Tort Law | Tagged: claims, common interest communities, condominium, homeowners' association | Comments Off
In an earlier blog post, I discussed the elements of a claim against a public entity for dangerous condition of public property, such as a deep pothole or obscured signage at an intersection that causes a car accident. As a followup — and in response to a reader’s thoughtful comment — here are the defenses you may [...]
Filed under: Civil Litigation, Legal Topics, Public Law, Tort Law | Tagged: dangerous condition of property, defenses, government tort, governmental immunity, municipal liability, public entity | Comments Off
A client comes into your office claiming that a deep pothole or obscured signage at an intersection caused a car accident in which she was injured. Or maybe the family of a bicyclist comes to you claiming that dangerous road conditions contributed to her fatal crash. Would you know how to analyze the situation to determine whether [...]
Filed under: Civil Litigation, Legal Topics, Public Law, Tort Law | Tagged: dangerous condition of property, government tort, public entity | 2 Comments »
I am very excited about my first YouTube video — an interview with Tim Sullivan, the contributing editor of CEB’s new book California Property Insurance: Law and Litigation. This book is a great guide for attorneys who Handle real property and advise clients on how to insure that property; Manage, or assist others who manage, [...]
Filed under: Civil Litigation, Legal Topics, Real property, Tort Law | Tagged: bad faith, first-party insurance, insurance, practice guide, real property, Tim Sullivan | Comments Off
As part of CEB’s commitment to bringing together California’s legal community, our blog will post a short interview with one of your fellow attorneys. This week, we profile attorney and Consulting Editor of CEB’s new Property Insurance book Timothy R. Sullivan: CEB: What are your practice areas and how/why did you choose or start in your [...]
Filed under: Civil Litigation, Legal Topics, Profiles, Tort Law | Tagged: bad faith, insurance coverage | Comments Off
In addition to direct copyright infringement and inducement of infringement, there is a third type of copyright infringement, “contributory infringement,” which is becoming more of an issue in the electronic world. As one Web-hosting company recently learned the hard way, Internet service providers are more frequently being found liable for contributory infringement based on the infringing [...]
Filed under: Business, Civil Litigation, Legal Topics, New Legal Developments, Tort Law | Tagged: contributory infringement, copyright infringement, Internet law | Comments Off
Libel is back in the news with actress Katie Holmes’ suit against Star Magazine. So, maybe it’s time for a quick refresher on what is libel and the showing needed for a libel claim.
Filed under: Civil Litigation, Legal Topics, Tort Law | Tagged: defamation, falsity, libel, malice | 2 Comments »
A New York real estate developer is learning the hard way that a few square feet matters. The buyer, perhaps not coincidently a lawyer, says the condo he wanted to buy was missing 109 of the advertised square feet and is taking his dispute to trial next month, as reported by the ABA Journal. Such false [...]
Filed under: Civil Litigation, Legal Topics, Real property, Tort Law | Tagged: false advertising, puffery, real estate brokers, sale of real property | Comments Off
As part of CEB’s commitment to bringing together California’s legal community, our blog will post a short interview with one of your fellow attorneys. This week, we profile Matthew J. Geyer: CEB: What are your practice areas and how/why did you choose or start in your practice area? Matt: 80% of my practice now is [...]
Filed under: Business, Civil Litigation, Legal Topics, Tort Law | Tagged: arbitration, civil litigation, mediation | Comments Off
