Posted on December 1, 2014 by Jean Magistrale, Esq.
In what’s being touted as a national precedent, the Indiana Court of Appeals upheld a $1.4 million trial court verdict for a Walgreens customer whose prescription information was leaked by a pharmacist to a third party. This may be one of the first times a health care provider was found liable under state negligence law for an employee’s failure to follow the federal Health Insurance Portability and Accountability Act (HIPAA)—and serves as a cautionary tale for employers in every state. Continue reading
Filed under: Business Law, Employment Law, Legal Topics, New Legal Developments, Tort Law | Tagged: employer liability, health care providers, HIPAA, medical records, negligence, pharmacy records, privacy, respondeat superior | Leave a comment »
Posted on July 18, 2014 by Julie Brook, Esq.
Feeling out of your element by the technical aspects of your personal injury case? Get a technical experts on your team! Here’s how technical experts can help in common personal injury cases, such as slip and fall, car accident, and product liability. Continue reading
Filed under: Legal Topics, Personal Injury, Tort Law | Tagged: attorneys, car accident, expert witnesses, personal injury, product liability, slip and fall, technical experts, trial attorneys, trial consultants | 1 Comment »
Posted on June 25, 2014 by Julie Brook, Esq.
The new teen drivers are out in force for the summer season, giving their parents a lot to be anxious about. Among the countless fears parents have every time their teen takes the wheel should be their own liability. Continue reading
Filed under: Legal Topics, Personal Injury, Tort Law | Tagged: automobile liability, car accidents, parent liability, personal injury law, teen drivers | Leave a comment »
Posted on May 16, 2014 by Julie Brook, Esq.
You don’t have a legal duty to accept a civil matter. You can just say, “thanks, but no thanks.” But if you do decide to take on a civil case, you’ve got an obligation under California law to “maintain such actions, proceedings, or defenses only as appear to be legal or just….” Bus & P C §6068(c). Go astray on that obligation and risk actions for malicious prosecution or abuse of process—and potentially be held jointly liable with your client! Continue reading
Filed under: Civil Litigation, Legal Topics, Tort Law | Tagged: abuse of process, California Rules of Professional Conduct, filing a lawsuit, frivolous lawsuit, litigation, malicious prosecution, probable cause | 3 Comments »
Posted on April 21, 2014 by CEB
The following is a guest blog by Alan M. Goldberg of the Law Office of Alan Goldberg. Alan’s practice includes Appeals, Civil Trials, and Family Law. You can follow Alan on Twitter @AlanMGoldberg.
Filed under: Civil Litigation, Family Law, Legal Topics, New Legal Developments, Tort Law | Tagged: affirmative defense, lab report, litigation privilege, negligence, paternity action, paternity test, privileged communication | 2 Comments »
Posted on February 7, 2014 by CEB
Updated 9/15/14: Governor Brown signed AB 2365, put forward by Assemblyman John A. Perez (D-Los Angeles), which makes non-disparagement clauses in contracts for sale or lease of consumer goods or services unlawful unless the clause is knowingly, voluntarily, and intelligently waived by the consumer. Perez authored the bill after learning about the KlearGear case.
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