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 | 2 Comments »
Posted on April 21, 2014 by cebca
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 cebca
Updated 4/24/14: On April 22, 2014, the California Assembly Judiciary Committee approved AB 2365, put forward by Assemblyman John A. Perez (D-Los Angeles), which would make 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 bill is next set to be heard in the Assembly Appropriations Committee.
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 | 2 Comments »
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 | 7 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 »