Posted on April 29, 2015 by Julie Brook, Esq.
The family of a 9-year-old California boy who survived a fall through a school’s skylight reportedly claims the school district should be held liable for his injuries because it was too easy to get on the school’s roof and district leaders knew children climbed up there but didn’t do enough to stop it. Property owners beware: A foreseeable risk can turn a trespassing child into a plaintiff. Continue reading
Filed under: Personal Injury, Real Property Law, Tort Law | Tagged: attrative nuisance, children trespassing, forseeability, landowner liability, premises liability, school district, tort liability | Leave a comment »
Posted on April 27, 2015 by Julie Brook, Esq.
An an attorney and an officer of the court, you sometimes have competing duties: to represent your clients zealously and to maintain respect for the court. When it comes to a disagreeable court ruling, you’ll need to make your strongest argument while remaining respectful to the judge. The key is to argue without arguing. Continue reading
Filed under: Litigation Strategy, New Lawyers, Trial Strategy | Tagged: attorneys, court chambers, courtroom behavior, legal argument, legal ethics | Leave a comment »
Posted on April 24, 2015 by Julie Brook, Esq.
When you’re negotiating and drafting a contract, your client may be excited and focused on the positives, but you have to keep your eye on the dark side, i.e., the consequences of a breach. Consider bargaining over favorable damages provisions—just in case. Continue reading
Filed under: Business Law, Legal Topics | Tagged: breach of contract, contract drafting, contract negotiation, contract provision, damages, guarantor, indemnity, insurance, remedies, surety | 3 Comments »
Posted on April 22, 2015 by Julie Brook, Esq.
When it comes to litigating a case, your client’s objectives are only half the story. If you want to gain an advantage, you’ll also need to successfully assess your adversary’s goals, capabilities, and willingness to fight. Continue reading
Filed under: Civil Litigation, Discovery, Legal Topics, Litigation Strategy, Pretrial Matters, Settlement Negotiation, Trial Strategy | Tagged: case assessment, case settlment, civil litigation, litigation, litigation strategy, pretrial discovery | Leave a comment »
Posted on April 20, 2015 by Julie Brook, Esq.
So, you’ve been hit with interrogatories. Before you start working on responses, review these 6 points. Continue reading
Filed under: Civil Litigation, Discovery, Legal Topics | Tagged: electronic discovery, interrogatories, litigation, pretrial discovery, protective order, responding to discovery requests, special interrogatories | 3 Comments »
Posted on April 15, 2015 by Julie Brook, Esq.
Updated June 17, 2015: The California Labor Commission has found that a driver for Uber in San Francisco is an employee of the company.
Deciding whether to treat workers as employees or independent contractors is tricky in general and even more so in the context of the new so-called sharing economy. In recent decisions, courts have refused to resolve whether the drivers for Lyft and Uber should be treated as employees or independent contractors, leaving it for juries to tackle the question. And the answer could majorly impact the companies’ highly successful business model. Continue reading
Filed under: Employment Law, Legal Topics, New Legal Developments | Tagged: independent contractors, Lyft, new economy, right to control test, sharing economy, Uber | Leave a comment »