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 February 11, 2015 by Julie Brook, Esq.
In response to a plaintiff’s motion for consolidation, the court can combine two or more separately filed lawsuits for simultaneous disposition. This promotes efficiency, but there are very big downsides for a defendant in a consolidated case. Here are 8 things defense counsel should consider when faced with a motion to consolidate.
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Personal Injury, Pretrial Matters, Tort Law | Tagged: complex litigation, consolidation, litigation defense, motion to consolidate, opposing motion to consolidate, trial efficiency | 1 Comment »
Posted on February 6, 2015 by Julie Brook, Esq.
Consolidation can be a useful efficiency technique because it allows the court to combine two or more separately filed lawsuits for simultaneous disposition. This efficiency is not without danger—consolidation may produce an incomprehensible case that the jury can’t handle fairly or understand.
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Personal Injury, Pretrial Matters, Tort Law | Tagged: complex litigation, consolidation, lead counsel, personal injury, pretrial motions, trial efficiency | 2 Comments »
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 | 2 Comments »
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 | 3 Comments »
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 | 4 Comments »