Tag Archives: lawsuit
SHOULD SETTLEMENTS BE CONFIDENTIAL?
Heiting & Irwin You have sustained an injury or some form of damage, filed and prosecuted your Complaint, and have now reached a settlement with the adverse party. Upon receipt of the Settlement Agreement and Release, the defendant requests that the settlement be deemed confidential, that the nature of the settlement, its terms, and… Read More »
VIRTUAL PRESENCE NOT SUFFICIENT BASIS FOR LIABILITY
The sender of a text message was granted summary judgment against plaintiffs in a New Jersey personal injury action in which the recipient, while reading that text message, sideswiped the motorcycle driven by the plaintiffs. The plaintiffs, a husband and wife who both lost their left leg in the collision, named both the driver… Read More »
The Duty to Disclose STDs — The One that Never Goes Away
In a recent local case [Behr v. Redmond, (2011) 193 Cal. App. 4th 517], the plaintiff sued the defendant for damages arising from the alleged tortious transmission of genital herpes. Essentially, the plaintiff alleged that the defendant committed fraud when he misrepresented to her that he was free of STDs, knowing this to be… Read More »
WHEN TO REFORM TORT REFORM
Reform. A positive-sounding word connoting improvement and enhancement, Webster’s defines “reform” as “an amendment of what is defective, vicious, corrupt, or depraved; a removal or correction.” However, you can have too much of a good thing, and unfortunately, tort reform supporters don’t often realize the negative effect their efforts may have upon the lives… Read More »
Jean-Simon Serrano named a 2012 Southern California Rising Star by Super Lawyers
Jean-Simon Serrano has been named to the Super Lawyers’ 2012 Southern California Rising Stars list, an honor awarded to no more than two and a half percent of attorneys in Southern California each year. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who… Read More »
The Benefits of a Large Auto Insurance Policy
If you own and drive a car in California, not only does the law require that you have auto insurance, it is also a good idea. Technically, the law doesn’t require you to have an auto insurance policy. In fact, as an alternative to insurance, one can post with the DMV a thirty-five thousand… Read More »
UNITED STATES CONSTITUTION 7TH AMENDMENT. THE RIGHT TO TRIAL BY JURY.
“In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law,” (United States Constitution, Amendment… Read More »
The Howell Decision: Is it Worse for Plaintiffs than MICRA?
The Medical Injury Compensation Reform Act (MICRA) was passed in 1975 and limits non-economic damages (pain, suffering and death of a loved one) in California medical malpractice cases to $250,000.00. Prior to December 1975, juries were free to weigh all evidence and award an amount of non-economic damages appropriate for the injury to the… Read More »
It is GPS Monitoring, not GPS Tracking
“Wow…thank you. I didn’t realize GPS would be so interesting.” That was the most repeated comment by attendees at the last meeting of the Riverside County Barristers Association after Petra Fuhriman co-owner of GPS Monitoring Solutions explained the difference between tracking and real-time, 24/7 GPS monitoring. Although it was the second meeting of the… Read More »
WHO IS CHECKING YOUR STATUS?
The health info you post online could be used against you. Dislike! By Jessica Girdwain When you log on to Facebook, what do you post? Pics of you laughing with friends or frolicking on vacay? That’s what Nathalie Blanchard, a 30-year-old IBM technician from Granby, Quebec, did – and soon after, her disability insurance… Read More »
