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The National Law Journal's L.A....

The National Law Journal's L.A. Legal Pad

Covers the Los Angeles local legal scene.

http://www.lalegalpad.com/

Nov 18
Compensation ordered for gay couple denied spousal benefits

Today U.S. 9th Circuit Court of Appeals Judge Stephen Reinhardt ordered compensation for federal public defender Brad Levenson and his spouse, Tony Sears, who were married during the five-month period in California when same-sex marriage was legal but denied spousal benefits by the federal government. Reinhardt deemed the denial of healthcare and other benefits to be a violation of the Constitution's guarantee of due process and discrimination on the basis of sexual orientation, which is... Posted on November 18, 2009 at 01:26 pm by Richard Binder
Nov 18
King orders arbitration for former Toyota lawyer

U.S. District Judge George H. King of the Central District of California ordered that Dimitrios Biller, former national managing counsel in the legal services group in charge of Toyota's rollover litigation program, must arbitrate claims that the automobile manufacturer hid and destroyed evidence in cases involving victims of rollover accidents. He also dismissed racketeering claims brought by Biller's legal consulting firm, Litigation Discovery & Trial Consulting Inc. Biller's suit, which... Posted on November 18, 2009 at 01:00 pm by Richard Binder
Nov 18
MOVERS: Alston & Bird names two partners in Los Angeles

Alston & Bird has announced that it has named Elizabeth A. Fierman and J. Andrew Howard partners in the firm's Litigation and Trial Practice and Construction and Government Contracts Groups, respectively. Fierman and Howard are among 18 new partners named throughout Alston & Bird's nine U.S. offices, raising the total number of partners at the firm to 355 nationally, with 38 in Los Angeles. Fierman is a member of the Litigation and Trial Practice Group and focuses her practice on... Posted on November 18, 2009 at 12:40 pm by Richard Binder

Rank This Week: 25

Legal Pad

Cal Law blog.

http://legalpad.typepad.com/my_weblog/

Nov 20
S.F. Office Space: Get It Cheap, While You Can

San Francisco landlords are pretty desperate for tenants these days - but just a little less so than earlier this year. And that means they're still willing to throw in sweeteners on top of lower prices. We chatted with Frank Fudem, a San Francisco real estate broker with NAI BT Commercial who works with all kinds of companies, including law firms. Fudem says "good class A space" that would've cost in the high $50s per square foot two years ago can now be had for the low $30s. (That chart at... Posted on November 20, 2009 at 05:53 pm by Cal Law
Nov 20
Trademark Fight Draws a Line on Sand Hill Road

A legal battle for the trademark rights to the very heart of Silicon Valley is under way. Sand Hill Advisors, the Palo Alto wealth management company, is suing Sand Hill Advisors, the commercial real estate company in Los Altos, for trademark infringement. Confusing! For the three people who are still unaware, Sand Hill Road is the iconic stretch of pavement near which the sainted feet of venture capitalists tread daily to their places of work. Sand Hill Advisors, the wealth management one,... Posted on November 20, 2009 at 05:19 pm by Cal Law
Nov 19
BART Cop's Murder Trial Goes to L.A.

The murder trial for a former BART police officer is headed to Los Angeles County, an Alameda County judge reportedly ruled today. Alameda County Superior Court Judge Morris Jacobson had granted a change of venue motion a month ago, citing massive media attention to Johannes Mehserle's murder trial, public anger and political turmoil, as well as concerns over courthouse security. Los Angeles court officials reportedly said they likely wouldn't be ready for the case to start for another six... Posted on November 19, 2009 at 05:28 pm by Cal Law

Rank This Week: 29

Wage Law

Covers California wage and hour law. By Walsh & Walsh.

http://wagelaw.typepad.com/wage_law/

Aug 17
Federal Minimum Wage Increase

The federal minimum wage under the Fair Labor Standards Act, formerly $6.55 per hour, increased to $7.25 on Friday, July 24, 2009. With this change, employees who are covered by the federal Fair Labor Standards Act will be entitled to be paid no less than $7.25 per hour. Tipped employees and certain other workers are exempt or subject to different standards. This increase is the last of three provided by the enactment of the Fair Minimum Wage Act of 2007. In California, the minimum wage under... Posted on August 17, 2009 at 02:21 pm by Walsh & Walsh, P.C.
Jun 1
Court Approves $85 Million Settlement Involving Wal-Mart Wage Disputes

U.S. District Judge Philip M. Pro has given preliminary approval to an $85 million wage and hour class action settlement resolving 30 cases against Wal-Mart Stores Inc. in coordinated proceedings entitled In Re: Wal-Mart Wage and Hour Employment Practices Litigation, MDL 1735, U.S. District Court, District of Nevada (Las Vegas). The approval covers just part of a larger $640 million settlement reached last December. Posted on June 1, 2009 at 11:00 am by Walsh & Walsh, P.C.
Jun 1
Sonic-Calabasas A - Binding Arbitration Agreement Compels Dismissal of Berman Proceedings

In Sonic-Calabasas A, Inc. dba Acura 101 West v. Moreno (2009) __ Cal.App.4th __, the Court of Appeal considered whether an admittedly valid employment arbitration agreement that is governed by the Federal Arbitration Act may be enforced to dismiss an employee's administrative wage claim against his former employer for unpaid vacation pay. The employee brought the claim with the Labor Commissioner according to the "Berman" process provided in Labor Code &#xc2&#xa7&#xc2&#xa7 98 et seq. The employer responded... Posted on June 1, 2009 at 06:00 am by Walsh & Walsh, P.C.

Rank This Week: 30

California Injury Blog

Covers vehicle accidents, clergy abuse, personal injury and wrongful death. By Bisnar & Chase.

http://www.californiainjuryblog.com/

Nov 20
Bicyclist Severely Injured in Orange County Truck Accident

Dalia Albert, 26, was seriously injured in an Orange County truck accident after her bicycle crashed into a semi-trailer the afternoon of November 19, 2009. According to a news report in The Orange County Register, the big rig, driven by 29-year-old Juan Soto, was in the right lane of eastbound Edinger Avenue in Huntington Beach. He was apparently waiting at the light to turn right on Gothard Street. Albert was riding her bike east in the bike lane when the light turned green. Albert kept... Posted on November 20, 2009 at 02:47 am
Nov 20
Do You Need A California Car Accident Lawyer

A California Personal injury claim can vary in complexity. Some require experienced attorneys, while others can be settled without one. People who are involved in a car accident can handle their own claims. It is similar to handling your own injury. If you injury is a scratch to the leg you can put some antiseptic on it and a Band-Aid. If you have a broken leg that needs to be set, I don't think you want to handle it yourself. This is the same with auto accidents. The more serious the accident,... Posted on November 20, 2009 at 12:01 am
Nov 19
Los Angeles Hit-and-Run Car Accident Kills Pedestrian

Kristi Nicole Turner, 20, was killed in a Los Angeles car accident on November 13, 2009 after she was struck by an SUV while crossing the street. According to a news report in the Daily Breeze, Turner stepped in a crosswalk at Marine and Lemoli avenues in El Camino Village, an unincorporated area of Los Angeles County, when she was hit by an eastbound 1993 Chevy Suburban. Turner died at the scene. The driver of the Suburban kept going without stopping at the site of the accident. Witnesses... Posted on November 19, 2009 at 12:16 am

Rank This Week: 36

California Criminal Lawyer Blog

The California Criminal Lawyer Blog covers topics such as DUI Defense, Judicial Misconduct, Police Misconduct, Search & Seizure, and Probation cases. Written by San Diego, California Criminal Defense Lawyer, Mary Frances Prevost.

http://www.californiacriminallawyerblog.com/

Nov 18
COP SENTENCED FOR STEALING PART OF DEFENSE ATTORNEY'S FILE; SHERIFF'S DEPARTMENT SUPPORTS HIS CRIMINAL BEHAVIOR

A Maricopa County Sheriff's detention officer was found in contempt of court Wednesday for his decision to remove a document from a defense attorney's file during a sentencing hearing last month. [To see the full contempt opinion, click Download file] [This begs the question: why isn't this cop being charged with a crime for stealing a defense attorney's property? This is absolutely outrageous when defense attorneys must bring colleagues to watch their belongings because the cops might steal... Posted on November 18, 2009 at 10:30 am by Mary Frances Prevost
Nov 15
EXIGENT CIRCUMSTANCE SEARCHES FOR MISSING PERSONS

This California Court of Appeal ends up upholding the search in this case based on exigent circumstances. The details are long and exhausting, but essentially the Court of Appeal says that there are exigent circumstances when a reliable missing person report is made under circumstances strongly suggesting that the missing person is injured or worse, and where a reasonably cautious person would believe the action was appropriate. The Court of Appeal also upholds a car search, relying on Ross... Posted on November 15, 2009 at 10:31 am by Mary Frances Prevost
Nov 13
CALIFORNIA CRIMINAL DEFENSE: KNOWLEDGE AND FAILURE TO REGISTER AS SEX OFFENDER

KNOWLEDGE AND FAILURE TO REGISTER The defendant here was convicted of failing to register as a sex offender for failing to register at a second address where he was also living. The defendant must have knowledge of a duty to register at a second address, but no jury instruction told this to the jury. The Court of Appeal finds error here, but harmless. The dissenting opinion explains why this can't be harmless. People v. Cohens; 2009 DJ DAR 15923; DJ, 11/11/09; C/A 4th, Div. 2 Posted on November 13, 2009 at 10:29 am by Mary Frances Prevost

Rank This Week: 57

the complex litigator

Covers complex litigation and class actions. By H. Scott Leviant.

http://www.thecomplexlitigator.com/

Nov 20
California Supreme Court activity for the week of November 16, 2009

The California Supreme Court held its (usually) weekly conference on November 18, 2009. The only notable event was: A Petition for Review was granted in Yabsley v. Cingular Wireless. The matter was held pending the outcome of Loeffler v. Target Corp., S173972. I briefly discussed Yabsley here. Posted on November 20, 2009 at 04:17 pm by The Complex Litigator
Nov 20
Breaking News: Plaintiff class wins second trial against alter ego defendants associated with Global Vision Products (Avacor hair regrowth formula)

In January 2008, class plaintiffs who purchased the hair regrowth formula Avacor prevailed at trial against Global Vision Products, Inc. The plaintiff alleged that Avacor was not an all natural or herbal formulation, but contained the drug Minoxidil (Rogaine). The initial verdict for the plaintiff class was approximately $37 million. However, Global Vision Products filed for bankruptcy protection. Today, after a second phase of trial, a jury returned a verdict against individual defendants... Posted on November 20, 2009 at 01:35 pm by The Complex Litigator
Nov 19
Barboza v. West Coast Digital GSM, Inc. holds that the obligations of class counsel to a certified class include enforcement of a judgment

After a short quiet spell, class actions return with a splash. In Barboza v. West Coast Digital GSM, Inc., the Court of Appeal (Second Appellate District, Division Four) had the opportunity to discuss the extent of class counsel's obligations to a certified class. The conundrum arose when class counsel learned that the defendant had ceased operations, sold its assets to a third party, and intended to file for bankruptcy: What are the obligations of class counsel when he learns that the... Posted on November 19, 2009 at 09:45 pm by The Complex Litigator

Rank This Week: 65

California Labor & Employment...

California Labor & Employment Law Blog

Covers arbitration agreements, discrimination, harassment, retaliation, hiring, termination, employee leave, and wage and hour issues. By Carlton DiSante & Freudenberger.

http://www.callaborlaw.com/

Nov 20
Non-Compete Agreements Take Another Hit in California

By Robin E. Weideman Another California court has refused to enforce non-compete and non-solicitation clauses in employment contracts signed by California employees. In Dowell v. Pacesetter, Inc., the employees at issue worked in various capacities for a biotech company. Upon accepting employment, they signed an agreement providing that for 18 months after termination of employment they would not render services for a competitor if such service could aid the competitor in competing by... Posted on November 20, 2009 at 10:34 am
Nov 19
New HIPAA Regulations Regarding Security Breaches

By Harley Bjelland The U.S. Department of Health & Human Services has issued regulations expanding the obligations of employers, Covered Entities and Business Associates when a Breach occurs releasing Unsecured Protected Health Information (UPHI) inappropriately. The regulations are available at the Department of Health & Human Services website here. All employers with HIPAA Security Policies and Procedures need to update those Policies to include the new definitions and rules requiring... Posted on November 19, 2009 at 04:13 pm
Nov 18
Paid Sick Leave for Swine Flu Victims?

By Mark Spring This month, legislation is being introduced in both houses that would guarantee paid sick leave for employees infected by the H1N1 virus or other flu like illnesses, where the employee works for a business with at least 15 employees. The legislation is being considered on an emergency basis and if passed as such would take effect 15 days days after being signed into law. The bills are currently contemplated to be temporary bills designed principally to combat the H1N1 virus and... Posted on November 18, 2009 at 09:48 pm

Rank This Week: 73

Class Action Defense Blog

Covers CAFA, class certification, employment law, FCRA, FDCPA and multidistrict litigation. Published by Michael Hassen of Jeffer Mangels Butler & Marmaro LLP.

http://classactiondefense.jmbm.com/

Nov 19
Class Action Defense Cases–Anthony v. AIG: Eleventh Circuit Certifies Questions To Georgia Supreme Court Following Dismissal Of Class Action Complaint Challenging Excessive Notary Fees Charged In Connection With Refinance

/**/ Propriety of Dismissal of Class Action Challenging Notary Fees Charged by Lender in Connection with Refinance of Home Loan that were in Excess of Maximum Allowed by Georgia State Law Turned on Issues not yet Clearly Resolved by Georgia Courts Eleventh Circuit Holds, thereby Warranting Certification of Questions to Georgia Supreme Court Plaintiff filed a putative class action against American General Financial Services, with whom they had refinanced their home loan, alleging violations of... Posted on November 19, 2009 at 04:22 am by Michael J. Hassen
Nov 17
Class Action Defense Cases–Schachter v. Citigroup: California Supreme Court Affirms Defense Judgment In Labor Law Class Action Holding Forfeiture Of Restricted Stock Shares Upon Termination Did Not Violate California Labor Code

/**/ Trial Court Properly Granted Summary Judgment in Favor of Employer in Class Action Alleging Failure to Pay Wages under Labor Code because Prospective, Bilateral Agreement between Employer and Employee to Pay a Portion of Compensation in Restricted Stock Shares that were Forfeited upon Resignation or Termination for Cause Prior to Expiration of Two-Year Vesting Period did not Violate Labor Code California Supreme Court Holds Plaintiff, a former stockbroker at Smith Barney (a subsidiary of... Posted on November 17, 2009 at 04:11 am by Michael J. Hassen
Nov 16
Class Action Defense Cases–Williams v. Geithner: Minnesota Federal Court Denies Preliminary Injunction In Class Action Based On Home Affordable Modification Program (HAMP) Holding It Unlikely Class Action Claims Will Prevail

/**/ Class Action Alleging Denial of Loan Modifications under HAMP (Home Affordable Modification Program) Violate Constitutional Right to Procedural Due Process Unlikely to Succeed on the Merits because Federal Regulations did not Create Property Right in Loan Modifications so Plaintiffs' Request for Preliminary Injunction Denied Minnesota Federal Court Holds Plaintiffs filed a putative class action against various defendants - including various banks and federal government agencies - seeking a... Posted on November 16, 2009 at 03:58 am by Michael J. Hassen

Rank This Week: 92

California Punitive Damages

Covers California punitive damages litigation. By Horvitz & Levy LLP.

http://calpunitives.blogspot.com/

Nov 22
Nelson v. Exxon Mobil: Punitive Damages Claims Can Be Assigned

This published opinion could be headed for the California Supreme Court. The opinion addresses whether the right to recover punitive damages is assignable under California law. The Court of Appeal (Third Appellate District) held that the right to recover punitive damages is assignable if that right arises from a cause of action that is assignable. The court observed that causes of action arising from an injury of a personal nature (e.g., slander, assault, malicious prosecution) are not... Posted on November 22, 2009 at 09:55 am
Nov 20
Florida Jury Awards $244 Million in Punitive Damages to Smoker

As reported by Reuters, a Florida jury has awarded $56.6 million in compensatory damages and $244 million in punitive damages to a smoker with emphysema. This is by far the largest verdict in the 8,000 or so individual trials that are proceeding in Florida as a result of the Florida Supreme Court's 2006 Engle decision, which tossed out a $145 billion class action punitive damages award. Related posts: Florida Jury Awards $25 Million in Punitive Damages to Smoker's Widow "Smokers, tobacco, both... Posted on November 20, 2009 at 10:41 am
Nov 19
Buell-Wilson Cert. Petition Featured on SCOTUSblog's "Petitions to Watch"

SCOTUSblog has identified the cert. petition in Buell-Wilson as one of the "petitions to watch" for the Supreme Court's upcoming conference on November 24. The SCOTUSblog post includes links to the opinion and the petition-stage briefing. Opinion below (California Court of Appeal) Petition for certiorari Brief in opposition Petitioner's reply Amicus brief of the Alliance of Automobile Manufacturers Amicus brief of Product Liability Advisory Council, Inc. Amicus brief of the U.S. Chamber of... Posted on November 19, 2009 at 07:18 pm

Rank This Week: 112

Biker and Motorcycle Lawyer Blog /...

Biker and Motorcycle Lawyer Blog / Blawg

Biker and motorcycle legal issues, safety tips, Websites, motorcycle ride reports and general personal injury information, news and commentary. Published by California attorney Norman Gregory Fernandez.

http://www.bikerlawblog.com/index.php?blog=1

Nov 14
Steppenwolf - Born to be Wild

The consummate Biker Song of all time! I do not know about you, but this song sure does get my dander up for a ride! California Motorcycle Accident Attorney and Biker Lawyer Original post blogged on b2evolution. Posted on November 14, 2009 at 12:18 pm by Norman Gregory Fernandez, Esq.
Nov 13
Motorcyclist dies during motorcycle stunt; This did not have to happen

VICTORVILLE - California A motorcyclist died Monday afternoon (11/9/09) after he lost control while doing a wheelie in a residential neighborhood and slammed into a tree in front of a home, officials said. The rider was westbound in the 16200 block of Nisqualli Road around 1 p.m. when he hit a curb, lost control and veered in and out of the street, according to witnesses and Sgt. John Emmens, of the San Bernardino County Sheriff's Victorville station. Ramiro Barbosa Jr. said he saw the rider... Posted on November 13, 2009 at 08:41 am by Norman Gregory Fernandez, Esq.
Nov 13
Police to hold DUI Checkpoints in Stockton, California

STOCKTON - California The Police Department will hold checkpoints tonight and Saturday to catch drunken drivers. The checkpoint starts at 6 p.m. and continues until 2 a.m. It will be set up in the area of Roosevelt Street and Wilson Way. On Saturday, the checkpoint will be at March Lane and Holiday Drive during the same hours. Staffing at the checkpoints is paid for by a grant from the state Office of Traffic Safety. Police earn grant for traffic patrols STOCKTON - California The Police... Posted on November 13, 2009 at 08:27 am by Norman Gregory Fernandez, Esq.

Rank This Week: 123

California Labor and Employment...

California Labor and Employment Defense Blog

Covers labor and employment law issues for employers. By Van Vleck Turner & Zaller.

http://www.vtzlawblog.com/

Nov 6
Vesting of Incentive Compensation -- Schachter v. Citigroup, Inc.

The California Labor Code is very strict in protecting an employee's right to be paid for all compensation that he earns. As we have repeatedly blogged in the past, it is often a thorny issue to determine exactly when these protections attach -- in other words, when has a mere hope or expectation of a reward matured into a fully vested proprty right that must be paid by the employer without further delay or reduction? The California Supreme Court recently shed a bit more light on this issue in... Posted on November 6, 2009 at 07:04 am
Oct 26
Ninth Circuit Authorizes a Practical "Alternative Workweek" Solution -- Parth v. Pomona Valley Hospital

In Parth v. Pomona Valley Hospital Medical Center, the Ninth Circuit authorized employers and employees to exercise some flexibility in attempting to work around the overtime requirements of the FLSA. In Parth, a group of nurses was originally assigned to work almost exclusively in 8-hour shifts. The majority of the nurses, however, "preferred working 12-hour shifts in order to have more days away from the hospital." As a result, the Company implemented a new pay plan. The pay plan provided... Posted on October 26, 2009 at 11:05 am
Oct 10
Employees Are Not Required to Exhaust Internal Expense Reimbursement Procedures Before Suing -- Stuart v. RadioShack

California employees have a right to be reimbursed for their work related expenses, such as business travel, equipment, materials, training, and even legal expenses. On the other hand, companies typically have their own deadlines, rules, special forms, and other procedural requirements which must be followed in order to request and receive reimbursement. So what happens when an employee sues for reimbursement and the Company argues that his claim should fail because he did not make a proper... Posted on October 10, 2009 at 11:06 am

Rank This Week: 167

The UCL Practitioner

Covers California's Unfair Competition Law. By Kimberly A. Kralowec.

http://www.uclpractitioner.com/

Nov 21
Google Scholar now offering free online case law

My favorite online source for free case law has been Findlaw.com. Bulk.resource.org is also a very good source for federal material. And now we have Google Scholar. I tried searching for "In re Tobacco II Cases," and it gave me the original Court of Appeal opinion from 2006, not the Supreme Court's opinion. However, it worked great when I typed in the citation. Another drawback is that there seems to be no static permalink for cases, which the other two online sources both have. The main page... Posted on November 21, 2009 at 05:00 am by Kimberly A. Kralowec
Nov 20
"Calif. Contact Lens Class is Certified"

Yesterday's National Law Journal had an article reporting on a recent class certification decision issued by Orange County Superior Court Judge David C. Velasquez in a UCL case. Posted on November 20, 2009 at 05:00 am by Kimberly A. Kralowec
Nov 19
Notes on the ABA's 13th Annual Class Action Institute

In October I mentioned that the ABA would hold its 13th Annual Institute on Class Actions on October 30 in San Francisco and November 20 in D.C. Paul Karlsgodt of ClassActionBlawg.com has some interesting notes taken by an attendee in San Francisco on October 30. Posted on November 19, 2009 at 05:00 am by Kimberly A. Kralowec

Rank This Week: 180

Cal Biz Lit

Covers California litigation issues, including product liability, busines litigation, Proposition 65, Unfair Competition Law, and employment litigation. By Bruce Nye.

http://www.calbizlit.com/cal_biz_lit/

Nov 17
Component Parts In Product Liability: Now It's 2 - 1 Defense (And A Blow Against Junk Science, Too)

Cal Biz Lit has been following the evolution of the Courts of Appeals' efforts to answer this question: if a manufacturer's product is not itself defective, but becomes defective when used in conjunction with a third-party's defective products (e.g., the defendant's valves were made of steel, but are used with asbestos gaskets and packing made by somebody else), can the manufacturer be held liable for failure to warn of the dangers posed by the component it neither manufactured nor sold? The... Posted on November 17, 2009 at 05:22 pm by Bruce Nye
Nov 13
Tort Plaintiffs Be Warned: Contra Costa and Santa Clara Counties Are Not Friendly Places

To help you get your weekend off to a rousing start, here's a bunch of statistics. Just what you were hoping for, right? About a year ago, Cal Biz Lit reported here on the U.S. Department of Justice's 2005 survey of state court civil jury and bench trials. The link to that report is no longer alive. The report was revised in April, 2009, and is now available here. In the earlier post, CBL expressed surprise at the small number of cases tried to completion in some California courts. Santa Clara... Posted on November 13, 2009 at 09:25 am by Bruce Nye
Nov 11
Joint & Several Liability For Punitive Damages

One of the more peculiar features of California tort law is the interplay between several liability and joint and several liability. Under California's Proposition 51 (Civil Code section 1431.2), when there is more than one tortfeasor, a defendant's liability for "economic damages" -- e.g., earnings loss, medical bills, etc. -- is "joint and several, meaning that a single judgment for those amounts is entered against all liable defendants, and the plaintiff can enforce the entire amount against... Posted on November 11, 2009 at 02:30 pm by Bruce Nye

Rank This Week: 191

Los Angeles Intellectual Property...

Los Angeles Intellectual Property Trademark Attorney Blog

Includes topics such as copyright litigation, licensing, patent litigation, TTAB, trademark applications, and trademark litigation. By Los Angeles, California intellectual property lawyer, Milord A. Keshishian.

http://www.iptrademarkattorney.com/

Nov 18
Mixed Martial Arts Fight Over Gracie Jiu Jitsu Trademark

Los Angeles, CA - Rorion Gracie, the patriarch of the famed Gracie family from Brazil, filed a trademark infringement, Lanham Act &#xc2&#xa7 43(a) unfair competition, and dilution lawsuit against Black Silver Enterprises and Un Mi Lee. Gracie is a 9th degree Red Belt in Brazilian Jiu-Jitsu and has been an owner of the "Gracie Jiu Jitsu" commercial endeavors since opening the first location in Southern California in 1978. In 1997, Plaintiff's Gracie Gear trademark was registered with the USPTO for use... Posted on November 18, 2009 at 09:08 pm by Milord A. Keshishian
Nov 16
Breakdown Services Sues Netxplosion Entertainment For Copyright Infringement

Los Angeles, CA - Breakdown Services, Ltd. prepares script analyses and summaries, commonly known as "breakdowns," to the entertainment community. The breakdowns are distributed via the Internet to authorized theatrical and other talent agencies and management companies. Plaintiff has applied for copyright registration of the material and alleges that all of the breakdowns prominently display the following warning: "This confidential information is the property of Breakdown Services, Ltd. - DO... Posted on November 16, 2009 at 02:50 am by Milord A. Keshishian
Nov 10
Jewelry Design Copyright Infringement Lawsuit Filed Over Humpback Whale Earrings

Los Angeles, CA - Jewelry designer David Rasnick sued Jewelry and Minerals of Las Vegas for copyright infringement. Rasnick has been designing jewelry for over 20 years and designed a teardrop shaped humpback whale loop earring. Rasnick registered the work with the Copyright Office on May 22, 1989. Rasnick alleges that "Defendant has sold unauthorized and infringing copies of the humpback whale earring, which bear a design that is substantially similar to the humpback whale earring at retail,... Posted on November 10, 2009 at 10:28 pm by Milord A. Keshishian

Rank This Week: 193

What's New in Employment Law?

Focuses on employment law developments, particularly in California.

http://shawvalenza.blogspot.com/index.html

Nov 21
Another Non-Solicit Bites the Dust

The Court of Appeal took up a complex lawsuit involving claims and cross-claims of unfair competition, including strong agreements not to compete or solicit and choices of law and forum clauses. The Court expanded on the decision this summer in The Retirement Group v. Galante, posted here. Basically, Dowell, other employees and their new employer, St. Jude, sued Biosense, which was attempting to enforce a non-compete agreement, which included broad non-solicitation clauses. The Court of Appeal... Posted on November 21, 2009 at 08:55 am
Nov 14
Court of Appeal Once Again Explains 132a Liability

The Court of Appeal clarified what Labor Code Section 132a means - again. It appears the Workers' Compensation Appeals Board has not adapted to the California Supreme Court's decision in Department of Rehabilitation v. Workers' Comp. Appeals Bd. (2003) 30 Cal.4th 1281 (Lauher). So, Fowler had significant spine surgery. Initially he could not be cleared to return to work as an order puller / machine operator. The doctor's restrictions permitted him to use equipment for just an hour a day. Then,... Posted on November 14, 2009 at 12:54 pm
Nov 4
Anybody See a Top 100 Employment Law Blog?

Who us? I mean, of COURSE it's us. Well, thanks for the honor, Delaware Employment Law Blog. We like you too.SHAW VALENZA LLP - http://shawvalenza.com Posted on November 4, 2009 at 09:26 am

Rank This Week: 202

The Appellate Practitioner

Covers appellate practice in California and the Ninth Circuit. By Kimberly A. Kralowec.

http://www.appellatepractitioner.com/

Mar 23
Please visit The UCL Practitioner

Over the past couple of months, I haven't had time to keep The Appellate Practitioner updated in the way I'd like to. Therefore, I am putting the blog on hiatus for the time being. Please visit my primary blog, The UCL Practitioner, which I keep very active with regular updates. I will continue to write occasional posts on issues of interest to appellate practitioners. They will be collected at my "appellate practice" category page. Those posts will, I hope, continue to be relatively frequent.... Posted on March 23, 2009 at 06:00 am by Kimberly A. Kralowec
Jan 5
"A High Court Training Regimen"

Friday's Recorder had an article on a new moot program being organized at U.C. Berkeley for attorneys with California Supreme Court cases. It sounds very similar to what Professor Myron Moskovitz has been doing at Golden Gate University School of Law for many years. The article says that the Berkeley program may eventually evolve into a California Supreme Court clinic similar to the many U.S. Supreme Court clinics run by various law schools such as Stanford and Georgetown. I think that's a... Posted on January 5, 2009 at 06:00 am by Kimberly A. Kralowec
Dec 8
"The Early Brief Gets the Worm"

Slate has an interesting jurisprudence essay on the impact of amicus filings at the U.S. Supreme Court level. Adam Chandler, "The Early Brief Gets the Worm: Liberal groups are ceding a key way to influence the Supreme Court," Slate (Dec. 5, 2008). [Via How Appealing] Posted on December 8, 2008 at 02:00 pm by Kimberly A. Kralowec

Rank This Week: 217

May it Please the Court

Covers legal news and observations. By J. Craig Williams.

http://www.mayitpleasethecourt.com/

Nov 5
Lawyer2Lawyer Internet Radio Seizes Emails Under The Fourth Amendment

The Fourth Amendment of the Constitution gives us protection against unreasonable searches and seizures. But what about a search of your email - is it afforded the same protection? {Please join me and my fellow co-host and attorney Bob Ambrogi as we welcome Orin S. Kerr , Professor of Law at the George Washington University Law School and Jason Paroff Esq., Director of Computer Forensics Operations with the ESI Consulting practice at Kroll Ontrack to look at the recent opinion handed down by... Posted on November 5, 2009 at 01:19 am
Oct 30
Lawyer2Lawyer Internet Radio Reviews The Birth Control Litigation

Bayer HealthCare Pharmaceuticals is facing a growing number of lawsuits claiming that the company concealed the health risks associated with the top-selling birth control pills Yaz and Yasmin. Please join me and my fellow attorney, Law.com blogger and co-host Bob Ambrogi as we welcome Attorney Mike Danko from the Danko Law Firm and James T. O'Reilly, Professor of Law at University of Cincinnati College of Law, to a look at the basis for the litigation, the reported side affects, the FDA's role,... Posted on October 30, 2009 at 12:41 am
Oct 22
Lawyer2Lawyer Internet Radio Employs New York Law For Rate Of Pay Issues

Effective October 26, 2009, amended New York Labor Law: Section 195 will require employers to provide written notification to their employees, at the time of hiring, of their rate of pay and obtain a written acknowledgment from each employee of the receipt of this written notice. Please join me as I welcome Attorney Charles H. Kaplan, Partner in the New York office of my law firm, Sedgwick, Detert, Moran & Arnold LLP and Barbara S. Mehlsack, Esq., Partner in the New York firm of Gorlick... Posted on October 22, 2009 at 12:17 am

Rank This Week: 219

California Insurance Lawyer Blog

Covers various ERISA, disability, health, and life insurance issues. By California insurance attorneys, Kantor & Kantor.

http://www.californiainsurancelawyerblog.com/

Oct 21
XMRV VIRUS MAY BE CAUSE OF CHRONIC FATIGUE SYNDROME

A new study published last week in Science magazine announced that a retrovirus called XMRV may cause Chronic Fatigue Syndrome (CFS). The virus' actual name is xenotropic murine leukemia virus-related virus,and it was found in nearly 98 percent of about 300 patients with the syndrome. See, NY Times, Virus Is Found in Many With Chronic Fatigue Syndrome by Denise Grady. This discovery provides hope for researchers because if the retrovirus - part of the same family as the HIV virus that causes... Posted on October 21, 2009 at 03:41 pm by Kantor & Kantor LLP
Oct 4
Tort Reform is a myth...‘Frivolous Lawsuits’ Amount to Pennies on the Dollar Compared to Insurer Profits

"Tort Reform, Tort Reform, Tort Reform," the phrase has almost become a song. Nobody likes to see undeserving people win huge, unjustified damage awards, but the fact is, it doesn't really happen in California, except on maybe on TV. Los Angeles Times business columnist Michael Hiltzik couldn't be more correct when he writes that one of the biggest fans of so-called tort reform is the insurance industry, "because the less money they pay out to plaintiffs, the more they get to keep." See "Why... Posted on October 4, 2009 at 09:54 am by Kantor & Kantor LLP
Oct 3
Tests to Objectively Measure Brain’s Pain Response Bolster Fybromyalgia Claims

According to Medical News Today, fibromyalgia is no longer an "invisible" syndrome. Citing a study reporter in the Journal of Nuclear Medicine, the article reports that researchers in France were able to detect functional abnormalities in the brain after performing brain scans on 20 women diagnosed with fibromyalgia. Those scans were then compared with scans from 10 healthy women. See "Fibromyalgia Can No Longer Be Called an Invisible Syndrome." The diagnosed brain abnormalities directly... Posted on October 3, 2009 at 09:48 am by Kantor & Kantor LLP

Rank This Week: 224

California Personal Injury and...

California Personal Injury and Wrongful Death Blog

Offers tools, tips and articles. By Jackson & Wilson.

http://jwinjuryblog.com

Nov 23
Mitch Named 2009 Trial Lawyer of the Year!

Saturday night Mitch and I attended a wonderful event sponsored by the Orange County Trial Lawyers Association and held at the beautiful Balboa Bay Club & Resort in Newport Beach, California. With family and friends in attendance, Mitch was proud to accept this year's award for Orange County's "Top Gun" Trial Attorney of the Year relative to the outstanding results in achieve in a tragic wrongful death. This year, through its silent and live auctions, the event supported two charities: the... Posted on November 23, 2009 at 02:00 am by Mitch Jackson
Nov 17
45 Life lessons. No, this isn't legal stuff but it sure is good!

Written By Regina Brett, 90 years old, of The Plain Dealer, Cleveland , Ohio "To celebrate growing older, I once wrote the 45 lessons life taught me. It is the most-requested column I've ever written. My odometer rolled over to 90 in August, so here is the column once more:" 1. Life isn't fair, but it's still good.2. When in doubt, just take the next small step.3. Life is too short to waste time hating anyone..4. Your job won't take care of you when you are sick. Your friends and parents will.... Posted on November 17, 2009 at 01:13 pm by Mitch Jackson
Nov 16
Our New Trial Lawyer Tips Blog is Attracting Nationwide Attention!

Our relatively new Trial Lawyer Tips Blog at www.TrialLawyerTips.com has the attention of several very prominent law blogs and trial attorneys across the country. Each day, 10-20 new subscribers join hundreds of other daily readers who enjoy reviewing and commenting on various approaches and techniques to successfully trying cases. Four new articles at our blog include&#xe2€&#xa6 "Shine a Bright Spotlight on an Expert's Excessive Fees" "On Direct, Have a Good Witness Testify in the Morning""Grab... Posted on November 16, 2009 at 02:00 pm by Mitch Jackson

Rank This Week: 230

Tax Problem Attorney Blog

Covers topics such as sales and payroll tax problems, offers in compromise, tax audits, tax debt, tax disputes, tax fraud, tax litigation and tax controversy, and tax preparer penalties. By Los Angeles, California attorneys, Brager Tax Law Group.

http://www.taxproblemattorneyblog.com/

Oct 5
Offshore Tax Havens, Tax Fraud and Senator Carl Levin

I lifted my nose up from filing Foreign Bank Account Reports (FBARs), talking to clients with offshore financial accounts, and filing for tax amnesty under the IRS Offshore Voluntary Disclosure program long enough to notice a speech that Senator Carl Levin had given in mid-September on the topic of offshore tax havens. Senator Levin has been battling against tax fraud committed through the use of offshore financial accounts for many years, and in the last year or two his ideas have been gaining... Posted on October 5, 2009 at 12:43 pm by Dennis N. Brager
Oct 1
IRS FBAR Tax Amnesty is a Good Gamble (Part II)

Yesterday I started a blog post subtitled Why 70% of a Foreign Bank Account Is Better Than 100% of No Foreign Bank Account. It included three reasons why, if you have offshore financial accounts, filing for tax amnesty by the Oct. 15th may be a good idea. It doesn't matter if your offshore bank account is at UBS, or some other foreign financial institution. Today I have listed three more reasons: 1. Legally "Launder" Your Offshore Funds. If your money is an offshore financial account it is... Posted on October 1, 2009 at 11:44 am by Dennis N. Brager
Sep 30
IRS FBAR Tax Amnesty is a Good Gamble

Why 70% of a Foreign Bank Account Is Better Than 100% of No Foreign Bank Account (Part I) Clients sometimes ask why they should take advantage of the IRS Offshore Voluntary Disclosure Program. In it's frequently asked questions regarding offshore financial accounts the IRS provided an example of what could happen to someone with a foreign bank account of $1million in 2003 that earns $50,000 per year who hasn't filed Foreign Bank Account Reports, TD F 90-22.1 (FBAR). That person could, if they... Posted on September 30, 2009 at 06:18 pm by Dennis N. Brager

Rank This Week: 244

What About Clients?

Features ideas and thoughts on servicing business clients as valued customers in American law firms. By Dan Hull.

http://www.whataboutclients.com/

Nov 21
Chicago has always had "it".

Posted on November 21, 2009 at 08:59 pm by Holden Oliver
Nov 16
"Hello, my name is Amy Walker."

Dialect. Here's a bit of talent, some fine digital self-promotion and--best of all--a quick trip through the English-speaking West. Posted on November 16, 2009 at 06:14 pm by JD Hull
Nov 15
'Professionalism': A Lawyer-Centric Ruse?

Reprinted from a 2005 "Law Week edition" of The San Diego Daily Transcript, here's "Professionalism Revisited: What About The Client?", written by one of our spunkier U.S. trial lawyers. Note that the piece ends with "rules of professionalism"--but from the client's perspective. Excerpts from Rules 1, 5 and 6: 1. We come first. Be nice--but if in doubt, use the rules. If you feel you know the lawyers you are dealing with, we will follow your advice and instincts. If you are in doubt about the... Posted on November 15, 2009 at 09:31 pm by JD Hull

Rank This Week: 275

Visa Lawyer Blog

Covers immigration law topics including all aspects of family and work visas. Published by Jacob Sapochnick.

http://www.visalawyerblog.com/

Nov 20
Lou Dobbs possible White House run?

Lou Dobbs said on Thursday he is considering career options including possible runs for the White House or U.S. Senate. Dobbs has drawn fire from Latino leaders and civil rights groups for frequent on-air remarks about U.S. border control and immigration that critics saw as demonizing illegal immigrants. I personally feel that even considering him for public office will be an insult to the American Public. Let's hope that his plans will remain a far away fiction. Read the Reuters article... Posted on November 20, 2009 at 01:33 pm by Jacob Sapochnick
Nov 18
E2 Visa Investors - A Salute to Entrepreneurs

As our economy is heading towards recovery, we must recognize the role of small businesses and Entrepreneurs in taking the lead and keeping us optimistic. Investments in small businesses are especially significant to the national interest of the United States. The Small Business Administration (SBA) estimates that 99 percent of the firms in the United States are small businesses, and small firms have generated 60 to 80 percent of the net new jobs annually over the past decade. Perry Marshall,... Posted on November 18, 2009 at 09:09 am by Jacob Sapochnick
Nov 17
H1B Visa Cap Update November 17, 2009

The most recent update from the USCIS is showing again a steady approval rate. The jump we saw in October was just due to a more current update of the approval, nit an increase in filing according to the USCIS. If this pace will continue we will see visas all through early 2010, but I may be wrong here... Ao here is is the update from USCIS: As of November 6, 2009, approximately 54,700 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H1-B petitions for aliens with... Posted on November 17, 2009 at 01:27 pm by Jacob Sapochnick

Rank This Week: 287

The Lemon Law Blog

Covers issues and topics relating to consumer law as it relates to car lemon laws and auto dealer fraud. Published by Northern California consumer lawyers, Kemnitzer, Anderson, Barron, Ogilvie & Brewer.

http://www.lemonlaws.com/

Nov 15
Buying Cars on eBay

eBay Motors states over 3 million vehicles have been sold through its site. No doubt the vast majority of buyers were satisfied, but attorneys in this office have talked to buyers who were defrauded by sellers using eBay. For example, one buyer found that the classic car he bought from an Arizona car dealer was rusted out. About the time the lawsuit was filed, the dealer went out of business. eBay itself and Paypal offer little or no protection for car buyers. In an effort to help protect... Posted on November 15, 2009 at 03:17 pm by Mark F. Anderson
Oct 12
Governor Signs Car Buyers Protection Bills

Gov Schwarzenegger signed two car buyer protection bills. Given the fact his own administration had publicly opposed them both, this is a stunning reversal. Senate Bill 95(Corbett) will require auto dealers to pay off liens on cars that were traded in with negative equity, before they can sell or transfer them -- which usually happens within a day or two -- or within 21 days (if they keep them that long). The auto dealers and their trade associations were hugely opposed to this bill --... Posted on October 12, 2009 at 03:29 pm by Mark F. Anderson
Sep 23
Bill Requiring Car Dealers to Pay Off Liens on Trade-Ins is on the Governor's Desk

Many consumers have been burned by used car dealers who failed to pay off the loans on cars customers traded in. Car dealers then sold the cars without disclosing to the buyers that there were liens on the cars. The finance company's lien did not disappear with the sale. In many cases, the finance company repossessed the cars from the new buyers. A bill now on the Gov. Schwarzenegger's desk would make it illegal for car dealers to sell a vehicle without having paid what is due on the loan or... Posted on September 23, 2009 at 09:56 am by Mark F. Anderson

Rank This Week: 309

California Credit Law Blog

Covers issues and topics relating to consumer credit law. Published by Northern California consumer lawyers, Kemnitzer, Anderson, Barron, Ogilvie & Brewer.

http://www.californiacreditlaw.com/

Nov 16
Really Free Credit Scores

Consumers are being bombarded with "free" offers for credit reports and credit scores, but there is usually a catch. The consumer may find the free report means being subscribed to requires monthly charges unless he or she remembers to opt out. Or in order to get a free report, there is a fee for the credit score. More ways Experian, TU and Equifax make money. However, www.creditkarma.com really does offer a free credit score. The only catch, and it is not much of one, is a lot of advertising.... Posted on November 16, 2009 at 04:06 pm by Mark F. Anderson
Nov 12
Consumer Attorneys Fight for Consumers

George Washington once said: Discipline is the soul of an army. It makes small numbers formidable; procures success to the weak, and esteem to all. Letter of Instructions to the Captains of the Virginia Regiments [July 29, 1759]. The advocates of consumer rights, viewing the resources of defense firms and corporate defendants, can relate to the trepidation felt by the out-numbered and out-gunned Continental Army. Because of that disparity in resources, Consumer Attorneys of California ("CAOC")... Posted on November 12, 2009 at 01:03 am by Mark F. Anderson
Nov 5
Reporting Identity Theft to U.S. Postal Inspectors

Identity theft victims are often required to obtain a police report in order to help prove they really are victims of identity theft. A problem is that some police departments will not take such reports and the great majority never take any action to solve the crime. A better alternative is to register a complaint with the U.S. Post Inspectors. The U.S. Postal Inspectors have agents throughout the country and are far more interested in helping victims and investigating the thefts than local... Posted on November 5, 2009 at 06:16 pm by Mark F. Anderson

Rank This Week: 321

The California Blog of Appeal

Features an appellate practitioner's take on practice and legal developments in the California Courts of Appeal, the California Supreme Court and the Ninth Circuit Court of Appeals. By Greg May.

http://www.calblogofappeal.com/

Nov 5
En banc ninth tries to clear up the “abuse of discretion” standard

The "abuse of discretion" standard of review, depending on the particular court applying it and the particular case in which it is applied, can sometimes seem about as clear as mud. The en banc Ninth Circuit set out to clear up the standard in United States v. Hinkson, case no. 05-30303 (9th Cir. Nov. 5, 2009): Today we consider the familiar "abuse of discretion" standard and how it limits our power as an appellate court to substitute our view of the facts, and the application of those facts to... Posted on November 5, 2009 at 10:13 pm by Greg May
Oct 21
Big city justices roll into Napa

The First District Court of Appeal convened yesterday in Napa to hear two criminal cases at a public auditorium before about 400 high school students. The justices also treated the students to a Q&A session. Given that most people's exposure to the law through the entertainment media nearly always involves a trial, this session strikes me as an excellent opportunity to educate the public about appeals. After all that exposure to movie-version trials, one suspects that the typical student,... Posted on October 21, 2009 at 02:14 pm by Greg May
Oct 17
Well, just the impetus I needed!

If you are a regular reader, you know I've been AWOL for several months. What started as a short break turned into a hiatus, without so much as an announcement from me. Work and family issues made for such a hugely busy few months. For the past few weeks, I've been considering how to get started blogging again. I've been mulling a change in focus of the blog, design changes, perhaps starting another one. Something I could do to rekindle my blogging spirit and herald my return to the keyboard.... Posted on October 17, 2009 at 01:23 am by Greg May

Rank This Week: 322

California Nursing Home Abuse...

California Nursing Home Abuse Lawyer Blog

Covers various nursing home abuse and elder neglect issues such as signs and symptoms of neglect, and California Elder Abuse and Neglect Law. By San Diego, California personal injury attorneys, Walton Barber.

http://www.nursinghomeabuselawyerblog.com/

Nov 16
Nursing Home Penalized by Department of Public Health

Ninety-two-year-old Robert Doscher was admitted to Valley Gardens Health Care, a for-profit nursing home, on May 18, 2007. He came from a hospital where he was being treated for a mini-stroke, and other heart issues. Upon admission to the nursing home, he needed the use of a walker, and the plan was to stabilize his health, and transfer him to an assisted living facility. He required the use of a walker when he was admitted, and it was initially planned that he could be discharged to a... Posted on November 16, 2009 at 06:32 am by Walton Law Firm
Nov 12
Are you a consumer attorney? Join Consumer Attorneys of California.

/**/ George Washington once said: Discipline is the soul of an army. It makes small numbers formidable; procures success to the weak, and esteem to all. Letter of Instructions to the Captains of the Virginia Regiments [July 29, 1759]. The advocates of consumer rights, viewing the resources of defense firms and corporate defendants, can relate to the trepidation felt by the out-numbered and out-gunned Continental Army. Because of that disparity in resources, Consumer Attorneys of California... Posted on November 12, 2009 at 04:18 pm by Walton Law Firm
Nov 10
Will Health Care Reform Include Elder Care?

As America's elderly population continues to explode (it will double by 2030), an important question that has received little attention in the national healthcare debate is how the U.S. will be able to deal with 78 million aging baby boomers. Those of us who practice elder abuse and neglect law regularly see the costs associated with long term care, and let me tell you, it ain't cheap. For many nursing home residents the story goes like this: there is an event that causes them to be... Posted on November 10, 2009 at 09:04 am by Walton Law Firm

Rank This Week: 365

California Tax Attorney Blog

Covers tax controversies involving the IRS and California Franchise Tax Board, as well as California probate, estate planning matters and business transactions. By Mitchell A. Port.

http://www.californiataxattorneyblog.com/

Nov 19
California Tax Service Center

The Internal Revenue Service and California's tax agencies (Franchise Tax Board, Employment Development Department and Board of Equalization) have formed a partnership called the Joint Tax Agency Communications Committee. The mission of the committee is to "speak with one voice" where feasible with regards to tax issues and to enhance education and outreach efforts by leveraging resources. The website is: California Tax Service Center. These tax agencies have joined together to streamline and... Posted on November 19, 2009 at 04:31 am
Nov 17
California Probate May Be Avoidable

Funding your California living trust with your property while you are alive results in the direct transfer to heirs and beneficiaries when you die without the time and expense of a probate proceeding. There are times when people don't include all of their property in their living trust before they die. When this happens, a simpler type of probate referred to as a Heggstad petition may be available for the California property left outside of the trust that should have been in the trust but for... Posted on November 17, 2009 at 03:42 am
Nov 13
SCINs, GRATs and IDGTs

"The Intelligent Investor" published in the October 3, 2009 Wall Street Journal says that "... with yields near lows, now is the time to stop moaning about the lack of income and to start turning rock-bottom interest rates to your advantage." The article discusses self-cancelling installment notes (SCINs), grantor retained annuity trusts (GRATs) and intentionally defective grantor trusts (IDGTs). These techniques, when used properly, move assets out of your estate at discounted prices so that... Posted on November 13, 2009 at 03:50 am

Rank This Week: 432

California Bankruptcy Lawyer

Covers bankruptcy, consumer debt and finance law with a focus on California law. By Scott Sagaria.

http://www.californiabankruptcylawyerblog.com/

Nov 13
San Jose Bankruptcy Attorney explains why bankruptcy attorneys and potential filers should closely watch an upcoming U.S. Supreme Court case.

San Jose Bankruptcy Attorney explains why bankruptcy attorneys and potential filers should closely watch an upcoming U.S. Supreme Court case. The United States Supreme Court recently heard arguments on a case brought by a bankruptcy trustee from Pennsylvania. At issue is whether a debtor in a Chapter 7 bankruptcy can exempt personal property from seizure to pay her debts by claiming the property is worth exactly the amount exempt under law, regardless of its true value. The trustee, William... Posted on November 13, 2009 at 12:12 pm by Scott Sagaria
Nov 11
San Jose Bankruptcy Attorney explains why filing for Chapter 13 bankruptcy protection should not affect your tax return.

San Jose Bankruptcy Attorney explains why filing for Chapter 13 bankruptcy protection should not affect your tax return. Questions regarding bankruptcy and taxes are quite common. Filing for Chapter 13 bankruptcy should have a minimal effect on your personal tax situation. Unless your tax advisor, San Jose bankruptcy attorney or the bankruptcy trustee instruct you otherwise, you should continue to file the same returns as you have in previous years. It is a requirement of the bankruptcy law... Posted on November 11, 2009 at 11:19 am by Scott Sagaria
Nov 9
San Jose Bankruptcy Attorney comments on the post-bankruptcy turnaround of former television star Willie Aames.

San Jose Bankruptcy Attorney comments on the post-bankruptcy turnaround of former television star Willie Aames. Willie Aames, star of "Eight is Enough" and "Charles in Charge" recently held a yard sale to sell off his belongings following a Chapter 7 bankruptcy, divorce and violent suicide attempt. Aames has filed for bankruptcy protection twice since 1997 and his wife left him after his most recent bankruptcy filing. Aames is currently undergoing a life transformation and is studying to become... Posted on November 9, 2009 at 09:12 am by Scott Sagaria

Rank This Week: 436

California Business Litigation...

California Business Litigation Blog

Covers a wide range of business litigation issues in the Southern California area. By Sylvester, Oppenheim, & Linde.

http://www.californiabusinesslitigation.com/

Nov 16
School Dress Codes: Can Boys Wear Skirts?

With the ever-changing rules on being equal, questions are arising questioning whether it is appropriate for boys to wear girls clothing. Most schools have dress codes, such as girls having a proper length skirt. However, what if a boy was wearing the skirt, if it was the proper length, could he? Cross-dressing teens are testing the boundaries around the country. For example, in Houston, a senior was sent home because his hair violated the length rules, which stated that the hair could be no... Posted on November 16, 2009 at 02:54 pm by Richard Oppenheim
Nov 9
ACLU Files Lawsuit Over Slumber Party Photos

The American Civil Liberties Union of Indiana has filed a lawsuit on behalf of two students who were suspended from athletic activities after their principal found sexually suggestive photos from a slumber party. In the lawsuit, the ACLU claims that Smith Green Community School Corporation and the Churubusco High School Principal, Mr. Austin Couch violated the students' rights by suspending them for out of school activities. The photos were posted to the student's MySpace pages. According to... Posted on November 9, 2009 at 08:53 am by Richard Oppenheim
Nov 5
Amgen Sued Over Alleged Medical Kickback Scheme

New York and 14 other states are filing suit against the company Amgen Inc, the largest biotechnology company in the world. The claim is that the company devised and used a nationwide kickback scheme to boost the sale of drugs. The company, along with AmerisourceBergen Corp, is charged with providing medical providers with a kickback for increasing sales of the company's product Aranesp, an anemia medication. In order to accomplish this, the companies encouraged medical providers to invoice... Posted on November 5, 2009 at 10:46 am by Richard Oppenheim

Rank This Week: 482

Legal Tips & Commentary

Provides legal tips for businesses and consumers in California. By Carl H. Starrett.

http://www.chs-law.com/blogger.html

Nov 17
Beware of Phony Payday Loan Debt Collectors

In August 2009, the Better Business Bureau issued a nationwide alert warning consumers about phony debt collectors threatening to arrest them for not repaying a payday loan. I decided to investigate a little further after the daughter of a bankruptcy client called after receiving one of these phone calls. The phony debt collector called my client's daughter from the following phone number: (323) 332-1091. The person answering the phone sounded like he was from an overseas call center and... Posted on November 17, 2009 at 04:51 am by Carl Starrett
Oct 21
Paychecks for California Employees Shrinking For The Rest of 2009

Paychex, a nationally known payroll service provider, is reporting that California employers must increase withholding for state taxes as a result of the recently passed California state budget. The new withholding tables become effective on November 1, 2009. The new withholding tables are designed to accelerate withholding for the remainder of 2009 by requiring employers to increase the amount of state income tax withheld from employee paychecks by 10%. The new tables will be in effect from... Posted on October 21, 2009 at 08:00 am by Carl Starrett
Oct 14
California Increases Homestead Exemptions Limits for Debtors

Homestead exemption laws protect the amount of equity that a homeowner can shield from judgment creditors or from creditors while in bankruptcy. Beginning on January 1, 2010, the limits on homestead exemptions in California will increase by as much as 50% for some homeowners. Under current law, the base homestead exemption to protect home equity from judgment creditors will increase from $50,000 to $75,000. A $75,000 exemption for certain family units will increase to $100,000. A $150,000... Posted on October 14, 2009 at 07:02 am by Carl Starrett

Rank This Week: 493

California Business Law Blog

By the Law Office of Jonas M. Grant PC.

http://californiabusinesslaw.blogspot.com/

Nov 14
California Annual Minimum Franchise Tax Repeal Proposed

A bipartisan commission appointed by Governor Schwarzenegger has recently proposed sweeping overhauls of California's tax laws, including reduction of personal income tax rates, the elimination of the corporate tax, and the elimination of the $800 per yaer minimum annual franchise tax levied on corporations, LLCs, and LLPs doing business in the state. The committee did, however, propose a 4% business net profits tax, exempting small businesses with less than $500,000 in revenues. The... Posted on November 14, 2009 at 10:08 am by Jonas M. Grant
Oct 28
California Attorney General Targets Annual Minutes "Scam"

California's attorney general has filed suit against a nyumber of individuals and companies to combat what he calls a scam targeting small businesses: News Release October 08, 2009 For Immediate Release Contact: (916) 324-5500 Brown Sues 8 Individuals and 6 Businesses Operating Scams Targeting California Small Businesses San Diego - Continuing his fight against "rip-off artists" operating in California, Attorney General Edmund G. Brown Jr. filed suit today against eight individuals and six... Posted on October 28, 2009 at 05:40 am by Jonas M. Grant
Oct 24
Employment Law in a Social Networking, New Media World

I am quoted in a FOXBusiness small business article on how employers can protect their intellectual property rights in a Facebook/Twitter social networking world: In an age of way-too-much information and widespread social-networking addiction, businesses are finding it increasingly difficult to protect trade secrets and practices. It's important to know your rights as an employer and/or as an employee. If you are neither of the above at the moment, and are instead on the job hunt, you should... Posted on October 24, 2009 at 02:42 pm by Jonas M. Grant

Rank This Week: 496

Estate Planning Practice Blog

Covers estate planning and probate in California. By Jennifer N. Sawday.

http://blogs.tldlaw.com/estate_planning/

Aug 27
New & Redesigned Blog Coming Up!

Since our last post was about Michael Jackson's death in June, it may seem that his passing has caused the lack of posts since then. But in reality, the blog is being moved to a new domain, new host and will have a new look. Look here for more information in September about our new look and home! We look forward to continuing to provide you with timely and informative posts about all things involving estate planning. In the meantime, please check out our newly redesigned website for our firm... Posted on August 27, 2009 at 11:59 am by Administrator
Jun 25
Celebrities Die Just Like the Rest of Us.

Three very notable celebrities have died. Ed McMahon, Farrah Fawcett and now Michael Jackson. Each had families. Each had loved ones. Each had assets. And each had potential contestants to their estate. Did each have an estate plan in place that was updated and reflected their wishes? Time will soon find out. The media will report if their estate administration turns out to be a mess like Anna Nicole Smith's was. Ed was survived by his wife so his estate is likely to be less burdensome whether... Posted on June 25, 2009 at 04:13 pm by Jennifer Sawday
Jun 10
Is It Worth It?

Is it worth it to hire an attorney to draw up a will, trust or other estate planning documents? Kiplinger.com on personal finance and business says it is worth it. They posted a fun 10 question quiz about is it worth it -- questions like is it worth it to pay more for name brand prescription medications or will generics suffice? One of the questions is about wills: is it worth it to hire an attorney to draw up a will? Kiplinger.com says yes, it is worth it to hire an attorney. Take the quiz... Posted on June 10, 2009 at 11:32 am by Administrator

Rank This Week: 504

The Southern California Law Blog

Covers law, politics and Southern California.

http://sclblog.com

Mar 28
So long

I have decided to shut down this blog and pursue other projects. Many thanks to all of you who read and contributed to this blog. For future legal news, I would recommend the following blogs: The Legal Reader TalkLeft Witness LA CrimLaw Posted on March 28, 2007 at 09:26 am by socallawyer@gmail.com
Mar 20
Woody Harrelson Sued For Assualt By TMZ.com Employee

Per Courthouse News: An Internet paparazzo claims Woody Harrelson assaulted and battered him and he wants $2.5 million for it. Josh Levine, who works for the Internet tabloid TMZ.com, claims he was shooting Harrelson at 11 p.m. on June 29, 2006, on Las Palmas Boulevard near Hollywood Boulevard, and Harrelson took his camera away and smashed it into Levine's ribs, breaking the camera. Then, Levine says, Harrelson grabbed him by the neck "while uttering threats of severe physical abuse," and... Posted on March 20, 2007 at 03:51 pm by socallawyer@gmail.com
Mar 18
LAPD to put video cameras in all patrol cars within four years

The Sacramento Bee reports: The Los Angeles Police Department is on the verge of installing digital video cameras in patrol cars. The city will spend about $5-million to install the first cameras in 300 cars. Within four years all 1,600 patrol cars citywide are expected to have the equipment. The video cameras are expected to help hold officers accountable for their conduct and protect them against false accusations. Such cameras are already used by the Beverly Hills Police Department and the... Posted on March 18, 2007 at 09:39 pm by socallawyer@gmail.com

Rank This Week: 511

IP Law Blog

Covers copyrights, cyberspace law, music, patents, privacy, trade secrets and trademarks. By Weintraub Genshlea Chediak.

http://www.theiplawblog.com/

Nov 6
7th Circuit Case Should Serve As A Reminder To Business Attorneys

by Scott Hervey Recently the 7th Circuit in Sunstar, Inc. v. Alberto-Culver Company provided a reminder to attorneys engaging in a business transaction between domestic and a foreign parties. Stated plainly, the 7th Circuit reminded business attorneys that if a term is included in a transaction document - especially if that term is a foreign word - be sure you understand what it means. This case presented the question of how a foreign legal term included in a trademark license agreement should... Posted on November 6, 2009 at 03:42 pm
Oct 23
Patent Enablement Requires More Than a Guess

By Audrey Millemann One of the requirements for obtaining a patent is enablement. As set forth in 35 U.S.C. &#xc2&#xa7112, &#xc2&#xb61, the specification of the patent must teach a person skilled in the art how to make and use the invention without undue experimentation. The enablement requirement must be satisfied at the time the patent application is filed for each claim. If a claim in a patent is not enabled, it is invalid. In In re '318 Patent Infringement Litigation (Janssen Pharmaceutica N.V. v. Teva... Posted on October 23, 2009 at 04:12 pm
Oct 16
The First Circuit Takes a Novel View of the Attorney Work Product Privilege

by Dale C. Campbell, David Muradyan* and Sara Davidson* Is the work product of an attorney always protected? No, according to the First Circuit in a decision which may draw the attention of the U. S. Supreme Court. The First Circuit, sitting en banc (the "Court") ruled that the attorney work product doctrine did not protect tax accrual work papers prepared by in-house attorneys to support defendant Textron Inc.'s ("Textron") calculation of tax reserves. United States v. Textron Inc., 577 F.3d... Posted on October 16, 2009 at 09:20 am

Rank This Week: 534

Square Feet

The Silicon Valley Real Estate Blog. By the Mercury News.

http://www.mercextra.com/blogs/realestate/

Oct 28
Goodbye to Square Feet

I had a couple of things lined up to possibly blog about earlier today - the impending rollback of jumbo-conforming mortgage rates, national home sales and such - but instead I'm here to tell you that the Mercury News is pulling the plug on my blog, Square Feet. It's been decided by our editors that the paper will no longer be able to support all the blogs it has undertaken, so they are killing some. Mine, Square Feet, is one on the list, and I'm told it will be "archived" later this week. (And... Posted on October 28, 2008 at 06:24 am by Sue McAllister
Oct 24
LIBOR: A programming language? A term of insult? Oh, a mortgage rate index, of course.

Vote for one. LIBOR stands for: 1) Lending Is Becoming Outrageously Restrictive 2) Liberty Invites Behavior Of Recklessness 3) London Inter Bank Offering Rate Alas, number three, the boring option, is correct. (But I'm really fond of the other two options - when they kick me out of the journalism business someday, maybe I can write for a board-game manufacturer or something!) How about COFI? A shorthand way to spell "coffee" when you are texting? No, it's Cost of Funds Index, and it, like... Posted on October 24, 2008 at 12:33 am by Sue McAllister
Oct 22
Uncertainty’s effect on the housing market, and a contrary example

I think it was early September that I wrote an article in which a number of real estate market-observers theorized that Silicon Valley might see pretty healthy home sales in early fall this year, thanks to fairly low interest rates, and prices that had dropped enough to attract formerly reluctant buyers. But then Wall Street went to hell in a handbasket, so those theories are probably goners. Yesterday when I was working on this article about Bay Area and Santa Clara County home sales in... Posted on October 22, 2008 at 10:49 pm by Sue McAllister

Rank This Week: 579

Southern California Defense Blog

Covers criminal defense law issues and topics. Published by Southern California criminal defense law corporation, Wallin & Klarich.

http://www.southerncaliforniadefenseblog.com/

Nov 22
Two Arrested in Church Parking Lot Thefts Now Praying for an Experienced Riverside Theft Attorney

Two people were arrested outside a Temecula, CA church on Sunday, October 4, 2009, on suspicion of vehicle theft and other charges according to authorities. An officer was patrolling the area of Hope Lutheran Church in Temecula because there had been several recent reports of burglaries in church parking lots in the area during worship services. At about 9:00am an officer spotted a vehicle matching the description of the vehicle used in recent parking lot burglaries and the officer quickly... Posted on November 22, 2009 at 06:00 am by Southern California Criminal Defense Attorney
Nov 21
Shooting at Oxnard Juvenile Court was a False Alarm

Oxnard Juvenile Court building was shut down one morning in late October, after a reported shooting in the lobby. The entire facility was locked down and court proceedings were delayed while police searched for the gun man. According to police, the suspect was a man wearing a Chargers football jersey and slicked back hair. After closing the building for most of the morning and into the afternoon, the detectives determined that there was no shooting. It seems that a glass window at the front of... Posted on November 21, 2009 at 06:00 am by Southern California Criminal Defense Attorney
Nov 20
Petition for Factual Innocence Can Help Those Wrongfully Accused

Many people are wrongfully arrested by law enforcement. Often the police officer makes an "honest mistake" or the police officer may arrest a person wrongfully due to a faulty identification by a witness. In other cases, the police officer may arrest someone without probable cause in an attempt to harass or obtain information from a person. Whatever the reason for the arrest, after the charges are dismissed the person may face serious negative consequences due to his wrongful arrest. In some... Posted on November 20, 2009 at 06:00 am by Southern California Criminal Defense Attorney

Rank This Week: 600

California Labor and Employment...

California Labor and Employment Law

Covers employment discrimination, retaliation, and arbitration. By Eugene Lee.

http://www.CALaborLaw.com

Nov 17
Google Offers Caselaw…for FREE

Today Google announced the launch of a free federal and state caselaw database that is lightning fast and extremely powerful. It can be found at the "legal opinions and journals" section of Google Scholar. This is big news. Lawyers around the country are rejoicing now. And you should be too. Until now, the biggest providers of caselaw - Lexis-Nexis and Westlaw - have acted as a duopoly, charging lawyers a significant amount to access their caselaw databases via slow, proprietary search engines... Posted on November 17, 2009 at 06:38 pm by Eugene Lee
Oct 9
Free Pamphlets on Labor and Employment Laws

The California Department of Fair Employment and Housing (DFEH) publishes numerous free pamphlets on California labor and employment laws. These pamphlets provide a brief but helpful and easy-to-understand explanation of employee rights under California's harassment and discrimination laws. The pamphlets include the following topics: DFEH-151 Discrimination DFEH-159 DFEH Complaint Process DFEH-161 Pre-Employment Inquiries DFEH-167 Public Acess Disability Discrimination DFEH-184 Disability... Posted on October 9, 2009 at 02:01 am by Eugene Lee
Oct 4
Free Video Tutorials on Employment & Labor Laws

Interested in a quick overview of California labor and employment laws? Break out the popcorn and turn up your speakers. The California Department of Fair Employment and Housing has released several short videos, 90 seconds to 3 minutes in length each, offering short overviews of housing and employment laws. The videos are directed and acted by DFEH employees and are surprisingly watchable and informative. The actors pose as co-workers engaging in question and answer dialogues about harassment... Posted on October 4, 2009 at 02:02 am by Eugene Lee

Rank This Week: 621

Law & Life: Silicon Valley

Covers intellectual property law, open source software, and technology. By Mark Radcliffe.

http://lawandlifesiliconvalley.com/blog/

Nov 15
Microsoft and Windows: Lessons on Managing Open Source Software Use

On Friday, Microsoft acknowledged that the code for the Windows 7 USB/DVD Download Tool improperly included GPLv2 licensed code and they did not comply with GPLv2. Like the GPLv2 licensed code found in the Linksys operating system, the software had been written by a consultant. Peter Galli's blog was very frank: we are now able to confirm this (inclusion of improperly licensed GPL v2 code) was indeed the case, although it was not intentional on our part. While we had contracted with a third... Posted on November 15, 2009 at 06:23 pm by Mark Radcliffe
Oct 27
Most Influential People in Open Source

Mindtouch recently named the Most Influential People in Open Source in their blog [www.mindtouch.com]. I think that it is a measure of the health of the industry that it is difficult to identify those people and it is always difficult to choose only five people. Mindtouch deserves the thanks of the industry for the survey and creating an excellent list (in the interest of full disclosure, I was named in the Honorable Mentions category, so how can I disagree?). However, I think that they should... Posted on October 27, 2009 at 02:43 pm by Mark Radcliffe
Oct 15
GPLv2 is Not Legally Unsound, but It Has Challenges

A recent article by the Register incorrectly stated that Karen Copenhaver and I thought that the GPLv2 was "legally unsound" in a recent Black Duck webinar. (you can listen to the webinar if you want to check for yourself [www.blackducksoftware.com]). The article has been changed by the author (apparently some unreviewed editing caused the problem) to read: "Two prominent IP lawyers have warned that the all-pervasive General Public License version 2 (GPLv2) contains legally ambiguous wording... Posted on October 15, 2009 at 01:48 pm by Mark Radcliffe

Rank This Week: 650

Sacramento Personal Injury Lawyer

Personal injury information and news. From Sacramento attorney Ed Smith.

http://sacramento.injuryboard.com/

Aug 18
Micra Limits Everything

I recently spotted an article on the topic of MICRA (Medical Insurance Compensation Reform Act) and the need for reform. The article spoke at length about how MICRA limits pain and suffering damages to $250,000, and the need for reforms on that over 30 year old limitation. The problem I had with the article is that it vastly understated the true extent of the limitations imposed by MICRA, and the devastating consequences those limits have on injured people. The $250,000 limit is just one of... Posted on August 18, 2009 at 11:29 am by Steven Schultz
Jul 31
Alarming Trend Puts Tahoe Bikers at Risk

Lake Tahoe boasts 255 miles of mountain bike trails. These trails have been built to be fun and challenging, but were also designed to enable emergency vehicle access and protect the environment. When building these trails, the Forest Service considers environmental sustainability and the protection of historical resources. They build strong, sound features that will endure and take rider experience into account. These trails can be a great way to explore the national forests and get out into... Posted on July 31, 2009 at 10:25 am by John Demas
Jul 2
CHP Declares Fourth of July an Operation CARE Holiday

Operation Combined Accident Reduction Effort is a program that facilitates communication and cooperation between different state law enforcement agencies. The states are working together to prevent collisions and deaths. Operation CARE started in 1977 by Sgt. Gary Ernest of the Michigan State Police and First Sergeant Gene Neff of the Indiana State Police. These two men realized that by working together, they could keep the interstate roads much safer than by going about it on their own. Today... Posted on July 2, 2009 at 06:33 am by Amber Wheat

Rank This Week: 655

Entertainment Litigation Blog

Entertainment Litigation Blog is devoted to the discussion and analysis of legal issues affecting the entertainment industry, particularly the issues which arise in litogation. By Los Angeles Entertainment Lawyer Melvin N.A. Avanzado of Jeff Mangels Butl

http://www.entertainmentlawblog.com/

Aug 18
ENTERTAINMENT & MEDIA LITIGATION: HOWARD K. STERN'S DEFAMATION CLAIM SURVIVES SUMMARY JUDGMENT

NY FEDERAL JUDGE RULES THAT ALLEGEDLY DEFAMATORY STATEMENTS ABOUT ANNA NICOLE SMITH'S ATTORNEY/COMPANION SHOULD BE PRESENTED TO A JURY Last Wednesday, on August 12, 2009, a federal district court judge in New York ruled that the defamation case filed by Anna Nicole Smith's former attorney and companion, Howard K. Stern, against the publisher and author of the book "Blonde Ambition: The Untold Story Behind Anna Nicole Smith's Death" should proceed to trial against the author, MSNBC investigative... Posted on August 18, 2009 at 09:00 am by Melvin N.A. Avanzado
Jul 27
ENTERTAINMENT LITIGATION: ANOTHER REPUBLICAN POLITICIAN SUED OVER USE OF MUSIC

ROCK STARS SUE CALIFORNIA REPUBLICAN SENATE CANDIDATE OVER TWO SONGS Since the election of Barack Obama, there appears to be a rash of lawsuits filed by rock and roll stars against Republican candidates for office. I previously wrote about Jackson Browne's federal case against the Republican National Committee and Senator John McCain over the use of Browne's song "Running On Empty" in an Ohio internet campaign spot. That case reportedly has apparently settled on confidential terms, resulting in... Posted on July 27, 2009 at 11:00 am by Melvin N.A. Avanzado
Jul 20
ENTERTAINMENT LITIGATION: POPE BENEDICT, INTELLECTUAL PROPERTY RIGHTS AND COLDPLAY

"TRUTH IN CHARITY" ENCYCLICAL TOUTS NEW GLOBAL ECONOMIC STRUCTURE BASED ON SOCIAL AND ETHICAL RESPONSIBILITY It's been a while since I wrote a new post on this blog. I apologize for that. I thought I'd make my first post in some time to comment on Pope Benedict's June 29, 2009 Encyclical Letter "Caritas in veritate" -- Truth in Charity. In his latest and third encyclical letter, Pope Benedict comments about the current global economic crisis and mentions certain intellectual property rights,... Posted on July 20, 2009 at 04:15 pm by Melvin N.A. Avanzado

Rank This Week: 656

California Personal Injury Law...

California Personal Injury Law Blog

Covers personal injury law, mostly geared to the state of California. By Norman Gregory Fernandez.

http://www.calinjuryblog.com

Nov 21
Julian California man, Age 53, killed in head-on crash that was not his fault.

A 53-year-old Julian man died Friday in a head-on collision on state Route 78 between Ramona and Santa Ysabel. The accident occurred about 11:15 a.m. when a Dodge truck driven by Justin Jones, 20, of Ranchita, California, drifted onto the right shoulder of the westbound lane, the California Highway Patrol said. Jones overcorrected, crossed the double-yellow line and smashed into a Ford truck traveling east, police said. The driver of the Ford died at the scene. Authorities said it appears he... Posted on November 21, 2009 at 09:17 pm by Norman Gregory Fernandez, Esq.
Nov 18
Hospital misplaced Baby’s Body for Days

Sacramento - California A premature baby, born at 20 weeks, died just two short hours after entering the world. Shortly after; baby Autumn's body was lost at Kaiser Permanente and was not found for six days, as reported by CBS 13. As the parents of baby Autumn were making the heart wrenching funeral arrangements, representatives of Kaiser alerted the grieving parents that the hospital somehow lost track of their baby girl's body. For six agonizing days, Autumn's family was left wondering what... Posted on November 18, 2009 at 01:35 pm by Norman Gregory Fernandez, Esq.
Nov 14
Stroller Company announces major safety recall; Maclaren umbrella strollers pose risk of injuries to children’s fingers

Maclaren is recalling at least 1 million umbrella strollers because of a potential hazard to children's fingers. A side hinge mechanism poses the risk of cutting or amputating a child's fingers when the stroller is being opened or closed, the British company said Monday. The voluntary recall applies to all Maclaren strollers sold in the U.S. since they were introduced in 1999. The U.S. Consumer Product Safety Commission and Maclaren have received reports of 15 incidents in which children were... Posted on November 14, 2009 at 12:07 am by Norman Gregory Fernandez, Esq.

Rank This Week: 666

DUI Blogger

This blog covers DUI law, science, and policy. Topics include celebrity DUI arrests, DUI consequences, and DUI legislation. Published by Southern California criminal defense lawyer, Neil Shouse.

http://www.duiblogger.com/

Nov 20
Anonymous DUI Tip Could Result in a 15-Year Sentence

Scott Caulfield faces up to fifteen-years in state prison and up to $100,000 in fines for felony charges of possessing a controlled substance and misdemeanor DUI&#xe2€&#xa6charges that were based on an anonymous caller's tip. The caller reported that Caulfield almost hit her and her husband head-on, causing them to swerve into a ditch to avoid the accident. The caller provided a description of Caulfield's car as well as his location. With that, officers stopped Caulfield's car and began a DUI... Posted on November 20, 2009 at 10:06 am by Shouse Law Group
Nov 19
Southern California DUI Sobriety Checkpoint Schedule for 11/20 & 11/21

This weekend, there are at least four California DUI sobriety and driver's license checkpoints scheduled to take place. Typically, cops need a reasonable suspicion or probable cause before they can initiate a traffic stop. In order to get around this strict legal requirement, courts have classified DUI roadblock investigations as "administrative" rather than criminal. Although our government is generally doing a good job of depriving suspected DUI drivers of their rights, sobriety checkpoints... Posted on November 19, 2009 at 11:16 am by Shouse Law Group
Nov 18
Weaving within a Lane -- Probable Cause for a DUI Stop?

It actually depends. Unless there is "pronounced weaving" for a "substantial" distance, witnesses by a "seasoned" officer, the answer will be no. Good news for many California DUI suspects. This is because many officers will admittedly pull over suspected drunk drivers because they are weaving within their lanes. This, the police believe, is a DUI cue, warranting further investigation. But courts have held that this does not rise to the level of probable cause that is necessary to pull a driver... Posted on November 18, 2009 at 11:18 am by Shouse Law Group

Rank This Week: 669

Idea Lawyer Blog

Covers business, inventions, music, intellectual property and tech initiatives. By the Neville Law Group.

http://www.idealawyerblog.com/

May 19
Wolfram Alpha !!!!

[www.wolframalpha.com] Great fun - watched the video - many new ways to create the illusion of knowing by rearranging data..... Without detracting in the slightest from the genuine accomplishment of WA, I here repeat my concern that proper critical thinking skills must be taught and practiced. For example, does the average citizen differentiate causality from correlation from co-incidence? Too much psuedo-science popular press depends on the non-appreciation of the distinctions in order to make... Posted on May 19, 2009 at 10:08 am by Deborah Neville
May 14
FEMA TRAILER Evictions? (speaking of off the grid)

[www.upi.com] Posted on May 14, 2009 at 09:42 am by Deborah Neville
May 14
Off- the- Grid Green Airstream!

[www.jetsongreen.com] Posted on May 14, 2009 at 09:37 am by Deborah Neville

Rank This Week: 689

Silicon Valley Media Law Blog

Covers content, e-commerce, technology and venture capital. By Cathy Kirkman.

http://www.svmedialaw.com/

May 21
Stanford E-Commerce Conference 6/13

Hope to see you at the E-Commerce Best Practices Conference at Stanford Law School on June 13. I think it's consistently one of the best events around about online legal issues -- credit organizers Roland Vogl, Mark Lemley, and Ian Ballon, among others. I'm moderating a panel -- the agenda's here. It's really the audience that makes the event what it is-- always a great turn-out of the Valley legal crowd. Posted on May 21, 2008 at 06:01 pm
May 21
Stanford E-Commerce Conference 6/13

Hope to see you at the E-Commerce Best Practices Conference at Stanford Law School on June 13. I think it's consistently one of the best events around about online legal issues -- credit organizers Roland Vogl, Mark Lemley, and Ian Ballon, among others. I'm moderating a panel -- the agenda's here. It's really the audience that makes the event what it is-- always a great turn-out of the Valley legal crowd. Posted on May 21, 2008 at 06:01 pm by Cathy
Apr 6
Make Way for Duck Bites -- Roommates.com

Jumping in with a few thoughts on the 9th Circuit's Roommates.com decision, which came out last week -- some viewpoints include Eric Goldman, Michael Erdman, and Evan Brown. Roommates was sued for violating the fair housing laws, and it unsuccessfully argued that as an interactive computer service it was immune from liability for the content posted by its users, under Section 230 of the Communications Decency Act. Under the statute, the immunity does not apply if the service provider also... Posted on April 6, 2008 at 05:08 pm

Rank This Week: 787

California Divorce and Family Law

Covers celebrity marriages, child custody, child support, divorce, paternity, prenuptial agreements, post-nuptial agreements, remarriage and taxes. By Jeffrey Lalloway.

http://oc-divorce.typepad.com/california_divorce_and_fa/

Mar 11
Alimony--Using Craigslist to get out of paying?

/**/ Man offers to pay for someone to marry ex-wife Imagine sitting at your computer and you are browsing the classified ads on Craiglist and suddenly you come across the following ad: Nice well taken care of ex-wife. Mid 40's. Pretty and loyal. Never smoked and very little drinking. Will make someone a good companion (I know).... Will pay 10K to the man or woman who marries her in a way that stops me from having to pay her alimony. There's the hitch. The man, trying to end his alimony payments... Posted on March 11, 2009 at 10:30 am by jeff
Feb 25
Dating 101: How to Tell When You're Ready to Commit

Eight key questions to ask your mate -- and yourself There is something exhilarating about taking the big leap from dating to becoming a permanent "item" and making that final commitment. But before you run off into the sunset with your mate, make sure that the time you choose to commit is the right time -- and with the right person. As a divorce attorney, I have found over the years that most couples who wind up splitting do so because there are discrepancies or control issues over what I term... Posted on February 25, 2009 at 10:02 am by jeff
Feb 13
Picking the right divorce lawyer can help make the split less painful

Approximately half of all people who get married will end up getting divorced. A divorce can be a stressful and traumatic experience for men, women, children and for members of the extended family who are also impacted by the break up of a marriage. Having the right attorney can alleviate some of the emotional sting and reduce some of the stress which are integral parts of the divorce process. Conversely, having the wrong kind of legal representation, can make an already painful experience... Posted on February 13, 2009 at 03:04 pm by jeff

Rank This Week: 798

Storm's California Employment Law

Features cradle-to-grave law tracking. By Jon-Erik G. Storm.

http://stormsemploymentlaw.com

Nov 20
If you say so…

MoFo says [pdf]: The 2009 legislative sessions in both Sacramento and Washington, D.C. have yielded significant developments for labor and employment law. Both? I would say, on the contrary, the 2009 legislative session in Sacramento was probably the least eventful of the decade in developments "for" labor and employment law. Share it: Hide Sites Posted on November 20, 2009 at 12:52 pm by Jon-Erik G. Storm
Nov 20
Courts to Employers: Stop Trying To Loophole 16600

I apologize for the almost total lack of posting. I was in a trial that involved testimony over 4 weeks starting October 6, and just finished up the concluding briefs today. If you can believe it, in the middle of all of that I had stomach surgery which cured a debilitating case of heartburn and as an added bonus has caused me to lose 15 pounds already. So, I thought I'd point to this post from Robin Weideman on Dowell v. Pacesetter, Inc., a case which is more or less unremarkable, except that... Posted on November 20, 2009 at 12:34 pm by Jon-Erik G. Storm
Oct 21
Bruce Nye Is An Arbitroskeptic

Here's CalBizLit's comment on Justice Gilbert's reworked opinion on arbitration finality. I find this interesting because what I have termed in the past "arbitroskepticism" seems to be a contrarian point of view, but it is increasingly gaining traction among lawyers who blog. The simple logic was always this: if the forum really was so advantageous for employers (or any one side, whoever) how long could it really be before the courts and/or legislature took notice. Added to that was, where's... Posted on October 21, 2009 at 02:51 pm by Jon-Erik G. Storm

Rank This Week: 806

California Condo & HOA Law...

California Condo & HOA Law Blog

Covers affordable housing, elections, collections, boards and committees. By Beth Grimm.

http://www.communityassociations.net/cacondoguru/

Nov 21
Who Signs Minutes for HOA and Condo Meetings?

Here is a simple question about minutes that I received recently: "Have you ever discussed how the requirement that board minutes be official is accomplished? Do they have to be signed? By the Secretary? President?" Generally, board minutes should be signed by the secretary of the association. The secretary is usually the person responsible for "taking" the minutes as well. However, associations with paid managers often leave the task of taking the minutes and typing them up to the manager.... Posted on November 21, 2009 at 08:08 pm
Nov 19
The New Davis Stirling "Disclosure Index" for HOAs and Condos

After putting out information about the new additions to the Davis Stirling Act for 2010, I got the following question: "We already include all items in the index in the year end disclosure packet. Are we now suppose to include the index along with all the disclosures beginning next year??" My first thought was "yes" - I mean, what is the purpose of the Index? The legislative summary of the bill says: "This bill would also require an association to distribute annually to its members a... Posted on November 19, 2009 at 09:38 pm
Nov 18
Approving HOA Meeting Minutes - What Is The Purpose? What About Timing?

I often get questions about meeting minutes from owners and from board members. Sometimes it's "how can I get them" or "do they have to be sent to members"? An owner has a right to get copies of minuntes of HOA and CONDO membership meetings and open board meetings, even if they have not yet been approved as final. (Notice I said "open" which does not include executive session meetings). The Davis Stirling Act says so. And it says they can request them - although owners may have to pay for... Posted on November 18, 2009 at 09:42 am

Rank This Week: 814

Abbott & Kindermann Land Use...

Abbott & Kindermann Land Use Law Blog

Covers land use, environmental, and real estate law in California.

http://blog.aklandlaw.com/

Nov 19
Approval of a Sales Tax Measure and an Investment Plan by the Regional Transportation Planning Body, as Part of a Sales Tax Measure to be Submitted to the Voters, Qualifies as Exempt from CEQA

/**/ By William W. Abbott The Santa Barbara COG is the local transportation authority for Santa Barbara County. As authorized by statute, the COG approved Measure A, which consisted of a sales tax measure for voter approval for transportation improvements and an investment plan, which served as the statutory Expenditure Plan. The COG then approved a resolution calling for the Board of Supervisors to put Measure A on the ballot. Petitioner challenged the COG approval on the basis that no CEQA... Posted on November 19, 2009 at 06:00 am
Nov 18
Vision California: Centralization of Land Use Planning at the State Level?

/**/ By Cori Badgley Traditionally, land use planning generally has been left to counties and cities. On a selected basis, the legislature has intervened and added an overlapping layer of state regulation, such as the Coastal Commission, Cal TRPA and BCDC. With state mandated housing elements, cities in particular have had to take a more regional perspective in addressing housing needs. SB 375 in 2008 added to the subtle shift in the local-state planning paradigm. Now, the state is embarking on... Posted on November 18, 2009 at 06:00 am
Nov 12
When a Fort is a Home: The Salvation Army, Fort Romie and Connecting Landless Men with Manless Land

By William W. Abbott Begun as a ministry in the 1850's to help the poorest of poor in East London, the Salvation Army came to the United States in 1880. As a small part of its overall mission of the salvation of souls ,the Salvation Army developed three farm colonies in the United States: Fort Romie (California), Fort Amity (Colorado) and Fort Herrick (Ohio). Fort Romie, located two miles south-southwest from Soledad, Monterey County, was the first of these colonies. The objective was to... Posted on November 12, 2009 at 10:00 am

Rank This Week: 819

California Condominium Law

Covers the community associaiton industry. By Adams Kessler.

http://davis-stirling.com/wordpress

Nov 15
Mother’s Proxy

QUESTION: My mother is well into her eighties and has significant hearing issues. When she was recently pointed out at a board meeting "put her up front, she can't hear." she became very embarrassed and refuses to attend any more board meetings. Can she appoint me, her daughter, as a proxy to attend all meetings? ANSWER: Yes, you can attend on her behalf. However, a proxy is not the correct form of authorization. Proxies apply only to membership meetings, not board meetings. A power of attorney... Posted on November 15, 2009 at 06:33 am by Adrian Adams
Nov 8
Power of Attorney to Run for the Board

QUESTION: My mother owns a condominium. As her son, I was given durable power of attorney and conservatorship and would like to run for the board. The HOA says I am not eligible since I am not an owner. My power of attorney allows me to represent my mother's interest in all matters. The condominium is her largest financial asset. Our Trust/Probate attorney believes the HOA is obstructing my lawful authority under provisions of the power of attorney. ANSWER: Your power of attorney allows you to... Posted on November 8, 2009 at 08:24 am by Adrian Adams
Nov 1
E-Mail Ballots

QUESTION: We have authorization from all homeowners to send all correspondence, billing, etc. by email. Can we also send election ballots by email? It is expected to be an uncontested meeting. ANSWER: Email ballots would be convenient and a less expensive than paper ballots. Unfortunately, they would not be "secret" as required by the Davis-Stirling Act if they are returned by email. The statute requires ballots be returned in a double envelope system. Depending on your governing documents you... Posted on November 1, 2009 at 07:24 am by Adrian Adams

Rank This Week: 822

California Criminal Defense Blog

California Criminal Defense Blog covers topics such as drug crimes, legislation, sex crimes, sex offenses, and violent crimes. Published by Southern California Defense Lawyers Neil Shouse & Associates.

http://www.californiacriminaldefenseblog.com/

Oct 27
Highway 15 a Fertile Ground for DUI Arrests

The stretch of Interstate Highway 15 from Las Vegas to Ontario is a fertile ground for police to issue speeding tickets, DUI arrests and other driving-related citations. Barstow CA DUI attorney Robert Little says that many of the DUI arrests result in prosecution at the Victorville, Barstow and Fontana courthouses. "Most are Southern Californians heading to Vegas and starting the party early. Or people coming home from Vegas too soon after the party." Aside from the drunk drivers, this stretch... Posted on October 27, 2009 at 02:09 pm by Shouse Law Group
Oct 26
Judges Order CA to Reduce Prison Population

The California prison population will experience a 27% decrease over the next two years, or at least that's the plan. A panel of federal judges recently ordered the state of California to reduce its prison population of 150,000 down to about 110,000, citing overcrowding in prisons as resulting in inadequate health care for inmates. California has a period of 45 days to devise a plan for reducing the prisoner population. According to The New York Timess, "in these overcrowded conditions,... Posted on October 26, 2009 at 11:04 am by Shouse Law Group
Oct 21
Jackson Doctor Administered Lethal Dose

According to The Washington Post, Michael Jackson was administered a deadly dosage of propofol, an anesthetic drug that a personal physician was administering to the entertainer as a sedative to help him sleep. Though the anesthetic is not recommended for home use, particularly since necessary equipment needed for life-saving measures are not typically found within the confines of a private home, the anesthetic was given to Jackson nevertheless. Conflicting stories paint the scene of Jackson's... Posted on October 21, 2009 at 09:00 am by Shouse Law Group

Rank This Week: 824

California Family Law Blog

Covers adoption, child support, divorce and other family law issues with a focus on California law. Published by Scott J. Sagaria.

http://www.californiafamilylawblog.com/

Nov 13
San Jose Bankruptcy Attorney comments the divorce, bankruptcy, and foreclosure that drove Jason Rodriguez to go on a shooting spree at his former employer.

San Jose Bankruptcy Attorney comments the divorce, bankruptcy, and foreclosure that drove Jason Rodriguez to go on a shooting spree at his former employer. America was horrified last week when Jason Rodriguez, a former engineer, returned to his former employer and began shooting, killing one and wounding five others. Rodriguez's life had been in a downward spiral for some time. His wife had filed for divorce, he was behind on child support, and he had lost his home to foreclosure and had filed... Posted on November 13, 2009 at 10:55 am by Scott Sagaria
Nov 11
San Jose Bankruptcy Attorney comments downward spiral of former NFL quarterback Bernie Kosar into divorce and bankruptcy.

San Jose Bankruptcy Attorney comments downward spiral of former NFL quarterback Bernie Kosar into divorce and bankruptcy. According to media reports, former NFL star Bernie Kosar's life after football has spiraled downward into a series of failed business ventures, divorce and bankruptcy. The former University of Miami and Cleveland Browns star quarterback's wife filed for divorce in 2007 alleging that Kosar was acting irrationally and giving away their money. Kosar filed for Chapter 11... Posted on November 11, 2009 at 10:43 am by Scott Sagaria
Nov 9
San Jose Family Law Attorney explains how judges may consider your financial situation, including bankruptcy, when establishing domestic support in a divorce.

San Jose Family Law Attorney explains how judges may consider your financial situation, including bankruptcy, when establishing domestic support in a divorce. If you are going through a divorce, you should know that judges can take a wide range of factors into consideration when establishing domestic support obligations, such as child support and spousal support or alimony. Whether you are the custodial parent or non-custodial parent, here are some thoughts to keep in mind. Income plays a large... Posted on November 9, 2009 at 09:00 am by Scott Sagaria

Rank This Week: 845

California Civil Litigation

Covers recent decisions of the California Courts that are of interest to the civil litigation practitioner. By Pamela Fasick.

http://californiacivillitigation.blogspot.com/

Oct 27
A Judgment Without Previous Notice of Lawsuit

I Was Informed There's a Judgment Against Me But I Never Heard of Any Lawsuit It's relatively unusual for a person who had no notice that they had been named as a defendant in a civil action to be informed that there is a civil judgment against them. Recently I prepared a general description of what a person who got that startling information might want to know. I have decided to share it here. There are general rules that apply to every civil lawsuit. The general rule is that a person must be... Posted on October 27, 2009 at 07:46 am by Pamela Fasick
May 11
Hospital's Suit For Reimbursement Is Not Preempted by ERISA

Court of Appeal Reverses a Judgment Sustaining a Demurrer by Blue Cross Coast Plaza Doctors Hospital v. Blue Cross of California (B205892, May 11, 2009) 11 p. According to the allegations in the complaint, a patient checked into an out-of-network hospital for previously scheduled surgery. Because the Hospital was out-of-network the patient made an advance cash payment for the surgery. The surgery went smoothly and is not at dispute in this litigation. However, a few days after the surgery the... Posted on May 11, 2009 at 06:20 am by Pamela Fasick
Apr 20
Life Insurance is Not Covered by the Consumer Legal Remedies Act

Supreme Court Affirms Decision But Narrows the Holding From All Insurance to Just Life Insurance Fairbanks v. Superior Court (April 20, 2009, S157001) 10 p. At the time that the Court of Appeal decision in Fairbanks came out I praised it for its thoroughness and suggested that the issue would not have to be revisited by the California courts anytime soon. I was completely wrong because the California Supreme Court granted review of the decision. Today the Supreme Court issued its opinion. A... Posted on April 20, 2009 at 08:56 am by Pamela Fasick

Rank This Week: 883

California Employment Law

Features updates and insights regarding California employment law. By Phillip J. Griego & Associates.

http://calemploymentlaw.wordpress.com

Dec 20
Robert Nuddleman Has Moved

Robert Nuddleman has accepted an opportunity with Sayar Fausto LLP in Los Altos. We have enjoyed Robert's assistance over the last 9 years and wish him luck in his new venture. Robert has created a new blog post at: sflegal.wordpress.com Phil Griego will continue to post at this blog. Posted on December 20, 2008 at 04:29 pm by Phil
Dec 5
Guest Post: Holiday Parties: How Businesses Can Avoid Sexual Harassment Lawsuits

good suggestions regarding holiday parties and preventing sexual harassment lawsuits Posted on December 5, 2008 at 09:48 pm by Phil
Dec 4
2009 IRS Mileage Reimbursement Rate: 55 Cents

Effective Jan. 1, 2009, the standard mileage reimbursement rates for car be reduced from the current 58.5 cents to 55 cents per mile for business miles driven. Posted on December 4, 2008 at 05:39 pm by Phil

Rank This Week: 889

Environmental Legal Blogs

Covers asbestos, biomonitoring, CERCLA, endangered species, EPA, ethanol, global warming, and toxic torts. By Stephen Holzer.

http://environmentallegal.blogs.com/sholzer/

Nov 14
More Problems for Weary Global-Warming Advocates

This has not been a good month for advocates of the theory of global warming. After a slew of articles concerning the fact that the Earth has not been warming for the last eleven years plus the fact that the trend now seems to be toward cooling, a Court in the UK has dealt yet another blow to the proposition that belief in global warming is a "science." Ironically, this setback occurred in a case actually won by an advocate of the global warming theory. The advocate had been dismissed from his... Posted on November 14, 2009 at 07:58 am by STEPHEN HOLZER
Oct 14
SB 827 IS LAW

Governor Schwarzenegger has signed the bill into law (on Sunday, October 11). See post below for a discussion of the bill. Posted on October 14, 2009 at 02:13 pm by STEPHEN HOLZER
Oct 11
AQMD-RELATED RELIEF IS ON THE GOVERNOR'S DESK

SB 827 is on the Governor's desk Readers may remember that, recently, I wrote about the problem for many businesses and government entities as a result of a State Court ruling holding that the AQMD's issuance of "offset" credits violates the California Environmental Quality Act, or "CEQA" and imposing a moratorium on the issuance of such credits. Since such credits are, as a practical matter, required in order for such places to operate under California pollution laws, and since with the... Posted on October 11, 2009 at 12:15 pm by STEPHEN HOLZER

Rank This Week: 909

San Diego Injury Lawyer Blog

Covers issues and topics relating to injury law, such as animal attacks, car accidents, class actions, consumer fraud, legislation, new case law, and tort reform. Published by San Diego, California firm Jurewitz Law Group.

http://www.sandiegoinjurylawyerblog.com/

Nov 12
San Diego, CA Injury Accident Attorney Supports CAOC

George Washington once said: Discipline is the soul of an army. It makes small numbers formidable; procures success to the weak, and esteem to all. Letter of Instructions to the Captains of the Virginia Regiments [July 29, 1759]. The advocates of consumer rights, viewing the resources of defense firms and corporate defendants, can relate to the trepidation felt by the out-numbered and out-gunned Continental Army. Because of that disparity in resources, Consumer Attorneys of California ("CAOC")... Posted on November 12, 2009 at 09:12 am by Ross Jurewitz
Sep 24
San Diego County Helicopter Crash Injures Two

A helicopter crashed on September 20, 2009, in San Diego County. The crash occurred in a remote area of North San Diego County and two people were hurt in the accident. San Diego Sheriff's Lt. Gary Steadman reported on the incident, noting that the crash occurred very near Valley Center and was reported around 2:30 p.m.. However, due to the remote area of the crash, the helicopter was not located until 20 minutes later. Nick Shuler, Fire Battalion Chief, said that the crash scene was not easily... Posted on September 24, 2009 at 10:03 am by Ross Jurewitz
Sep 23
Two People Injured in Knott's Berry Farm Roller Coaster Accident

The popular Southern California amusement park Knott's Berry Farm had two guests injured on September 16, 2009, when a cable on the Xcelerator roller coaster snapped while the ride was in motion. The two victims were a 12-year-old boy and an older man, both of who had to be taken to the hospital. The Knott's Berry Farm spokeswoman Jennifer Blazey spoke to the media, saying that the accident happened around 4 p.m. on Wednesday, at their Orange County location in Buena Park, CA. Blazey also... Posted on September 23, 2009 at 03:32 pm by Ross Jurewitz

Rank This Week: 911

IN THE (RED) - The Business...

IN THE (RED) - The Business Bankruptcy Blog

Covers business bankruptcy issues and developments. From Cooley Godward Kronish LLP's Bob Eisenbach.

http://bankruptcy.cooley.com/

Nov 10
Second Circuit Decides Whether Unsecured Creditors Can Recover Post-Petition Attorney's Fees

On November 5, 2009, the U.S. Court of Appeals for the Second Circuit became the second court of appeals to answer the question left open in the U.S. Supreme Court's March 2007 decision in Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co., 549 U.S. 443 (2007): Can unsecured creditors recover post-petition attorney's fees as part of their unsecured claims? For more on the Travelers decision, follow the link to this earlier post. The Ninth Circuit's Earlier SNTL... Posted on November 10, 2009 at 08:57 am
Nov 2
A Matter Of Time: Important Amendments To The Bankruptcy Rules Are Coming December 1st

Nearly every year, changes are made to the set of rules that govern how bankruptcy cases are managed -- the Federal Rules of Bankruptcy Procedure. Normally, the changes address issues identified by an Advisory Committee made up of federal judges, bankruptcy attorneys, and others. This year, the amendments to the national bankruptcy rules are mainly the result of statutory changes enacted by Congress. The new amendments will take effect on December 1, 2009. Timing Changes Across The Board. For... Posted on November 2, 2009 at 08:45 am
Sep 21
Major Amendments To The CCAA, Canada's Reorganization Law, Are Now In Force

In a post last year entitled "North Of The Border: Reorganization Under Canada's Companies' Creditors Arrangement Act," I discussed the various types of bankruptcy and insolvency proceedings available under Canadian law. Included in the discussion was the Companies' Creditors Arrangement Act, known as the CCAA, used by many Canadian companies to reorganize. At that time, although significant amendments had been enacted to the CCAA and other Canadian bankruptcy laws, those amendments had not... Posted on September 21, 2009 at 11:46 pm

Rank This Week: 913

California Divorce Blawg

Covers current events in divorce. By John E. Harding.

http://californiadivorce.blogs.com/blog/

Nov 6
The New Take On Spousal Support

For years I have been telling my clients that the goals and purposes behind spousal support (commonly referred to as "alimony") are changing. It seems that change is gaining momentum. The on-line edition of the Wall Street Journal offers an insightful piece on the spousal support policy shift occurring across the country. Paul and Theresa Taylor were married for 17 years. He was an engineer for Boston's public-works department, while she worked in accounting at a publishing company. They had... Posted on November 6, 2009 at 10:04 am by John E. Harding, JD, CFLS
Oct 29
Are the LA Dodgers Community Property?

Dodgers owner Frank McCourt and his wife Jamie have split. The fireworks have begun in their California (Los Angeles County) divorce. In addition to requesting $448,000 per month in spousal support, Ms. McCourt is also asserting that she is a co-owner of the storied baseball franchise. Click here for more. Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law. Posted on October 29, 2009 at 04:05 pm by John E. Harding, JD, CFLS
Oct 19
ABA Military Pro Bono Project Needs Volunteer Lawyers

The American Bar Association's Military Pro Bono Project connects active-duty military personnel to free legal assistance for civil legal issues beyond the scope of services provided by a military legal assistance office. The Project's web portal has been created to allow case-handling military attorneys to refer financially eligible servicemember clients to the Project, which will then make every available effort to place the case with a volunteer pro bono attorney qualified to assist the... Posted on October 19, 2009 at 08:59 am by John E. Harding, JD, CFLS

Rank This Week: 915

California Repossession Law Blog

California Repossession Law Blog covers legal issues related to property and auto repossession. By Northern California Consumer Lawyers Kemnitzer, Anderson, Barron, Oglivie and Brewer.

http://www.californiarepossessionlaw.com/

Oct 21
Ford Motor Credit Company Settles Class Action Concerning Repossession Notices

Ford Motor Credit Company ("FMCC") has agreed to settle a consumer class action involving vehicle repossessions. Consumers alleged FMCC failed to provide post-repossession notices that comply with California law. Although it denies the allegations, FMCC will provide substantial relief to the 15,877 class members, including a promise to stop collection of approximately $110,810,774.38 in outstanding deficiency balances and to refund the full amount that class members have already paid on their... Posted on October 21, 2009 at 03:24 pm
Aug 28
Fireside Bank Settlement Checks to Be Sent September 11

Fireside Bank Settlement Class Members who paid money to Fireside after their cars were repossessed were scheduled to receive refund checks next week. However, as I mentioned in my last post, Fireside had not provided accurate records of payments it collected in 2009. Less than three weeks ago, Fireside finally provided new collection information to the Settlement Administrator regarding Settlement Class Members' 2009 payments. The Settlement Administrator had to input and process that new... Posted on August 28, 2009 at 12:29 pm
Jul 27
Fireside Bank Settlement Nears Distribution/Finalization

If you received a Class Notice in the Fireside Bank class action settlement, watch your calendar. The "Effective Date" for the settlement is this week, July 29. Ten days after the Effective Date--no later than August 8--Fireside must change all of its records to show that Class Members owe nothing to Fireside. It must also request the credit reporting agencies to delete Fireside's tradeline on Class Members' credit reports. Class Members should check their credit reports in mid- to late... Posted on July 27, 2009 at 11:57 am

Rank This Week: 920

Declarations and Exclusions

News and comment on California insurance law, the politics of insurance, and other risky business. By George Wallace.

http://declarationsandexclusions.typepad.com/weblog/

Aug 24
The Soft Parade of Dubious Risk Management Techniques

If you were looking for a counter-example to the proposition that "Republican elected officials can be counted upon, at all times, to side with Large Corporate Interests," you need look no further than the relationship between Florida's Republican Governor Charlie Crist and the property-casualty insurance industry. In a nutshell, in the name of a populist "I'm protecting the little guy" strategy, Crist throughout his administration has fought even the simplest and most uncontroversial proposals... Posted on August 24, 2009 at 08:39 pm by George Wallace
Aug 1
Priceless, But Not Compensable in California:No Emotional Distress or Loss of Companionship Damages for the Death of a Pet

In late 2004, I wrote about the Bluestone case, in which a jury in Orange County, California, awarded a dog owner damages for his distress and loss of companionship in his suit against the veterinarians whose negligence was found to have caused the dog's death: Although a minority of states -- Hawaii and Florida among them -- have permitted an animal owner to recover damages for the owner's distress when the animal is injured through negligence, the majority of states that have considered the... Posted on August 1, 2009 at 10:57 am by George Wallace
Apr 7
Crusading Knight vs. Crusading Lawyer

Los Angeles Times art critic Christopher Knight has a bone to pick with New York arts lawyer (and proprietor of The Art Law Blog) Donn Zaretsky. In a post to the LAT's Culture Monster blog, "How not to deregulate art museums," Knight writes: I once asked a donor of major art to an important museum what would happen if that institution proceeded with a tentative plan to sell one of the donor's art gifts to raise money to cover the museum's mounting bills. That option has long been an art museum... Posted on April 7, 2009 at 01:30 pm by George Wallace

Rank This Week: 926

Sacramento Injury Lawyer Blog

The Sacramento Injury Lawyer Blog covers issues and topics such as Personal Injury, Medical Malpractice, Slip and Fall Accidents and Liability, and Dog Bite Attacks. By Sacramento Injury Lawyer, Moseley Collins.

http://www.sacramentoinjurylawyerblog.com/

Nov 22
Severely Injured Sacramento Motorcycle Driver Awarded Damages After Trial, Part 2 of 5

The following blog entry is part of the plaintiff's response to the defendant's new trial motion, which was posted earlier this month. (Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this motorcycle accident/personal injury case and its proceedings.) Plaintiff opposes the Motion for New Trial or, in the Alternative, Motion for Remittitur as the evidence presented at the trial justified and supported the award of... Posted on November 22, 2009 at 07:24 am by Moseley Collins
Nov 19
Sacramento Jury Damages Award For Motorcycle Accident Challenged, Part 1 of 5

The following blog entry is part of the plaintiff's response to the defendant's new trial motion, which was posted earlier this month. (Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this motorcycle accident/personal injury case and its proceedings.) Plaintiff, Mark Smith, submits this Memorandum of Points and Authorities in Opposition to Defendant's Motion for New Trial or, in the Alternative Remittitur: INTRODUCTION... Posted on November 19, 2009 at 07:07 am by Moseley Collins
Nov 17
Huge Jury Award For Sacramento Motorcycle Accident Victim, Part 5 of 5

The following blog entry is written from a defendant's position after a jury trial verdict for plaintiff. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in a personal injury case present such issues to the court. (Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this motorcycle accident/personal injury case and its proceedings.) Plaintiff testified at trial that... Posted on November 17, 2009 at 07:48 am by Moseley Collins

Rank This Week: 962

Southern California Injury Law...

Southern California Injury Law Blog

Covers car accidents, dog bites, injuries, insurance disputes, motorcycle accidents, truck accidents and wills and trusts. By Allen Flatt Ballidis & Leslie.

http://www.californiainjurylawyerblog.com/

Nov 20
Southern California is declared "most dangerous" for pedestrians.

According to a new report from Transportation for America, the Southern California metro area is the most dangerous for pedestrians. In addition, there have been 491 deaths statewide last year. Lack of sidewalks and crosswalks spaced too far apart are two of the main causes of these accidents. The report entitled, "Dangerous by Design: Solving the Epidemic of Preventable Deaths", investigates why there has been such an increase in pedestrian deaths. For one California family, their son has... Posted on November 20, 2009 at 01:12 pm by Allen, Flatt, Ballidis & Leslie
Nov 17
Lawyer advertising in California for loan modification is under heavy scrutiny.

I wrote about lawyer advertising hype and ways you can be fooled by inflammatory advertising in my book "Avoid Lawyer Advertising Hype. A Lawyers Method of Finding a Lawyer." One section is devoted to telling you how to check the background and discipline record of the attorney you may hire. It is easy and every potential client should take advantage of this check. Here is an example of why that check is important. The California State Bar has appointed a task force to investigate lawyers who... Posted on November 17, 2009 at 09:35 am by Allen, Flatt, Ballidis & Leslie
Nov 16
Truck stopped on shoulder is not grounds for liability if struck by a car.

A recent California Appeals Court has ruled that as a matter of law, a truck stopped on a shoulder, for what ever the reason, owes no duty to motorists that strike the truck and therefore cannot be found liable. On February 24, 2004 Adelelmo Cabral's pickup truck entered the shoulder and struck a stopped Ralphs Grocery tractor trailer. The truck was stopped in the emergency shoulder area without an emergency. The widow of Cabral argued through expert testimony that the truck driver was... Posted on November 16, 2009 at 12:06 pm by Allen, Flatt, Ballidis & Leslie

Rank This Week: 970

California Employee Rights Blog

Covers employment contracts, discrimination, harassment and more. From the Peters Law Group.

http://www.calemployeerightsblog.com

Nov 12
We Fight for Those Who Cannot Fight For Themselves

George Washington once said: Discipline is the soul of an army. It makes small numbers formidable; procures success to the weak, and esteem to all. Letter of Instructions to the Captains of the Virginia Regiments [July 29, 1759]. The advocates of consumer rights, viewing the resources of defense firms and corporate defendants, can relate to the trepidation felt by the out-numbered and out-gunned Continental Army. Because of that disparity in resources, Consumer Attorneys of California ("CAOC")... Posted on November 12, 2009 at 06:54 am by James Peters
Sep 25
Proposed California Law Restricts Credit Checks for Job Applicants

The Los Angeles Times recently reported on a new bill headed to Governor Schwarzenegger for possible signature (though I believe it is likely to be vetoed) generally prohibiting California employers from requiring applicants to allow them to examine their credit report as part of the application process. The new California employment law would allow employers to do checks on employees who handle large amounts of money or other sensitive positions. While I recognize that in these situations... Posted on September 25, 2009 at 04:39 pm by James Peters
Dec 2
Laid Off? You Still Have Rights! Part 3: Get Your Vacation Pay

In most layoff situations, especially these days, the layoff is legitimate and a necessary evil in cutting costs. However, just because an employee has not been wrongfully terminated in a layoff does not mean they have no California employment law rights. One common example is receiving all unpaid vacation pay. Vacation Pay Under California employment laws, once employees have accrued vacation time, they must either be allowed to use it to take time off or have it paid out at termination. This... Posted on December 2, 2008 at 02:20 pm by James Peters

Rank This Week: 1205

Los Angeles Injury Lawyer Blog

Covers brain and spinal cord injury, motor vehicle injury, insurance bad faith, product liability, medical malpractice, and wrongful death topics. By Greenberg & Rudman, LLP Attorneys At Law

http://www.los-angeles-injury-lawyer-blog.com/

Nov 18
MOORPARK, CA PUBLIC TRANSPORTATION ACCIDENT AND INJURY LAWYERS.

Moorpark, CA is a Ventura County city with a population of over 35,000 people. Moorpark residents have a variety of public transportation opportunities at their disposal, including Amtrak and Metro link trains and Moorpark City Transit buses. Additionally, the city is served by Highways 12 and 118 (the Ronald Regan Freeway). As a passenger on a public bus or train, accident victims have rights. Responsibility for a crash on public transit vehicle can lie with any number of parties including... Posted on November 18, 2009 at 05:27 pm by Greenberg & Rudman
Nov 17
BREA CAR CRASH & PARALYSIS ATTORNEYS.

Brea, CA, is an Orange County city and home to nearly 40,000 inhabitants. Brea is the 25th most populated city in the OC. Like most other California cities, Brea residents rely on their cars for transportation to and from work, school, and other activities. Sadly, with driving comes accidents. Crashes on any type of road and with any type of vehicle can leave drivers and passengers with various injuries including paralysis, which is caused by a blow to the spinal cord. Spinal cord injuries can... Posted on November 17, 2009 at 06:34 am by Greenberg & Rudman
Nov 16
SCUBA DIVING & SWEAT LODGE DEATHS. CALL AN LA WRONGFUL DEATH LAWYER NOW IF A LOVED ONE HAS BEEN KILLED AT A SUPERVISED EVENT. (PART II OF II)

In this two-part blog, we are discussing wrongful death that occurs in a supervised environment. Supervision, in these instances, may be the responsibility of a company, school, private individual, or other licensed, organized or empowered entity. Any of the supervising parties may be held accountable in the case of a wrongful death at a supervised activity. In Part I, our first wrongful death blog elucidated a specific case already been decided by a jury in which a woman died from water... Posted on November 16, 2009 at 11:27 pm by Greenberg & Rudman

Rank This Week: 1224

Los Angeles Employment Lawyer Blog...

Los Angeles Employment Lawyer Blog

Los Angeles Employment Law Blog covers disability and medical discrimination, employment claims, workplace discrimination, and workplace harassment. By Los Angeles, California employment attorneys, Greenberg & Rudman.

http://www.losangelesemploymentlawyerblog.com/

Nov 22
MALE SERVERS VICTIMS OF SEXUAL HARASSMENT

California employees are protected against sexual harassment. Whether you are a man or a woman, CA and federal law state that you do not have to tolerate sexual harassment in your workplace. Sexual harassment at work occurs whenever unwelcome conduct on the basis of gender affects your job. It is defined by the Equal Employment Opportunity Commission (EEOC) as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. When male waiters at a... Posted on November 22, 2009 at 07:37 am by Greenberg & Rudman
Nov 21
AGE IS NO REASON TO DISCRIMINATE IN CALIFORNIA

In California, it is against the law for your employer to use your age as a reason to discriminate against you at work. If you are older than 40 years old, CA and federal law protects you against adverse treatment by your employer. Examples of age discrimination include not hiring you, firing you, not promoting you, demoting you, taking away your hours, or not providing you with certain benefits. Call an experienced employment attorney if you have been the victim of age discrimination at your... Posted on November 21, 2009 at 08:33 pm by Greenberg & Rudman
Nov 20
ASIAN, BLACK, WHITE, AND FEMALE JOB APPLICANTS VICTIM OF DISCRIMINATION

In California, it is against the law for your employer to discriminate against you because of your race or your gender. Whether you are black, white, Asian, Hispanic, male or female, CA and federal law protects your rights as an employee. This means that you do not have to fear not being hired, being fired, or being demoted because of your race or gender. If you have been the victim of discrimination at your job, call an experienced employment attorney today. When over 100 Asian, black, and... Posted on November 20, 2009 at 02:27 pm by Greenberg & Rudman

Rank This Week: 1266

The Brockovich Report

This blog covers all aspects of consumer and environmental litigation issues and more. Published by award winning Director of Research at Masry and Vititoe, Erin Brockovich.

http://www.brockovichblog.com/

Nov 13
Million Baby Crawl

Remember when the million man march, a vast grassroots movement, conveyed to the world a different picture of the African American man? Move over men, it's baby time. There's another march on the way, only it's not for a million men. It's not a march either--it's the Million Baby Crawl. Seventh Generation has invited me to be a spokeswoman for the Million Baby Crawl, a movement to focus public attention on toxins in household products. Currently the government only tests 200 of the more than... Posted on November 13, 2009 at 03:21 pm by Erin Brockovich
Nov 3
An American Cause

If we had a crystal ball and could see a 60 foot wall of water coming right at us, or an F-5 tornado ready to rip our house off its foundation, would we do something to stop it? Of course we would-unless it is an environmental disaster of our own making. Those we tend to ignore. Environmental disasters need no gypsy fortune-tellers or wizards to reveal ominous portent. All it takes is a little common sense, and people who pay attention. We all need to pay attention because that 60 foot wall of... Posted on November 3, 2009 at 06:15 pm by Erin Brockovich
Jul 24
Disclosure: Just the Facts Ma'am.

With subjects like Gardasil, it's not just that law and science aren't on the same level. It's also that we're all blind mice running in a maze with no idea what path is going to lead us to health, and which path is going to take us toward the farmer's wife with that knife children have been singing about ever since nursery rhymes were put to music. We won't know what we should do now...until 50 or more years from now. Hindsight is priceless. We can look back a few decades and say the polio... Posted on July 24, 2009 at 10:24 am by Erin Brockovich

Rank This Week: 1285

Nonprofit Law Blog

Covers legal issues affecting nonprofit and tax-exempt organizations. By Gene Takagi.

http://www.nonprofitlawblog.com/home/

Oct 24
Charitable Planning Today: Legislative Update Plus - Jerry McCoy

On October 21, 2009, I attended a program of the Northern California Planned Giving Council titled Charitable Planning Today: Recent Developments, Pending and Proposed Legislation, and Other Things You Should Keep in Mind presented by Jerry J. McCoy. Here are some of the highlights: Treasury's report to Congress regarding donor-advised funds (DAFs) and supporting organizations (SOs) remains past due. Among the items to be covered by this report: Whether deductions are appropriate for... Posted on October 24, 2009 at 02:50 pm by Gene Takagi
Oct 5
Fiscal Sponsorship Revisited

On October 1, 2009, I joined two esteemed exempt organization attorneys, Greg Colvin and Jill Dodd, in a panel discussion on fiscal sponsorship for the National Network of Fiscal Sponsors (NNFS) Annual Gathering. This is a fascinating area that holds great promise for philanthropy and social entrepreneurs, but first there are hurdles for the field to overcome. A poorly defined term. Fiscal sponsorship is not a legally defined term and describes a number of varying contractual relationships that... Posted on October 5, 2009 at 05:00 am by Gene Takagi
Oct 2
Top 5 Compliance Problems for 501(c)(3) Organizations

IRS exempt organizations audit manager Joe Kroll spoke at a program for the Bar Association of San Francisco yesterday and discussed five common ways charitable organizations jeopardize their 501(c)(3) tax-exempt status. Private inurement / private benefit. Lobbying and political activity. Filing requirements. Small 501(c)(3) organizations that have not previously filed Form 990 or Form 990-EZ may be required to electronically file Form 990-N. Failure to file for three consecutive years will... Posted on October 2, 2009 at 12:17 pm by Gene Takagi

Rank This Week: 1298

California Employment Law - Fight...

California Employment Law - Fight Harassment

Covers workplace harassment in California. By Bitton & Associates.

http://www.fightharassment.com/

Jun 9
Harassing Behavior

The following is a list of some sexual harassing behaviors defined by California statutory law: 1. Sexual favors -- unwanted sexual advances or propositions 2. Verbal conduct -- epithets, slurs or derogatory comments, including comments about a person's body, appearance, or sexual activity 3. Physical conduct -- assault, impeding or blocking movement, or any physical interference with normal work or movement 4. Visual harassment -- leering looks, offensive gestures, or derogatory posters,... Posted on June 9, 2008 at 12:22 am by Bitton & Associates
Apr 9
Indirect Sexual Harassment

An employee may have a claim for sexual harassment even when sexually harassing conduct permeates the work environment of the employee, even if such conduct is not directed at the employee if: (1) it occurs in the employee's presence; or, (2) is directed at the employee but does not occur in his/her presence. (See e.g., Beyda v. City of Los Angeles (1998) 65 Cal.App.4th 511, 518; Fisher v. San Pedro Peninsula Hospital (1989) 214 Cal.App.3d 590, 611; Kortan v. State of California (Central Dist.... Posted on April 9, 2008 at 05:25 pm by Bitton & Associates
Mar 6
Some Recent Changes in Misc California Law.

1. Employers with 25 of more employees must give "qualified employees" as many as 10days off (unpaid) when their spouse is on leave from military deployment. Effective October 9, 2007. 2. The California minimum wage increased from $7.50 to $8. Effective January 1, 2008. 3. California drivers cannot use cell phones while driving a motor vehicle unless the driver is using a hands-free device. Effective July 1, 2008. Posted on March 6, 2008 at 10:33 am by Bitton & Associates

Rank This Week: 1315

Commercial Real Estate Update

Covers commercial real estate law, as well as recent commercial real estate developments and transactions. By Aronson Light LLP.

http://www.commercialrealestateupdate.com/

Dec 16
Critical Issues for Retailers in Vertical Mixed-Use Projects

Introduction. Retailers leasing space in mixed-use projects encounter critical issues that might be of little or no concern in traditional shopping centers. Vertical mixed-use projects (multi-story buildings with subterranean parking or attached parking structures, one or more floors of retail at the base, and offices, apartments or condominiums above) present even greater challenges. This article addresses some of these issues and offers practical suggestions for their resolution. Background.... Posted on December 16, 2007 at 10:59 am
Oct 11
Retail Tenants Adjust to Mixed-Use and Lifestyle Centers

If you haven't been to the mall recently, you might not recognize it. The traditional enclosed shopping center is undergoing a major transformation. Empty department stores are being reconfigured or demolished, parking structures are being built to free up surface parking areas for development, and outdoor lifestyle centers are being constructed as extensions of enclosed mall areas. Big box tenants are relocating stores from nearby strip centers and power centers and learning to live with... Posted on October 11, 2007 at 11:15 am
Sep 30
Hollywood Palladium Saved From Wrecking Ball

Thanks to the vigilance of local presevation group Hollywood Heritage, the historic Hollywood Palladium theater has been saved from demolition. The Los Angeles City Planning Department seems to have forgotten that a 1986 ordinance protects hundreds of historic structures within the Hollywood neighborhood; but in their defense it is only recently that developers have been willing to take a chance on new construction in the dilapidated area and so planners may be unfamiliar with the ordinance.... Posted on September 30, 2007 at 08:49 am

Rank This Week: 1317

Wachbrit Estate Planning &...

Wachbrit Estate Planning & Asset Protection Blog

Covers estate planning and asset protection. By Diedre Wachbrit.

http://epblog.wachbrit.com/

Sep 29
The Best Beneficiary: The Retirement Trust

Image by House Committee on Education and Labor via Flickr Why do I like Retirement Trusts best of all beneficiaries for retirement assets? Because unlike any other beneficiary, with an Irrevocable Retirement Trust, we can achieve every objective clients have for their estate planning. (Although the trust has to be irrevocable - according to one case in Kansas - it's easy to replace it with a new trust as long as the plan participant is alive and well.) We can achieve estate tax planning goals... Posted on September 29, 2009 at 07:41 am by admin
Sep 16
The Coming $1M Exemption

Cover of Throw Momma from the Train [Region 2] Many professionals reasonably believe that Congress could never do anything as outrageous as allowing the Permanent Estate Tax Repeal to expire completely on December 31, 2010 and return the exemption to where it was in 2001, when the Repeal was passed. I believe they could. In fact, a growing number of professionals are coming to believe that expiration of the Estate Tax Repeal is our most likely future. One plausible scenario was painted by Stan... Posted on September 16, 2009 at 09:00 am by admin
Sep 4
Welcome Back To Our Estate Planning Blog!

Welcome to the newly redesigned blog. The redesign of the blog is part of an effort to redesign the entire website, which grew out of the many changes that led to our new firm name. No longer The Law Office of Diedre Wachbrit, APC, this email is coming to you from Wachbrit Braverman PC. And the lead attorney is not Diedre Dennis Wachbrit, single mother. Instead, it's Diedre Wachbrit Braverman, remarried mother of two fourth-graders. I changed my name when I wed Bennett Braverman, of Boulder,... Posted on September 4, 2009 at 09:05 am by admin

Rank This Week: 1354

Los Angeles Divorce Lawyer Blog

Covers California divorce, child custody, child support, child visitation, and paternity. By Clarke Logan Young.

http://blog.clarkeyoung.com/

Sep 16
Divorce "Move-Aways" from Los Angeles

WARNING: Never attempt to litigate a "move-away" case on your own. As every divorce attorney in California who has filed or defended a "move away" case will tell you, this area of law is fraught with fatal technicalities and a single innocent mistep can cost you your relationship with your children. The Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA") is the controlling law. This statute has been adopted, with some minor modifications, in every state. We have litigated a number... Posted on September 16, 2009 at 12:51 pm
Sep 11
Consulting with Local Counsel

We receive calls from all over the United States and Europe and from as far away as India asking for help in dealing with, among other things, Borderline Personality Disorder cases. These inquiries typically fall into one of four categories. First, many callers want to know if we know an attorney in their area who specializes in Borderline Personality Disorder. Unfortunately, with the notable exception of one attorney in San Diego, California, I do not. Second, because I am a Los Angeles... Posted on September 11, 2009 at 06:58 pm
Sep 7
Why Must Divorcing Borderlines Be Identified?

As a Los Angeles divorce attorney whose practice emphasizes Borderline Personality Disorder, I am frequently asked why is identifying Borderline Personality Disorder so important in divorce and custody cases? Inevitably, this question is posed by someone unfamiliar with Borderlines for if they had ever been in an interpersonal relationship with a Borderline, they would have no need to ask the question. This is not an easy question to answer for the uninitiated within the limits of a blog. In a... Posted on September 7, 2009 at 05:40 pm

Rank This Week: 1355

California Estate Lawyer Blog

California Estate Lawyer Blog covers topics such as accounting, adoption, breach of fiduciary duty, breach of trust, elder abuse, intestacy, trial, burden of proof, trust litigation, discovery, and undue influence. By Newport Beach, CA Estate Planning La

http://www.californiaestatelawyerblog.com/

Oct 1
The Joint Tenancy Deed Trumps the Will

So there we have it ... my client is listed on a deed with his two siblings and his mother as a joint tenants with right of survivorship (see California Civil Code &#xc2&#xa7683 at [www.leginfo.ca.gov]). In such a case, the survivors are said to take title by operation of law. The joint tenancy deed creates the rights in the property. By including a survivorship right, any other joint tenant alive when another joint tenant dies takes the deceased joint tenant's share. In this case, there were four... Posted on October 1, 2008 at 08:19 pm
Dec 5
I Can't Be Disinherited In California, Can I?

As I stated in my last post, my client's mother had a will when she died; in the will was a disinheritance clause that disinherited my client. In this post I will describe how those clauses are dealt with in California. In general, a child of a dead parent is entitled to a share of the estate of that deceased parent if the child can prove that the failure of the dead parent to name the child as a beneficiary in that dead parent's will or trust was due to the dead parent's mistaken belief that... Posted on December 5, 2007 at 11:51 am
Nov 30
Your Mother's California Will Disinherits You But You And Your Sisters Are Joint Tenants With Right Of Survivorship On The Deed To Your Mother's House; Who Wins?

As I have said previously, greed is an incredible motivating factor in creating family discord; in this Orange County case, my client's mother disinherited him in her will (California Probate Code &#xc2&#xa788). However, she had also, years before, transferred her home into co-ownership with her three children (including my client). In this case, the form of co-ownership was as "joint tenants with right of survivorship" (California Civil Code &#xc2&#xa7683). The issue was whether the will would control who... Posted on November 30, 2007 at 10:43 am

Rank This Week: 1376

California Consumer Law Blog

California Consumer Law Blog covers topics such as lemon law, consumer protection, identity theft, and mandatory arbitration. By California Consumer Lemon Law Lawyers Makler & Baker.

http://www.californiaconsumerlawblog.com/

Nov 6
Lemon Law Arbitration Not Recomended

Here's a cautionary tale against using the California Arbitration Certification Program and not hiring an attorney who specializes in California Lemon law to deal with your defective vehicle: A potentially dangerous problem has been found with some 2007 Toyota Tacoma trucks, causing numerous truck owners to file complaints with the National Highway Traffic Safety Administration. All said their trucks suddenly accelerate or lurch forward while stopped. "If you are in severe traffic, your car... Posted on November 6, 2007 at 05:33 pm
Oct 31
Top 10 Consumer Scams

The Federal Trade Commission has released a statistical survey of fraud in the United States that shows that 30.2 million adults - 13.5 percent of the adult population - were victims of fraud during the year studied. More people - an estimated 4.8 million U.S. consumers - were victims of fraudulent weight-loss products than any of the other frauds covered by the survey. Fraudulent foreign lottery offers and buyers club memberships tied for second place in the survey. Lottery scams occur when... Posted on October 31, 2007 at 11:08 am
Oct 30
Consumer Organizations Support 'Right to Repair Act'

"Thanks to America's five major consumer organizations, which have dedicated their work to keeping consumers safer, competition alive and the environment clean, 'The Motor Vehicle Owners' Right to Repair Act' will have an additional boost for passage," stated David Parde, president, The Coalition for Auto Repair Equality (CARE). The letter of the consumer groups' endorsement, jointly signed by the Advocates for Highway and Auto Safety; Center for Auto Safety; Consumers for Auto Reliability and... Posted on October 30, 2007 at 01:04 pm

Rank This Week: 1391

California Estate and Business Law...

California Estate and Business Law Blog

Covers asset protection, estate planning, medi-cal planning, real estate, taxes, business entities and business succession. By Allison Consulting.

http://www.allisonconsulting.com/

Aug 29
The 7 Common Mistakes in Estate Planning

As Seen in Folsom El Dorado Hills Style Magazine Many very successful and intelligent people who care very much about their families have never established an estate plan (will or living trust), and many who have, have not designed their... Posted on August 29, 2007 at 03:40 pm
May 11
7 Questions You Must Ask the Estate Planning Attorney

The 7 Questions You Must Ask the Attorney Before You Spend a Dollar on Estate Planning 1. How Long Has the Attorney Been Doing Estate Planning? Don't settle for an inexperienced rookie. Attorneys agree it takes 10 years to gain... Posted on May 11, 2007 at 12:52 pm
May 9
Stay At Home Mom - $140,000 per year

NEW YORK - If the typical stay-at-home mother in the United States were paid for her work as a housekeeper, cook and psychologist among other roles, she would earn $138,095 a year, according to research released Wednesday. (from MSNBC) FOR... Posted on May 9, 2007 at 12:33 pm

Rank This Week: 1396

Phillip J. Griego & Associates...

Phillip J. Griego & Associates Employment Law Blog

California and Federal employment law information and updates from Phillip J. Griego & Associates.

http://griegolaw.blogspot.com

Jun 20
Our Blog Has Moved

The Weblog for Phillip J. Griego & Associates has moved to: [calemploymentlaw.wordpress.com] Please click on the above link for information regarding recent developments in employment law. Prior Articles can be reviewed at the new blog site. Thank you! Robert E. Nuddleman, Esq.Copyright &#xc2&#xa9 2007 Phillip J. Griego & Associates Posted on June 20, 2007 at 06:33 am by Robert Nuddleman, Esq.
May 25
How To Make Sure Your Independent Contractors Are Not Considered Employees

Several years ago Microsoft mistakenly classified employees as independent contractors. When a class action case ruled that these "independent contractors" were really employees, Microsoft had to issue millions of dollars in back stock options. Employers continue to mistakenly erroneously classify employees as independent contractors. This can result in significant liability and serious penalties as Air Couriers International (aka Sonic) found out when it received an EDD assessment exceeding... Posted on May 25, 2007 at 01:09 am by Robert Nuddleman, Esq.
Apr 16
Meal & Rest Break Penalties are Wages

After thorough arguments from both sides of the debate, the California Supreme Court issued its decision in Murphy v. Kenneth Cole Productions today. Many wage and hour practitioners were waiting patiently for the decision because it dealt with two key issues: Whether the "one additional hour of pay" provided for in Labor Code section 226.7 constitutes a wage or premium pay subject to a three-year statute of limitations (Code Civ. Proc., &#xc2&#xa7 338) or a penalty subject to a one-year statute of... Posted on April 16, 2007 at 05:11 am by Robert Nuddleman, Esq.

Rank This Week: 1400

California Estate Planning Lawyer

Covers estate planning, trusts, wills and asset protection with a focus on California law. Published by Scott Sagaria.

http://www.californiaestateplanninglawyerblog.com/

Mar 8
Estate Planning Following A Loved One’s Death

Losing a loved one is one of the most heartbreaking experiences that a person can go through in life. Even as a person is grieving over their loss, however, he or she may still have to make sure that decedent's estate is settled. In a perfect world, the surviving loved one(s) tasked with settling an estate, or working with an executor to settle an estate, will be knowledge about a number of matters: &#xc2&#xb7 Whether there is a will or a living trust &#xc2&#xb7 The names (and account numbers) of the... Posted on March 8, 2007 at 06:57 am by Scott Sagaria
Mar 7
Trial Continues In Case Involving Woman Whose Living Will Was Not Followed By Her Doctor And Nursing Home Staff

The granddaughter of Madeline Neumann, a 92-year-old woman who had specifically requested in her living will and advanced directive that she not be placed on life-prolonging devices at the end of her life, is suing one of her grandmother's doctors and the nursing home where Neumann had been living. There has already been a mistrial in this case. In her civil lawsuit, Linda Schieble is seeking unspecified damages from Dr. Jaimy Bensimon and the Morse Geriatric Center staff in a civil lawsuit in... Posted on March 7, 2007 at 01:54 pm by Scott Sagaria
Mar 2
California Court Says Crime Victim Is Not Allowed To Receive Restitution From Attacker’s Trust

A California Appeals Court says that it cannot order a trustee to pay restitution to a victim of a violent crime that was committed by a beneficiary of the trust-if a trust's terms give the trustee discretion over whether to pay the trustee and the trustee hasn't made any payments. Division One was affirming an earlier ruling by a Los Angeles Superior Court judge, who said that he didn't have the authority to order the trustee to use trust funds to pay Richard Young's restitution. Richard Young... Posted on March 2, 2007 at 12:31 pm by Scott Sagaria

Rank This Week: 1407

Sacramento Car Accident Lawyer...

Sacramento Car Accident Lawyer Blog

The Sacramento Car Accident Lawyer Blog covers topics such as legal issues surrounding car accidents, motorcycle accidents, and truck accidents. Written by Sacramento, California Injury Lawyer, Moseley Collins.

http://www.sacramentocaraccidentlawyerblog.com/

Nov 21
Sacramento Car Collision Victim Suffered Multiple Injuries, Part 10 of 14

The following blog entry is written from a defendant's position after a jury trial verdict for plaintiff. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in a personal injury case present such issues to the court. (Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this auto accident/personal injury case and its proceedings.) In Randolph v. Budget Rent-A-Car (C.D.... Posted on November 21, 2009 at 07:34 am by Moseley Collins
Nov 18
Sacramento Auto Collision Victim Catastrophically Injured, Part 9 of 14

The following blog entry is written from a defendant's position after a jury trial verdict for plaintiff. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in a personal injury case present such issues to the court. (Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this auto accident/personal injury case and its proceedings.) It is true, of course, that every case... Posted on November 18, 2009 at 07:13 am by Moseley Collins
Nov 15
Jury In Sacramento Car Accident Case Compensates Victim, Part 8 of 14

The following blog entry is written from a defendant's position after a jury trial verdict for plaintiff. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in a personal injury case present such issues to the court. (Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this auto accident/personal injury case and its proceedings.) The Jury's $5.4 Million Non-Economic... Posted on November 15, 2009 at 07:06 am by Moseley Collins

Rank This Week: 1427

California Stem Cell Report

Covers public policy and business issues involving he California Institute for Regenerative Medicine.

http://californiastemcellreport.blogspot.com/

Nov 20
ACT Seeks hESC Clinical Trial

Advanced Cell Technology has become the second U.S. company to seek permission to begin clinical trials for a therapy based on human embryonic stem cells.The Santa Monica, Ca., firm said yesterday that it has applied to the FDA to start trials aimed at reversing vision loss with retinal cells created from the stem cells.The firm, which has labs in Massachusetts, is only the second business to Posted on November 20, 2009 at 08:07 am by California Stem Cell Report
Nov 19
Scripps' Loring Teams with International Stem Cell Corp.

The Scripps Research Institute and scientist Jeanne Loring are collaborating with International Stem Cell Corp. of Oceanside, Ca., to study parthenogenic stem cells and their potential therapeutic use, it was announced today.In a news release from the company, Loring, director of the Center for Regenerative Medicine at Scripps, said, ""Parthenogenetic cell lines are uniquely valuable for our Posted on November 19, 2009 at 10:51 am by California Stem Cell Report
Nov 18
Biotech Firms: The Undead of Capitalism?

The Wall Street Journal today did not describe biotech companies as zombies but it might as well have.That, despite an increasingly brighter financial picture for the biotech business.All this was contained in a piece by Brett Arends. He said the good news - the brighter picture - is the bad news. He wrote that the biotech industry, which includes stem cells, is "incredibly popular with many Posted on November 18, 2009 at 01:16 pm by California Stem Cell Report

Rank This Week: 1436

California Brain Injury Lawyer...

California Brain Injury Lawyer Blog

The California Brain Injury Lawyer Blog covers topics such as Medical Malpractice, Sports-Related Brain Injuries, Traumatic Brain Injury, Birth Injury, as well as Brain Injury Causes and Symptoms. By Sacramento Lawyer Moseley Collins.

http://www.californiabraininjurylawyerblog.com/

Nov 19
Sacramento Family Dealing With Son's Brain Injury After Car Accident, Part 6 of 7

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/personal injury case and its proceedings.) DAMAGES As discussed above, Paul Martin suffered severe personal injuries as a result of the collision. Paul suffered a severe skull fracture, brain hemorrhage, collapsed lung, fractured pelvis, multiple fractured ribs, liver laceration, and spleen contusion and laceration. Paul nearly died on the scene after he... Posted on November 19, 2009 at 07:02 am by Moseley Collins
Nov 10
Negligent Truck Driver Leaves Sacramento Teen With Brain Injury, Part 5 of 7

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/personal injury case and its proceedings.) The investigation performed by the Gas Company's experts confirmed that the speed of Mr. Brown's Ford F-150 was 50.7 to 60.3 miles per hour. This report, prepared by Dr. Kevin Fish of the Institute of Risk and Safety Analyses, further states "We found no evidence that the traffic signals were not properly... Posted on November 10, 2009 at 07:55 am by Moseley Collins
Nov 4
Sacramento Student Faces Long Recovery After Car Accident Causes Brain Injury, Part 4 of 7

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/personal injury case and its proceedings.) LIABILITY BROWN CAUSED THE COLLISION BY DRIVING THROUGH A SOLID RED LIGHT IN VIOLATION OF VEHICLE CODE &#xc2&#xa7 21453(a). This is a case of clear liability on the part of Defendant Brown and his employer California Gas Company. The California Highway Patrol confirmed Brown caused the collision, and violated section... Posted on November 4, 2009 at 07:46 am by Moseley Collins

Rank This Week: 1446

San Diego Estate Planning Lawyer...

San Diego Estate Planning Lawyer Blog

Covers estate planning topics such as conservatorship, guardianship, health care and advanced directive, living trusts, and probate. By San Diego, California Estate Planning Attorneys, Pinkerton, Doppelt & Associates.

http://www.sandiegoestateplanninglawyerblog.com/

Nov 17
Executors, Administrators, and Trustees Accountable to Beneficiaries

In addition to handling probate, trust administration, and preparation of all types of trusts, we often get inquiries from heirs and beneficiaries with concerns about the way an executor, administrator, or trustee is administering an estate in San Diego. Sometimes beneficiaries cannot get an accounting of the trust assets. Sometimes they have issues with the distribution of assets. In some cases, they may have suspicions that the individual handling the estate is self-dealing or guilty of... Posted on November 17, 2009 at 08:48 am by Roy M. Doppelt
Nov 12
The Poor Economy May Be Reason to Amend Your Estate Plan

With the recent downturn in the economy, San Diego has been one of the hardest hit with declining property values and unemployment. According to the Feds, the states in a full recession are California, Florida, Arizona, and Nevada. California has reached 11%unemployment and San Diego is in the top five cities for decline in property values. Because of these factors, San Diegans may need to review their estate plan and possibly amend their will or trust. Suppose your trust leaves a cash bequest... Posted on November 12, 2009 at 09:59 am by Roy M. Doppelt
Nov 8
Can You Disinherit Your Spouse?

Previous posts have discussed how to disinherit your heirs such as a child, sibling, or parent. But what if you want to disinherit your spouse? Some people may want to disinherit their spouse because they have already provided for him or her elsewhere in their estate plan. Another reason for disinheriting a spouse may be because the spouse has his or her own assets. As an example, suppose a couple marry later in life and each have children from a previous marriage. Neither needs the assets of... Posted on November 8, 2009 at 11:28 am by Roy M. Doppelt

Rank This Week: 1455

HOA Law Blog

News, editorial comment and legal information of interest to California community associations and those that manage and service them. By Southern California HOA lawyers Swedelson & Gottlieb.

http://www.hoalawblog.com/

Nov 5
What Makes a Rule Reasonable or Unreasonable?

We are often asked by Boards about what is a reasonable rule. The answer is that I know it when I see it. We prepared an article that addresses this very issue. Click here for that article, "What Makes a Rule Reasonable or Unreasonable? I Know It When I See It!" By David C. Swedelson, Senior Partner of Swedelson & Gottlieb. Posted on November 5, 2009 at 03:49 pm by David C. Swedelson
Nov 5
No, You Cannot Adopt a Rule that is More Restrictive than the Provisions of the Association’s CC&Rs

Knowingly or unknowingly, sometimes boards adopt rules which are in conflict or more restrictive than the association's CC&Rs. For example, they make specific rules regarding prohibitions on the installation of washing machines when the CC&Rs are silent on the matter. Boards sometimes prohibit hard surface flooring when this is likewise not covered by their association's CC&Rs. We sometimes see rules that limit the number of or size of animals that homeowners are able to maintain... Posted on November 5, 2009 at 09:26 am by David C. Swedelson
Nov 4
Swedelson & Gottlieb’s Sandra Gottlieb Elected to Board of Channel Islands Chapter of Community Associations Institute; Will Serve as the Chapter's President-Elect

Swedelson & Gottlieb is proud to announce that our firm's senior and managing partner Sandra Gottlieb has been elected to the Board of Directors of the Channel Islands Chapter of Community Associations Institute (CAI). She will serve as President-Elect in 2010 and as the Chapter's President in 2011. Sandra looks forward to leading the Chapter to continued success and furthering our firm's committment to supporting California's community associations and all that serve and work with them.... Posted on November 4, 2009 at 12:06 pm by David C. Swedelson

Rank This Week: 1483

I Fought the Law

A Bay Area lawyer blogs about his life as a Bay Area lawyer.

http://ifoughtthelaw.cementhorizon.com/

Nov 4
Lo! A Scoundrel

I whipped up this comic strip in the context of a Facebook discussion about Hark! A Vagrant, a web... Posted on November 4, 2009 at 02:45 pm by hb
Nov 2
Conversations With My Wife: The Cumulative Effects of Being a Parent, BigLaw Associate, and Generally Uninteresting Person

Me: I got a Borders gift card for my birthday. Are there any books you want to buy for... Posted on November 2, 2009 at 09:13 am by hb
Sep 23
Excruciating Originality

Yes, this is the first comic strip I've drawn in over thirty months. And yes, it is inspired by... Posted on September 23, 2009 at 07:48 pm by hb

Rank This Week: 1486

Hotel Law Blog

Covers condo hotels, finance, land use, management agreements, and outlooks and trends. Published by Jim Butler of Jeffer Mangels Butler & Marmaro LLP.

http://hotellaw.jmbm.com/

Nov 3
Occupancy tax update on internet hotel booking: More lawsuits against Expedia and online travel companies (OTCs) over "lost" bed taxes -- Why hotels should care about the transient occupancy tax (TOT) battle

By Jim Butler and Jim Abrams | JMBM's Global Hospitality Group&#xc2&#xae Hotel Lawyers | Authors of www.HotelLawBlog.com 3 November 2009 Hotel Lawyer: The transient occupancy tax litigation by cities and local governments continues to mushroom. On November 3, Florida filed one of the first lawsuits against Expedia and Orbitz for lost bed taxes, but using the Florida Deceptive and Unfair Trade Practices Act. Although October was a big month in the OTC battles, November may be even bigger. Today, we are... Posted on November 3, 2009 at 09:04 pm
Nov 1
Hotel Occupancy Tax Alert: online travel company suits over transient occupancy taxes raise - 5 things every hotel owner and operator needs to

/**/ By Jim Butler and Jim Abrams | JMBM's Global Hospitality Group&#xc2&#xae Hotel Lawyers | Authors of www.HotelLawBlog.com 1 November 2009 How Expedia, Orbitz, Travelocity and other online travel companies (OTCs) create huge headaches for owners and operators on their suits over hotel occupancy taxes. Billions of dollars of hotel rooms have been sold through the online travel companies or OTCs. Generally speaking, no transient occupancy taxes (TOT) or bed taxes, have been paid on the portion of... Posted on November 1, 2009 at 05:00 pm
Oct 1
Hotel Lawyer: Distressed hotel investments -- Maximizing the value for Lenders, Borrowers and Investors

/**/ By Jim Butler and the Global Hospitality Group&#xc2&#xae Hotel Lawyers | Authors of www.HotelLawBlog.com 01 October 2009 This is one of many articles on the subject of "troubled hotel loans - workouts, bankruptcies & receiverships" in the rich library at www.HotelLawBlog.com. Our national hotel practice focuses on being the legal and business advisors for lenders, borrowers and investors. With the hotel industry suffering a record-breaking collapse of revenues and no immediate relief in sight,... Posted on October 1, 2009 at 06:01 pm

Rank This Week: 1490

California Election Law

Providing legal resources and election news to California election officials and the attorneys who represent them. By Randy Riddle.

http://www.calelectionlaw.com/

Nov 1
Cal Chief Justice: Initiatives make California dysfunctional

From Chief Justice George's op-ed in the Chronicle: "The Legislature (by a two-thirds vote of each house) shares the power to place proposed amendments before the electorate. California, however, is unique among American jurisdictions in prohibiting its Legislature, without express voter approval, from amending or repealing even a statutory measure enacted by the voters unless the initiative itself specifically confers this power. Thus it is considerably easier to amend the California... Posted on November 1, 2009 at 10:22 am by Randy Riddle
Feb 22
California Considers Decertifying Premier (formerly Diebold) Software

"California Secretary of State Debra Bowen is considering withdrawing the state's approval of the flawed Premier Elections Solutions software that resulted in almost 200 ballots disappearing from Humboldt County's final November election results. Bowen's office announced that it will hold a public hearing March 17 at her Sacramento office to discuss the findings of its investigation into the problem, and to take public comment on the possible withdrawal of the state's approval of the voting... Posted on February 22, 2009 at 07:50 am by Randy Riddle
Sep 9
"Prison guards move to recall Schwarzenegger"

Here is the Chronicle story. Posted on September 9, 2008 at 04:48 pm by Randy Riddle

Rank This Week: 1493

San Francisco Mediation: A Better...

San Francisco Mediation: A Better Solution

Explores mediation as a better solution for resolving any type of dispute. By Paula M. Lawhon.

http://sfmediation.blogspot.com/index.html

Oct 26
Mediators With "Issues"

I was recently asked how mediators are able to keep their own "issues" out of the mediation and my answer is that I don't think they can. If a mediator is impatient or demanding or self-absorbed, how would that not come through and influence the mediation process? On the other hand, if a mediator is naturally a good and patient listener who is intuitive and can easily sympathize with many Posted on October 26, 2009 at 05:52 am by Paula M. Lawhon
Oct 19
"Divorce is no longer one size fits all"

The San Diego News Network is featuring a Family Law blog series sponsored by San Diego family lawyer Garrison "Bud" Klueck which includes in Part I of the series:"A good way to remember the various options that divorcing couples have is summarized in a little poem:Litigation, mediation or collaborative law,Divorce is no longer, one size fits all."Part II of the series discusses various models of Posted on October 19, 2009 at 05:28 am by Paula M. Lawhon
Sep 22
Divorce Mediation Interview on the Rob Black Show

I had the pleasure of being invited to join the Rob Black radio show this morning on www.talk910.com to discuss divorce mediation. Rob has a great radio show on money, finances and investments and also has a daily show on Kron TV.Here is a link to the podcast so you can hear the show: Link.Or go to the website and select "Listen" to today's podcast.Here's more information about Rob's shows so you Posted on September 22, 2009 at 11:26 am by Paula M. Lawhon

Rank This Week: 1501

California Estate Planning Blog

Discusses estate planning and administration issues with a California law focus. By Greg Broiles.

http://estateplanblog.com

Sep 28
Want to pick up your file?

From time to time, our office receives a call from someone who has been a client (or was a client of one of the two firms whose files I've taken over) who wants to see a different attorney. Sometimes this is because they live too far away to easily travel to my office, or because they're moving to another state and need help from an attorney in that state .. or maybe there's an estate planning attorney in the extended family now, and they want to use that person instead. digital fingerprint:... Posted on September 28, 2009 at 10:00 am by gbroiles
Sep 15
Free consultations, Part 2

There are two other, slightly more cynical, reasons I don't do free consultations. digital fingerprint: lupine ergonomically transcriptify The first is that there are some people in the world who have a lot of time on their hands, and as a result think their time isn't valuable. These people also seem to think that my time isn't valuable, either, and that it's a good idea for us to spend a few hours talking about the vague possibility that at some point in the future they might potentially... Posted on September 15, 2009 at 09:00 am by gbroiles
Sep 14
There’s no such thing as a free consultation.

One relatively common question our receptionist gets on the phone is "Can I have a free consultation?" Our firm policy is that we do not do free consultations. digital fingerprint: lupine ergonomically transcriptify I understand that people don't necessarily know what they want or need before they learn more about estate planning that people may want to get to know me before they commit to spending money to talk to me. We do offer estate planning seminars in our onsite classroom where... Posted on September 14, 2009 at 09:00 am by gbroiles

Rank This Week: 1511

California Business Bankruptcy...

California Business Bankruptcy Blog

Covers bankruptcy and restructuring issues concerning businesses and family farms in California. By Klein, DeNatale, Goldner, Cooper, Rosenlieb & Kimball, LLP.

http://www.californiabusinessbankruptcyblog.com/

Jul 15
Agriprocessors: From Immigration Raid to Liquidation of Assets

While the state of the economy has forced a number of firms into bankruptcy, the collateral damage from a government raid can be just as devastating to the financial health of a business. You may remember the immigration raid of the Agriprocessors slaughterhouse in Potsville, Iowa, on May 12, 2008, which lead to the arrests of its owners. Agriprocessors soon after entered Chapter 11 bankruptcy on November 5, 2008. Now, as discussed on the Agri News web site, there is a bid by unknown... Posted on July 15, 2009 at 10:44 am
Jul 15
GM Exits Bankruptcy in 42 Days? Really?

With all of the newspapers and the internet proclaiming that General Motors is exiting bankruptcy after a mere 40 days in bankruptcy, some people have asked how that can happen when all of the bankruptcies that most of us have been involved in or observed have lasted a year or more. The answer is you can't always believe what you read. At about the time of the bankruptcy filing, a new entity was created, called "Vehicle Acquisition Holdings, LLC." That entity then went into bankruptcy court,... Posted on July 15, 2009 at 10:34 am
Jul 10
GM Emerges from Chapter 11, But Has Some Work To Do

It has been nearly two months since my last post and a lot has happened in the bankruptcy world. Personally, I have been up to my eyeballs in work, primarily with an unprecedented increase in Chapter 11 filings. The partners cannot remember a time when the firm has handled so many Chapter 11 cases simultaneously. The good news is that, although filings are up, a good portion of these filings are ending with a reorganized debtor rather than a conversion to Chapter 7. Speaking of reorganization,... Posted on July 10, 2009 at 10:49 am

Rank This Week: 1528

California Appellate Law Blog

News and insight about appellate law. Published by Archer Norris, a professional law corporation.

http://www.caappellatelaw.com/

Apr 30
A Demand for Private Contractual Arbitration Does Not Arise from Protected Activity Subject to Anti-SLAPP Motion

On April 17, 2009, the California Court of Appeal for the Fourth Appellate District, Division Three, issued its opinion in Century 21 Chamberlain & Associates v. Haberman, 09 C.D.O.S. 4609. Century 21 filed an action against Haberman and Pacific West Association of Realtors (PWAR), arising from the sale of Haberman's house. Century 21 asserted two causes of action: (1) account stated, arising from Haberman's failure to pay on a loan secured by a deed of trust; and (2) declaratory relief,... Posted on April 30, 2009 at 09:00 am
Apr 27
Trial Court Has No Authority to Sanction Non-Party Insurer

The Court of Appeal for the Second Appellate District, Division Seven, issued an interesting decision this week regarding the importance of insurance adjusters attending mandatory settlement conferences and other court-ordered alternative dispute resolution dates. Vidrio v. Hernandez 09 C.D.O.S. 4465 concerned a personal injury action by Vidrio against Hernandez (insured by Mercury) arising out of an automobile accident. The matter was mediated without resolution, and Hernandez's counsel... Posted on April 27, 2009 at 09:00 am
Apr 21
Attorney-Client Privilege Rulings to Become Appealable Collateral Orders?

In a recent article in The National Law Journal (reprinted in The Recorder on April 20, 2009), Michael P. Shea discussed the merits of permitting appellate review of orders denying claims of attorney-client privilege as immediately appealable collateral orders. Mr. Shea makes a compelling case for this change, noting that certain federal courts already permit it; alternative remedies are ineffective (or worse); and no onslaught of appeals should result from a the change. Read more here. Posted on April 21, 2009 at 01:39 pm

Rank This Week: 1537

Los Angeles Injury Lawyer Blog

Features commentary on personal injury, car accidents, insurance, and medical malpractice. By Rice and Bloomfield.

http://www.losangelesinjurylawyerblog.com/

Apr 21
How Much Insurance Do You Need If You Are in a Car Accident in Los Angeles? Basic Liability Coverage

As car accident lawyers located in Woodland Hills, we review our client's auto insurance policies all the time. By the time we do so, it is because someone has been in a car accident and has been injured. As personal injury lawyers handling auto accidents in the San Fernando Valley, we are here to make sure our clients are properly compensated for the injuries that were caused by the accident. Unfortunately, at that point, it is too late to talk about what insurance they should have had. One of... Posted on April 21, 2009 at 09:48 am
Mar 29
Significant Risk of Elder Abuse in Los Angeles

The San Fernando Valley's elderly population is in serious danger. Of the 419 nursing homes in Los Angeles, only 17 facilities were in full compliance with federal safety standards. Many nursing homes violate standards that create a real risk of injury or death to their patients. Seventy-six percent did not provide adequate staffing for the dependent adults in their care. This has resulted in medication errors, life-threatening bed sores, and failure to timely treat medical conditions at an... Posted on March 29, 2009 at 10:43 am
Mar 25
San Fernando Valley Motorists Are Prohibited from Using a Cell Phone While Driving

Driving in Los Angeles while holding a cell phone is a bad idea. Holding a cell phone to your head not only affects your concentration, but also restricts your ability to check your blind spots and turn the wheel. It is no surprise that there is a correlation between holding a cell phone while driving and auto accidents. Last July, a new law came into effect which prohibits talking on a cell phone while holding it. It is worth commenting on this new law because as I drive around the streets I... Posted on March 25, 2009 at 06:40 pm

Rank This Week: 1538

California Medical Malpractice Law...

California Medical Malpractice Law Blog

Covers birth injuries, brain injuries and medical malpractice settlements and verdicts. By Bostwick & Associates.

http://www.californiamedicalmalpracticelawblog.com/

Oct 10
The role of lovenox in preventing stroke in post-operative patients

To this day, many front line physicians do not know of the long-standing guidelines setting forth that some patients at risk for stroke who are chronically anticoagulated with coumadin should receive lovenox as a bridging therapy to prevent a recurrent thromboembolism. As such, many patients suffer devastating strokes as a result. Some of these people, unfortunately end up as plaintiffs in medical malpractice cases. Hopefully the stories of these unfortunate vicitms of malpractice will serve to... Posted on October 10, 2008 at 08:42 pm by Bostwick & Associates
Aug 1
The Role Of The Life Care Plan In Birth Injury Cases

One of the most critical aspects of a birth injury lawsuit involves the estimation of the brain injured child's future care needs. The life care plan is a tool that's assembled by a physician, nurse and economist along with your attorney that specifically identifies all of the future care needs of the injured child. The life care plan includes an opinion regarding the child's attendant care needs eg: how many hours per day and whether an RN, LVN or medical assisant is necessary; estimations of... Posted on August 1, 2008 at 09:28 pm by Bostwick & Associates
Aug 1
The Role Of Special Needs Trusts In Birth Injury Cases

A settlement involving a birth injured child must be approved by a judge. The process is known as a minor's compromise. The purpose of a minor's compromise is to assure the court that the settlement proceeds will not be mismanaged to the detriment of the child. A common method of preserving a minor's assets is to allocate a significant portion of the settlement to the purchase of an annuity (See: July 29, 2008 Blog Entry) and to direct the monthly annuity payments into a special needs trust. A... Posted on August 1, 2008 at 12:42 am by Bostwick & Associates

Rank This Week: 1560

The SCMA Blog

By Southern California Mediation Association.

http://socalmediation.blogspot.com/index.html

Aug 5
Mediation Blogging at its Finest at Blawg Review # 171

In this week's Blawg Review, the IP ADR Blog covers the best ADR posts of the week. Because virginity is this week's Blawg Review theme, Elizabeth the First -- who brought the world Shakespeare and England an unprecedented reign of peace -- heads up the ADR posts below. In honor of Elizabeth, I give you posts from my own ADR blog posse this week. First, we honor the newest member, Nancy Hudgins of Civil Negotiation and Mediation who has proven her bargaining cajones by negotiating the price of... Posted on August 5, 2008 at 05:03 pm
Mar 25
Conflict Revolution, Mediating Evil, War, Injustice and Terrorism or How Mediators Can Save the Planet by MBB Founder and President Ken Cloke

YES YOU CAN PRE-ORDER THIS BOOK NOW RIGHT HERE! To read review, click on upper right hand corner and then on "view full screen" on the drop-down menu! Book Review of Conflict Revolution; Mediating Evil, War, Injustice and Terrorism: How Mediators Can Help Save the Planet by Kenneth Cloke reviewed by Victoria Pynchon - Get more free documents Posted on March 25, 2008 at 12:58 pm
Mar 4
Bad Faith Verdict against Mercury Insurance

For those who do a lot of pro bono work for Mercury (we don't pay no stinkin' mediators) Insurance Company, the following report might be of interest. A Los Angeles Superior Court jury has returned a special verdict of fraud and breach of the implied covenant of good faith and fair dealing against Mercury Casualty Co. and awarded compensatory damages of $170,000 and punitive damages of $3 million. At trial, Jo Anna Moore, Mercury's senior vice-president of claims, testified that her company had... Posted on March 4, 2008 at 08:57 am

Rank This Week: 1568

California Property Rights Journal...

California Property Rights Journal

Focuses on property rights, land use and regulation in the Golden State. By Hart, King & Coldren.

http://www.capropertyrights.com/

Jul 30
Global Warming As the New Anti-Growth Tool

The environmental movement has been hijacked by anti-growth, anti-business and really anti-free market radicals, who oppose the very idea of individual property rights and view private business as the enemy. These causes are also hijacked by "NIMBY's" who have no true environmental concern, but oppose a project they don't want in their area. For them, the environmental cause of the day is just a tool. Global warming is a perfect tool for these activists because one can argue that almost any new... Posted on July 30, 2008 at 05:30 pm
Jul 3
How about some Madison with your hot dog on July 4th?

James Madison was a principal author of the United States Constitution. He was also a great proponent of property rights. Thus, it is particularly sad and ironic that property rights seem to have received short shrift for reasons of political expendiency. Indeed, this was a fear of Madison. I thought the Fourth of July was a good time to remind people of Madison's wisdom on property rights and the role of government: "Where an excess of power prevails, property of no sort is duly respected. No... Posted on July 3, 2008 at 05:33 pm
Jun 17
Eminent Domain, Elections, California's Most Recent Experience

Property Rights attorney Bill Dahlin offers his post-mortem on Prop. 98: On June 3, 2008, California's mid-year election process took place. The early June date, which had historically been utilized as a primary for presidential candidate voting, was changed as of this year so that California's presidential primary could be held in February, 2008. Thus, the June 2008 elections concerned only local races, and several statewide propositions. The primary battleground for this year's statewide... Posted on June 17, 2008 at 05:14 pm

Rank This Week: 1570

Autolaw

Covers issues and legal challenges facing California auto dealers. By Chris Bruni.

http://autolaw.typepad.com/autolaw/

Jun 25
What If?

It seems that the $5 gallon of gas is almost here. Hey, wait a minute it is here. And with it sit huge inventories of 15 mpg SUVs on most dealership lots. While Nissan is cranking out hybrid vehicles, Detroit is trying to figure out how to move its product and get back in the game. How did they miss the boat, er, the hybrid vehicle? I came across an interesting article recently that attempts to explain Detroit's misfire. The gist of this Harvard Business Review blog is that "cognitive biases"... Posted on June 25, 2008 at 05:31 am by Chris Bruni
May 31
Green is Red (Hot)

Could "Green" get any hotter? With gas at $4 bucks a gallon (if you can find it) going green has never held wider appeal in the auto industry. Today I was driving through Berkeley and I passed an independent dealership called "Green Motors". OK, I know, it was Berkeley for crying out loud. But "going green" has gone mainstream as well. Ford has announced that in addition to marketing a sedan version of that venerable gas sipper the "Fiesta", it will now be producing a hatchback version. A... Posted on May 31, 2008 at 08:50 pm by Chris Bruni
Jan 21
Boardroom vs. Showroom

In today's Autoblog, there is Part Two of a story about General Motors' effort to shrink its dealer network. Rather than the current 14,000-plus dealerships in the United States, GM wants to establish mega-delaerships in major markets, with all the GM brands together, and service located elsewhere. Why? Well, the math doesn't work. As Autoblog put it in Part One of this story yesterday, Chevrolet has 4,000 dealerships. Toyota, to sell the same amount of cars, has just 1,244 dealers. Put another... Posted on January 21, 2008 at 02:54 pm by Chris Bruni

Rank This Week: 1573

Northern California Injury Lawyer...

Northern California Injury Lawyer Blog

Northern California Injury Lawyer Blog covers topics such as auto & car accidents, dangerous road conditions, truck accidents, and wrongful deaths. By California attorneys, Gillin Jacobson Ellis Larsen.

http://www.northerncaliforniainjurylawyerblog.com/

Nov 15
San Jose: Identity of 84 year old woman killed while crossing street released

An 84 year old woman from San Jose who was killed in a San Jose Pedestrian Accident when she was struck by a car was identified to be Victoria Barbero according to a CBS5.com news wire story. Investigators believe she was crossing Canoas Garden Avenue in an unmarked crosswalk when she was struck by a 99 Ford Taurus. The accident was reported at 6:35am and Barbero was pronounced dead at 10:20am according to the Santa Clara County Medical Examiner. At the time of the published report, authorities... Posted on November 15, 2007 at 11:22 am by Gillin Jacobson Ellis Larsen
Nov 11
Accused speeder to cops: My GPS proves your radar gun is wrong

A 17 year-old driver from Windsor, California is fighting his speeding ticket in an unusual manner. He is using the data recorded from the GPS unit his parents installed in his car to track his speed and location to prove his innocence, according to an AP Report. The boy, named Shaun Malone, is the stepson of retired deputy Roger Rude who insisted on the installation of the GPS device for his lead-footed son. The ex deputy who spent 31 years with law enforcement is also insisting that his son... Posted on November 11, 2007 at 11:22 am by Gillin Jacobson Ellis Larsen
Nov 8
Man dies after train rammed truck that stopped on tracks

A Chowchilla man was fatally struck by an Altamont Commuter Express train when he stopped his truck on the railroad tracks, according to a report published on insidebayarea.com. The 50 year old driver was declared dead at the scene of the California train accident. There were no other passengers in the truck other than a dog, which also died. California Highway Patrol Spokesman Bob Rickman explained that the driver "went through the cross arm" when it was down and bent it back. For an unknown... Posted on November 8, 2007 at 11:22 am by Gillin Jacobson Ellis Larsen

Rank This Week: 1603

Bankruptcy Beach

Covers bankruptcy from a creditor's point of view, focusing on developments in California and the Ninth Circuit. By Dean T. Kirby, Jr.

http://www.bankruptcybeach.com/

Oct 29
Concealed Assets and Exemptions

In a post last week, I reported on the 9th Circuit BAP's recent decision, In re Onubah, 2007 WL 2701336 (Bankr. App. 9th Cir. August 31, 2007), which surcharged the Debtor's allowed homestead and household goods exemptions in the amount of the attorney fees and other costs incurred by the trustee as a result of the Debtor's legal and extra-legal obstruction of the sale of his home. In the Onubah opinion, the Court tries to explain why the result, which amounts in part to an award of the... Posted on October 29, 2007 at 12:26 pm by Dean T. Kirby, Jr.
Oct 23
Debtors: On Vacating the Premises, Take Your Goo With You!

A landlord has successfully circumvented the "cap" on lease rejection damages imposed under Bankruptcy Code section 502(b)(6). In deciding a case with highly unusual (and sympathetic) facts, Ninth Circuit Judge Alex Kozinski has made some broad statements that will henceforth encourage landlords to structure their claims, and their leases, to try to "beat the cap." The case is In re El Toro Materials Company, 2007 WL 2822019 (9th Cir., October 1, 2007). You've got to love these facts: The... Posted on October 23, 2007 at 03:03 am by Dean T. Kirby, Jr.
Oct 21
Trustees Can Take Hostages! – They’re Called “Exemptions”

A few weeks ago the Bankruptcy Appellate Panel for the Ninth Circuit issued a decision which all chapter 7 trustees should welcome. The BAP upheld the decision of Bankruptcy Judge Kathleen Thompson, of the Central District of California, surcharging the Debtor's homestead and household goods exemptions in the amount of the attorney fees and other costs incurred by the Trustee as a result of the Debtor's refusal to vacate the home and related legal shennanigans aimed at frustrating the sale. In... Posted on October 21, 2007 at 03:47 am by Dean T. Kirby, Jr.

Rank This Week: 1606

California Asbestos Law Blog

Covers asbestos diseases, occupations and products, as well as mesothelioma treatment options. By Vieira Trial Law.

http://asbestos.vieiratriallaw.com/

Jul 4
Q&A: Latest Treatments for Mesothelioma

Researchers are studying whether chemotherapy before surgery and radiation can deter tumor recurrence in patients with mesothelioma, a rare cancer of the lining of the chest caused by asbestos exposure. Posted on July 4, 2006 at 07:08 pm by Tony Vieira
Jul 4
Q&A: Latest Treatments for Mesothelioma

Researchers are studying whether chemotherapy before surgery and radiation can deter tumor recurrence in patients with mesothelioma, a rare cancer of the lining of the chest caused by asbestos exposure. Posted on July 4, 2006 at 07:08 pm by Tony Vieira
Jun 29
Mesothelioma Treatment Options II

Treatment Options for Malignant Mesothelioma Localized Malignant Mesothelioma (Stage I) If the malignant mesothelioma is in one part of the chest lining, treatment will probably be surgery to remove the part of the chest lining with cancer and some of... Posted on June 29, 2006 at 05:15 pm by Tony Vieira

Rank This Week: 1671

San Francisco Employment Law Firm...

San Francisco Employment Law Firm Blawg

Covers workplace discrimination, sexual harassment and wrongful termination. By Arkady Itkin.

http://www.sanfranciscoemploymentlawfirm.com/sanfrancisco-employment-lawyer/

Nov 22
California Wage Laws: Compensation for Travel / Commute Time

You are a consultant who travels from one work site to another serving the needs of your employer's customers, or you are a support service provider for one of your company's products and your travel all day from one office to another to repair or provide other on-site services. Are you entitled for compensation for the time you commute from one job site to another? The answer is yes. The Industrial Welfare Commission Orders specifically define the term "hours worked" as the time during which... Posted on November 22, 2009 at 10:43 pm by Arkady Itkin
Nov 11
Proving Workplae Retalation in California

Retaliation against employees for exercising their rights or complaining about unlawful conduct of their employer is common. However, proving retaliation presents unique challenges, as employers almost never simply admit that they retaliated against an employee. One California court discusses and provides excellent guidance on proving retaliation in California Fair Employment & Housing Commission v. Gemini Aluminum Corp. 122 Cal.App.4th 1094 (2004). In that case, the court noted that to... Posted on November 11, 2009 at 10:19 am by Arkady Itkin
Nov 3
Terminating One Employee and Keeping the Other

Terminating an employee can be a difficult and even devastating experience to the terminated worker, but it's also not an easy decision for the manager / employer charged with the duty of retaining and discharging employees. It's not uncommon for an employee termination to seem unfounded or irrational. For example, an employer might decide to discharge a more senior employee or a good performer while retaining another worker who has performance issues or even many unexcused absences because the... Posted on November 3, 2009 at 08:34 pm by Arkady Itkin

Rank This Week: 1695

3D Internet Law Blog

Covers intellectual property and contracts in virtual worlds and multiuser online games. By Stephen Wu.

http://www.3dinternetlaw.com/index.html

Nov 22
Controversy About Marketing Practices

On my Facebook page, I recently wrote about a New York Times article on the booming market for virtual goods, but now others have written that game companies are using unsavory methods for obtaining sales leads. Now the lead generation practices have triggered a lawsuit in the Northern District of California. Posted on November 22, 2009 at 10:41 pm by Stephen Wu
Nov 16
SL Bar Association Holds Mini-Conference on "Practicing Law in a Virtual World"

On Saturday, November 14, 2009, the SL Bar Association held a mini-conference entitled "Practicing Law in a Virtual World" hosted by the University of Florida's Fredric G. Levin College of Law on Gator Island in the Second Life&#xc2&#xae virtual world The speakers included leaders within the SL Bar Association. The purpose of the confefrence was to introduce both practice issues and substantivie issues of practicing law in a virtual world, in the context of discussing career paths for law students. For... Posted on November 16, 2009 at 07:22 am by Stephen Wu
Nov 10
Playfish to be Acquired by Electronic Arts

Electronic Arts announced that it will acquire Playfish, which has been pursuing a suit against San Antonio-based hosting company Rackspace Hosting, Inc. and GosuMall Digital Entertainment, a Singapore company. Playfish alleges that GosuMall is selling in-game items in an alleged violation of the Playfish terms of service, and that Rackspace is liable as well for hosting the GosuMall website at which it is selling the products. Posted on November 10, 2009 at 01:31 pm by Stephen Wu

Rank This Week: 1697

Orange County DUI Lawyer Blog

Covers California DUI news and legal developments. By William Weinberg.

http://www.orangecountyduilawyerblog.com/

Nov 22
News Anchor Don Cannon Arrested for DUI in California

Donald Clark, a former Pittsburgh news anchor who worked under the name Don Cannon, was arrested this week for failing to report for sentence for two prior DUI convictions from 2007. Clark had pleaded guilty to both DUI charges and was supposed to report to jail in October to serve his time. He failed to appear though, and two bench warrants were issued. Police found his address through another officer who had talked to him earlier that day in court regarding another DUI. Police went to his... Posted on November 22, 2009 at 05:01 pm by William Weinberg
Nov 21
Senator John Kerry's Daughter Charged with DUI in Hollywood

Alexandra Forbes Kerry was pulled over this week for a traffic violation in Hollywood. Police officers detected signs and symptoms of Kerry being under the influence, so she was arrested and charged with a misdemeanor DUI. After posting bail, she was released and has to appear in court in December. Senator Kerry said that she was pulled over for expired vehicle registration and was released from jail after her breathalyzer results were below the legal limit. If an officer believes you were... Posted on November 21, 2009 at 04:47 pm by William Weinberg
Nov 20
California Drunk Driver Slams into Guardrail

Last week, a Thousand Oaks woman was driving on the Highway 23 and 101 connector when she made an unsafe turn and crashed into the guardrail on a bridge. The woman was not wearing her seat belt so she was thrown around the vehicle and was seriously injured. When the ambulance arrived, she was not breathing and her heart had stopped. Emergency responders were able to revive her and she was rushed to the hospital. Investigators beleived that she was drunk at the time of the incident so she was... Posted on November 20, 2009 at 04:46 pm by William Weinberg

Rank This Week: 1714

Sacramento Personal Injury Lawyer...

Sacramento Personal Injury Lawyer Blog

Covers accident and injury news and updates in California. Published by Moseley Collins.

http://www.sacramentopersonalinjurylawyerblog.com/

Nov 22
Conflicting Testimony In Sacramento Bus Accident Trial, Part 1 of 2

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this bus accident/personal injury case and its proceedings.) Plaintiff Molly Chance ("Chance") requests this court to accept the following supplemental points and authorities to consider in support of her motion to vacate judgment in this matter and order a new trial under C.C.P. &#xc2&#xa7 657. INTRODUCTION Plaintiff earlier submitted authorities arguing the inadmissibility of... Posted on November 22, 2009 at 07:25 am by Moseley Collins
Nov 20
Jury To Determine Damages Caused By Sacramento Dog Attack, Part 4 of 4

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this dog bite/personal injury case and its proceedings.) Moreover, there are significant inconsistencies in the declarations of Diana Topp and Maria Cantor. Please note, Ms. Topp's first declaration indicates under penalty of perjury that Ms. Cantor was visiting her on 4-13-06 . However, in Ms. Cantor's declaration she indicates that she was visiting Ms. Marta Jones on... Posted on November 20, 2009 at 06:39 am by Moseley Collins
Nov 19
Dog Owners In Sacramento Strictly Liable For Injuries Caused By Their Dog, Part 3 of 4

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this dog bite/personal injury case and its proceedings.) THE MOTION FOR SUMMARY JUDGMENT SHOULD BE DENIED BECAUSE THERE ARE ISSUES OF MATERIAL FACT IN THIS CASE Summary judgment is proper only where there is no triable issue of material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., &#xc2&#xa7 473c, subd. (c). A defendant moving for... Posted on November 19, 2009 at 06:33 am by Moseley Collins

Rank This Week: 1734

San Francisco Employment Lawyer...

San Francisco Employment Lawyer Blog

Covers employment claims, including workplace discrimination and workplace harassment. By Greenberg & Rudman, LLP.

http://www.sanfranciscoemploymentlawyerblog.com/

Nov 22
DEAF EMPLOYEE GETS $30,000 IN DISABILITY DISCRIMINATION SETTLEMENT. IF YOU WERE DENIED A JOB BECAUSE YOU ARE DEAF, CONTACT SF BAY AREA DISCRIMINATION ATTORNEYS IMMEDIATELY.

If you are deaf, and if you are denied a job because of your deafness, you are protected under both federal and California law. The federal Americans with Disabilities Act (ADA) is in place to protect people in your situation. Under the ADA, an employer may not refuse to hire a qualified individual with a disability solely because of their disability. In fact, the ADA applies whenever an employer treats a qualified individual with a disability unfavorably because of his/her disability. A... Posted on November 22, 2009 at 06:09 am by Greenberg & Rudman
Nov 21
HAS YOUR NORTHERN CALIFORNIA COMPANY TARGETED OLDER WORKERS WHEN CONDUCTING LAYOFFS?

In this unstable economy, older employees may be concerned with the potential for being laid off. However, under California's Fair Employment and Housing Act (FEHA) and federal Title VII, employers may not target older employees for layoffs. Age discrimination is not only wrong, but it is also illegal. However, under the law, age discrimination protection only applies to workers 40 years and older. If you are laid off from your job at 39 because your boss says you are "too old," you are not... Posted on November 21, 2009 at 07:05 pm by Greenberg & Rudman
Nov 20
LOCKHEED MARTIN IMPLICATED IN A WHISTLE BLOWER LAWSUIT. SILICON VALLEY EMPLOYMENT LAWYERS CAN HELP PROTECT YOU, IF YOU HAVE BEEN WRONGFULLY FIRED.

"Whistle blowing" is a term that refers to an employee's act of telling on an employer who is breaking the law. Recently the defense contracting company, Lockheed Martin, was sued by a former engineer for wrongful termination. Darrol Olsen, the employee, alleged he was fired after he claimed Lockheed knowingly used "defective" stealth coatings when it was manufacturing its F-22 Raptor stealth jets. "Whistle blowing" lawsuits are not uncommon. If you have stood up for what you believed was... Posted on November 20, 2009 at 11:01 am by Greenberg & Rudman

Rank This Week: 1741

Legal Blog

Covers personal injury, trucking acident and product liability law. By Brett A. Burlison.

http://www.burlisonlaw.com/blog

Nov 21
Workplace Injuries In San Francisco And Throughout California

Workplace injuries are a serious problem in San Francisco and throughout California. According to Cal/OSHA there were more than 400 fatal workplace injuries last year. And there are thousands of non-fatal workplace injuries each year. On a recent addition of the California Report, the San Francisco station KQED examines workplace injuries and how effective Cal/OSHA is at protecting workers and what rights injured workers have in California. The report looks at a variety of industries and... Posted on November 21, 2009 at 04:46 pm by brettb
Nov 20
Judge’s Decision On Levee Breach

On Wednesday, US District Court Judge Stanwood R. Duval ruled that the US Army Corps of Engineers committed "gross negligence" in failing to maintain the Mississippi River-Gulf Outlet. This negligence on the part of the Corps led to the levees failing and the massive flooding during Hurricane Katrina. The New York Times reported that the decision by the court awarded over $700,000 to a small group of plaintiffs. However, the ruling could open the door for individuals and businesses as well as... Posted on November 20, 2009 at 01:57 pm by brettb
Nov 20
San Francisco Judge Orders Administration To Accept Healthcare Benefit Ruling

SAN FRANCISCO - A federal appeals court judge in San Francisco has ordered the Obama Administration to comply with the courts previous ruling that the spouse of a lesbian federal employee was entitled to healthcare benefits. According to the San Francisco Chronicle, both the White House and the Office of Personnel Management had no comment. The current dispute involved an federal employee that works for the judiciary and access to health care for her wife. As an employee of the federal... Posted on November 20, 2009 at 01:21 pm by brettb

Rank This Week: 1772

California Criminal Defense Lawyer...

California Criminal Defense Lawyer Blog

Covers constitutional rights, criminal law, and DUI topics. Published by Orange County crime defense attorney, William Weinberg

http://www.californiacriminaldefenselawyerblog.com/

Nov 21
Orange County Men Use Fake Warrant to Rob Bank

Last week, four Orange County men and one Nevada man walked into a Nevada Wells Fargo bank, handed the bank manager a fake warrant and said that they had the authority to walk into the vaults and take all of the money. The bank manager refused to allow the men take the money so they handcuffed and threatened him. As the suspects were leaving, police caught the men and arrested them. The men in FBI custody include Orange County residents Jonathan Miranda-Brewster, Jonathan Gray, Brady Beach and... Posted on November 21, 2009 at 04:20 pm by William Weinberg
Nov 20
Glendora Woman Arrested For Theft Off of FedEx Truck

Julieta Pimentel was arrested today for stealing items off of a FedEx truck parked outside of a Wendy's restaurant in Glendora in September. Pimentel apparently stole items such as designer purses, luggage and clothing and then sold them from her apartment on South Occidental Blvd. After police received a tip that Pimentel was selling stolen items, they raided her apartment and found more than 300 stolen items exceeding $155,000 in value. Pimentel was arrested on suspicion of receiving stolen... Posted on November 20, 2009 at 04:25 pm by William Weinberg
Nov 19
Orange County EMT Convicted of Raping Patient

Jesse Karim Pena was convicted of raping a female patient in the Mission Hospital in Mission Viejo in February. The patient was heavily intoxicated and could not resist Pena's advances. She later reported the incident to hospital officials who called police. Pena was arrested in June and was charged with one count of raping an intoxicated person. Last week, after pleading guilty to the crime, Pena was sentenced to three years in state prison. Rape is a very serious crime that will almost always... Posted on November 19, 2009 at 05:06 pm by William Weinberg

Rank This Week: 1773

San Francisco Bankruptcy Lawyer...

San Francisco Bankruptcy Lawyer Blog

Covers bankruptcy and foreclosure. By Rinne Legal.

http://www.sanfranciscobankruptcylawyerblog.com/

Nov 21
California Foreclosure Auction Delayed at Last Minute

Plans to sell the foreclosed properties of a San Luis Obispo wine tycoon on the courthouse steps were put on hold at the last minute yesterday. The development illustrates how tricky California bankruptcies and California foreclosure procedures can be throughout the lengthy legal process of bankruptcy. David Weyrich's foreclosed assets include three different wineries and more than 500 acres of vineyards, all in and around Paso Robles, as well as a luxury B&B and two wine tasting rooms. The... Posted on November 21, 2009 at 03:22 pm by Michael Rinne
Nov 19
California Foreclosure Data: Good News, Bad News

Depending on how you look at it, the latest wave of October California home foreclosure data might, or might not, signal good news for the broader economy. According to the widely-watched RealtyTrac index, October foreclosure filings totaled 332,292 nationwide, with California's home foreclosure rate remaining among the worst in the country. How is this good news? As USA Today notes the October number, as bad as it is, actually represents a 3 percent drop compared to September (it is up 19%... Posted on November 19, 2009 at 11:00 am by Michael Rinne
Nov 18
California foreclosure prevention program shows signs of success

Nine months after its launch the government's "Making Home Affordable" program has reached significant numbers of homeowners in danger of a California foreclosure, offering them help with California mortgage loan modifications, according to recent media reports and new data from the Treasury Department. The Washington Post reports, however, that the program's long-term success rate remains unclear. It is simply too soon to say how many California homeowners will still lose their homes. Treasury... Posted on November 18, 2009 at 12:07 pm by Michael Rinne

Rank This Week: 1776

Taking the Fifth

Covers criminal law issues. By C. Zadik Shapiro.

http://takingthefifth-acriminallawblog.com

Nov 21
PEOPLE V. LYNNE STEWART, ET AL, PART II

Thursday we began a series on the Second Circuit of Court of Appeals decision in United States v. Sattar (Stewart; Yousry). Today we shall continue the series by discussing some of the issues faced by the appellate court. The prosecution stemmed from Lynne Stewart's representation of Sheikh Omar Ahmad Ali Abdel Rahman who was convicted of various terrorist crimes resulting from the investigation of the 1993 bombing of the World Trade Center. He was sentenced to life in prison. While in prison... Posted on November 21, 2009 at 01:36 pm by zshapiro
Nov 19
PEOPLE V. LYNNE STEWART, ET AL, PART I

This is the first in a series of posts on United States v. Sattar (Stewart; Yousry). Lynne Stewart is a well known New York City criminal defense attorney. She represented Sheikh Omar Ahmad Ali Abdel Rahman who was charged with planning the 1993 bombing of the World Trade Center. Rahman was convicted and sentenced to life in prison. While in prison he was considered a high security risk and was subject to "Special Administrative Measures" (SAMs) to prevent him from communicated with outside... Posted on November 19, 2009 at 05:00 am by zshapiro
Nov 17
SUPREME COURT REINFORCES STRICKLAND STANDARD FOR INCOMPETENCE OF COUNSEL

In Wong v. Belmontes the Supreme Court reinforced the Strickland standard for competence of counsel. Citing Stickland it stated: To show deficient performance, Belmontes must establish that "counsel's representation fell below an objective standard of reasonableness." Id., at 688. In light of "the variety of circumstances faced by defense counsel [and] the range of legitimate decisions regarding how best to represent a criminal defendant," the performance inquiry necessarily turns on "whether... Posted on November 17, 2009 at 05:00 am by zshapiro

Rank This Week: 1780

Orange County Divorce Lawyer Blog

Cover California divorce and family law issues. By The Law Office Of David P. Schwarz.

http://www.orangecountydivorcelawyerblog.com/

Nov 21
A Very Unusual California Divorce Claim

Here's an unusual twist on California divorce: according to a report in the San Mateo County Times, a Bay area man is suing the San Francisco airport, claiming noise from the planes landed him in California family court resulting in the end of his marriage and his loss of California child custody of the company's triplets. Sixty-year-old Stanley Hilton of Hillsborough (which is actually about two miles from the airport and, according to the newspaper, does not lie beneath the flight paths)... Posted on November 21, 2009 at 01:06 pm by David P. Schwarz
Nov 19
Can I change my Will in the middle of my divorce?

Unless you want your soon to be ex-spouse to inherit your share of the community estate, you ought to consider immediately changing your will pending your divorce. If you wait until your divorce is final, it could cause the wrong result in the event of your untimely death. Typically, if you are married, your will might provide that your surviving spouse act as the executor of your estate. Your will might include provisions that all assets you own pass to your surviving spouse. If there is no... Posted on November 19, 2009 at 02:55 pm by Winiviere G. Sy
Nov 18
Shaq's California Separation Highlights Residency Issues

Word that basketball star Shaquille O'Neal's wife Va'shaundya filed Los Angeles family court papers seeking a California legal separation last week may have come as a bit of a surprise. Most people thought the O'Neals lived in Florida (Shaq played with the NBA's Miami Heat from 2004-2008, but now plays for Cleveland). According to a report in People magazine, Va'shaundya flew to California and declared herself a resident of the state on November 8, a day before her lawyers filed the California... Posted on November 18, 2009 at 01:11 pm by David P. Schwarz

Rank This Week: 1782

Los Angeles Personal Injury...

Los Angeles Personal Injury Attorney Blog

Covers personal injury news in Los Angeles and Southern California. By Lee Arter.

http://www.losangelespersonalinjuryfirm.com/Los-Angeles-Personal-Injury.aspx

Nov 21
Los Angeles County Hospital Reports Radiation Overdoses

Earlier this week, a Los Angeles County hospital reported that ten patients received an overdose of radiation from CT scans that were used to diagnose strokes. Glendale Adventist Medical Center found that they were giving patients three or four times more radiation than needed after their scanners were reprogrammed. The patients have been informed and their risks seem to be minimal as of now. This situation is still under investigation as it is unclear as to whether the hospital or the... Posted on November 21, 2009 at 11:00 am
Nov 20
Los Angeles Motorcycle Accidents - Dealing With Insurance Companies

Rumor has it that insurance companies treat personal injury claims different for motorcycle accident victims. In some cases it has been reported that injury claims were denied because of the involvement of a motorcycle in any given accident. If this ever happens to you it is imperative that you hire a skilled Los Angeles personal injury law firm to handle your case. We will make all of the contacts to the insurance company. We have years of experience representing individuals who have been... Posted on November 20, 2009 at 05:10 pm
Nov 20
Tire Injures Woman on 101 Freeway in Los Angeles County

When a truck lost a tire on the 101 Freeway in Los Angeles County on Thursday night, the tire crashed into another driver's windshield and injured the driver. No major injuries were sustained by the driver of the car, and the cause of the tire loss is still under investigation. Los Angeles car accidents like this may be a result of a defective product. While the cause of the above case is unclear, defective products can often cause many auto accidents and serious injuries. When car accidents... Posted on November 20, 2009 at 03:00 pm

Rank This Week: 1787

Sacramento Bankruptcy Lawyer Blog

Covers bankruptcy and foreclosure law. By Rinne Legal.

http://www.sacramentobankruptcylawyerblog.com/

Nov 21
Developer's Bankruptcy Leaving Elk Grove Short

Sacramento-based developer Reynen & Bardis left two large unfinished lots in an area south of Elk Grove Boulevard. But the visual blight is not the only way the developer's wayward project is harming Elk Grove. The bankrupt developer still owes $1.4 million in property taxes to the city, money that is counted on to pay bond debt that the city took out to pay for the public improvements and services necessary to sustain expanding development. It owes another $135,000 in late fees. Elk Grove... Posted on November 21, 2009 at 10:08 am by Michael Rinne
Nov 20
Those Without Health Insurance Face Higher Costs for the Same Services

The high cost of medical care has been a much-discussed topic as President Obama and Congress wrangle over healthcare reform. One major purpose of reform is to insure many of the millions without insurance. The saga of a slain Sacramento State student illustrates how necessary reform is. On October 21, a Sacramento State student was rushed to the UC-Davis Medical Center Emergency Room after his roommate savagely beat him. The trauma team frantically tried to save him, but the student died five... Posted on November 20, 2009 at 09:54 am by Michael Rinne
Nov 19
You Can Still Buy a Home After Filing Bankruptcy

There is a common misconception that filing bankruptcy will permanently prevent a person from being able to purchase a home. The reality is that there is no rule that banks cannot provide loans to those who have recently filed for bankruptcy. In fact, many people obtain home loans mere years after filing. A bankruptcy filing will significantly affect a person's credit report initially, but the effect diminishes over time, especially as the filer actively rehabilitates their credit. A Chapter 7... Posted on November 19, 2009 at 09:51 am by Michael Rinne

Rank This Week: 1790

Traffic Accident News And Advice...

Traffic Accident News And Advice Blog

Covers auto laws and auto accident law in California. By Bisnar Chase LLP.

http://www.trafficaccidentnewsandadviceblog.com/

Nov 21
Toyota Agrees to Repair Defective Accelerator Pedals

Toyota Motor Corporation has offered to fix the accelerator pedals of up to 4 million cars in the United States, which are subject to the company's largest ever vehicle defect recall, a Kyodo news report states. Toyota has apparently reached an agreement with the National Highway Traffic Safety Administration (NHTSA), which includes the Japanese auto maker's assurance to voluntarily repair the accelerator pedals. But it is not clear yet how Toyota will repair these pedals. This is a post from... Posted on November 21, 2009 at 08:14 am
Nov 20
Orange County Car Accident Leaves Woman Injured

A 50-year-old woman sustained injuries in an Orange County car accident the afternoon of November 18, 2009 after a vehicle crashed into her living room. According to a news report in The Orange County Register, a 22-year-old man failed to negotiate a curve and crashed the car into the woman's home located in the 5700 block of Warwick Circle in La Palma, California. Police said the woman was taken to an area hospital for treatment of her injuries. It's not clear how badly she was injured in this... Posted on November 20, 2009 at 12:12 am
Nov 20
Do You Need A California Car Accident Lawyer

Many California car accident victims need professional help after a car crash. Others will be able to handle their own claim. How do you know if a personal injury lawyer is right for you? Victims injured in a car crash could handle their own case. Handling your own personal injury claim can be similar to treating your own injury. If you have a scratch on your hand it can be treated with an antiseptic and a band aid. If you have a broken wrist that needs to be set you would probably want to have... Posted on November 20, 2009 at 12:02 am

Rank This Week: 1796

Orange County Criminal Lawyer Blog...

Orange County Criminal Lawyer Blog

Covers the criminal defense of white collar crimes, theft crimes and DUI. By The Law Offices of Michael L. Guisti.

http://www.orangecountycriminallawyerblog.com/

Nov 21
Tustin Man Charged with Child Endangerment for Growing Marijuana in Baby's room

TUSTIN, Orange County - A Huntington Beach man and a Tustin woman has been arrested for growing marijuana in their baby's room. Stephen Casino, of Huntington Beach, and Tina Turrieta, of Tustin, have been both arrested. They are facing charges of felony child endangerment, according to the Tustin Police. According to California law, if a person permits a child to be in a situation that child's health or safety is endangered, he could be convicted of felony child endangerment. Police found two... Posted on November 21, 2009 at 08:00 am by Michael L. Guisti
Nov 20
Irvine Restaurant Owner Convicted of Felony Insurance Fraud

IRVINE, Orange County - An Orange County restaurant owner in Irvine has been charged with insurance fraud for carrying out millions of dollar in workers compensation and tax evasion. Simon Hong and his wife were convicted of 14 felony counts of insurance fraud. They allegedly owe $5.8 million in lost revenue to state, penalties and interest. They underreported their payroll to the workers compensation insurance, and underreported their tax revenue. The couple was released on a $75,000 bail.... Posted on November 20, 2009 at 08:00 am by Michael L. Guisti
Nov 19
Orange County Man Convicted of Felony Credit Card Fraud and Identity Theft

SANTA ANA, Orange County - An Orange County man was charged with felony count of identity theft and fraud for stealing $1.5 million from home equity lines of credit. Joe Inthisone was facing 75 months in federal prison and pay back $538,000 in restitution for the two identity theft schemes. ,. He was convicted of felony count of bank fraud, felony count of conspiracy and identity theft, federal prosecutors said. He and two other men, used other people's personal information to take over their... Posted on November 19, 2009 at 08:00 am by Michael L. Guisti

Rank This Week: 1799

Rizio and Nelson California Law...

Rizio and Nelson California Law Blog

Covers California criminal law. By Rizio and Nelson.

http://www.rizioandnelson.com/blog

Nov 21
Methamphetamine Statistics

Methamphetamines, also known as "meth" or "crystal meth", are drugs that are quickly growing in popularity in the state of California. Among the biggest users of this drug are young women, ages 12 to 25. This should not be surprising, since the affects of meth use include increased energy levels, elevated mood, and appetite suppression. Our society has conditioned our young women to believe that they need to be skinny to feel good about themselves, and meth gives them both of those at once.... Posted on November 21, 2009 at 07:06 am by Andrea
Nov 21
Marijuana In The News

When we think about marijuana's negative connotations, we envision prison cells for drug use, selling marijuana, growing the drug, and maybe even selling or forging prescriptions for it. There rarely come visions of wildfire when we mention the phrase "marijuana problems," but this can actually be a major concern in the state of California. Case in point: Just this year people have been arrested for fires associated with the growth of marijuana. Whether these fires occur indoors from the lamps... Posted on November 21, 2009 at 07:01 am by Doreen
Nov 2
Drug-Related Homicides

According to the Office of the Attorney General of California, the incarceration rates for drug-related crimes have been steadily on the rise. The last year recorded was 2005, which saw 39 drug-related homicides out of every 100,000 people. Alarming as this is, the high was in 1997, with 53.2 drug-related homicides. The rate had gone down to 31.4 in 2002, but began increasing again in the following years. It appears as though the rates were very low in the seventies and early eighties. But... Posted on November 2, 2009 at 10:46 am by Andrea

Rank This Week: 1807

Product Defect News And Advice...

Product Defect News And Advice Blog

Covers defective auto products, defect children products, and defective drugs. By Bisnar Chase LLP.

http://www.productdefectnewsandadviceblog.com/

Nov 21
Defective Gas Grills Recalled for Fire Hazard

L. G. Sourcing has issued a defective product recall for more than 600,000 of its Perfect Flame SLG Series gas grills sold at Lowe's Stores. According to a news report in Consumeraffairs.com, the burners on these grills can deteriorate causing irregular flames. The lids of some models can ignite, posing serious burn injuries to consumers. So far, the company has received nearly 40 reports of fires from these defective burners and close to 23 reports of the lids igniting. The company stated that... Posted on November 21, 2009 at 06:57 am
Nov 20
California Rollover Car Accident Seriously Injures Toddler

A 4-year-old girl has been seriously injured in a car accident after the SUV she was a passenger in, crashed and rolled over on Highway 101 in Monterey County, the Monterey Herald reports. According to the news report, the girl was riding in the right rear seat of a Dodge Durango SUV that was being driven by her mother, 23-year-old Luz Acosta. The SUV was traveling on the Highway 101 near Somavia Road the morning of November 19, 2009 when the woman lost control of the SUV. The Dodge crossed the... Posted on November 20, 2009 at 12:51 am
Nov 20
How Do You Know If You Need A Car Accident Lawyer

California Personal injury claims can be very complex. Many accident victims need professional attorneys to help with the settlement process. This is not always the case, however. How do you know if you need an attorney? People who are involved in a California car accident can handle their own claims. It is similar to handling your own injury. If you injury is a scratch on your arm you can put some antiseptic on it and a Band-Aid. If you have a broken arm that needs to be set, I don't think you... Posted on November 20, 2009 at 12:02 am

Rank This Week: 1809

San Diego Injury Law Blog

Covers California personal injury law, as ell as motor vehicle accident, dog bite and defective product news. By Walton Barber LLP.

http://www.legalpad.com/

Nov 21
Claim Filed in Death of Junior Lifeguard

As was expected, the family of a Huntington Beach junior lifeguard who was accidentally killed during camp when she was run over by a lifeguard boat has filed a claim against the City of Huntington Beach. The claim alleges that Huntington Beach lifeguard Greg Crow, the boat operator, was negligent, and that his negligence caused Alyssa Squirrell's death. As was blogged about here, Alyssa died during a training drill where the junior lifeguards would jump off the back of the rescue boat near the... Posted on November 21, 2009 at 05:55 am
Nov 18
Do California Counties and Cities Spend Too Much on Lawsuits?

The California Citizens against Lawsuit Abuse (CALA), an insurance industry-backed organization whose goal is to limit access to justice, is out with a study that finds that eight of California's largest cities and nine of the largest counties spent $504.1 million in 2007 and 2008 to defend lawsuits, and to pay settlement and judgments. While those numbers may be accurate (it's hard to tell), the so-called study provides no real context for the number. For example, what percentage of the... Posted on November 18, 2009 at 06:52 am
Nov 13
Jury Awards Gymnastics Coach $25 Million

The dangers of cheerleading have been in the news quite a bit recently. While the activity has become more akin to gymnastics than cheering for the sport team, there is very little oversight, and almost no training of coaches. Most high schools, for example, will simply hire a recent graduate to "coach" the cheerleading squad. In Florida, a jury awarded a former gymnastics coach over $25 million for an accident that left him a quadriplegic from the neck down. Shane Downey was using some... Posted on November 13, 2009 at 05:30 pm

Rank This Week: 1814

Legal Commentary on Proposition 8...

Legal Commentary on Proposition 8 and the Right to Marry

Articles and comments by attorneys and legal scholars, and related legal news. From Michael Ginsborg.

http://prop8legalcommentary.blogspot.com/

Nov 20
Legal battle over D.C. Marriage Intiative petition

In May, the D.C. Council adopted the the Jury and Marriage Amendment Act of 2009 (JMAA), which confers recognition of same-sex marriages licensed in other states. JMAA opponents included D.C resident Bishop Harry Jackson, senior pastor of Hope Christian Church in Beltsville, Maryland. They sought to qualify a referendum on the law, but in June, the D.C. Board of Elections and Ethics ruled that the referendum would violate the Human Rights Act by discriminating on the basis of sexual... Posted on November 20, 2009 at 11:43 pm by Michael Ginsborg
Nov 20
NY Court of Appeals recognizes out-of-state, same-sex marriages for purpose of public employee health insurance and county government benefits

11/19/09 NY Times: ALBANY - The state's highest court on Thursday upheld policies giving some government benefits to same-sex couples who are legally married outside the state, but did not rule on whether gay marriage should be legal in New York, leaving that issue for the Legislature to decide. Though the majority in the 4-to-3 decision focused its decision on the narrow question of benefits, the three judges in the minority went further and said the court should have upheld the policies... Posted on November 20, 2009 at 04:12 am by Michael Ginsborg
Nov 20
9th Circuit Chief Judge Alexander Kozinski rules that lesbian spouse of circuit court staff attorney must receive health care benefits

11/19/09 order by Chief Judge Alexander Kozinski In the Matter of Karen Golinski: On November 18th, 9th Circuit Judge Stephen Reinhardt ruled that federal public defender Brian Levenson must be compensated for loss of health care benefits to his gay spouse when the Office of Personnel Management rejected his spousal benefit claims. The next day, Chief Judge Alexander Kozinski ruled that Karen Golinski, a circuit court staff attorney, must be allowed to pursue her claims of health care benefits... Posted on November 20, 2009 at 01:50 am by Michael Ginsborg

Rank This Week: 1835

Nuts & Boalts

Stories from the fruits and nuts of the University of California, Berkeley School of Law (Boalt Hall).

http://boaltalk.blogspot.com/index.html

Nov 20
The Protest's Balls Grew Three Sizes Today

We've talked about the "strike" ad nauseum, but it became something different today: a good ol' fashioned Berkeley protest. Students have occupied Wheeler Hall, fights broke out between protesters and police, sirens have been wailing all day, and news choppers fill the sky. After two days of a namby pamby strike with confusing motives and limited purpose, someone finally let the wild rumpus start. (Sorry, DE.) I don't know if this makes me a hypocrite, a bandwagoner, lazy, or an idiot--and I'm... Posted on November 20, 2009 at 07:49 pm
Nov 20
I Just Want to Tell You Both Good Luck. We're All Counting on You.

Bar results come out. I suppose it's only fair to have an open thread on the psychological mind ****ing that is the time until you see the results. The real fun begins on Monday when others look up your name. BUMP UP. So? What's the mood? Congratulations to all who passed, and chin up to those who didn't. Posted on November 20, 2009 at 06:45 pm
Nov 20
John Yoo Saves Half the Library from the "Fire"

I was sitting in the library Atrium when the fire alarm went off and of course I dutifully shuffled into the exit stairwell with about 30 other students. We descended a flight to the marked exit only to find said exit locked. So, we turned around and marched back up, bumping into other students who were coming down. Right as I was about to re-enter the library proper, John Yoo burst through the door saying, "No, come with me this way. I have the key." And just like that John Yoo saved us all... Posted on November 20, 2009 at 12:09 pm

Rank This Week: 1849

Sacramento Criminal Defense Lawyer...

Sacramento Criminal Defense Lawyer Blog

Covers California criminal law developments, including in the areas of DUI and search and seizure. By The Law Office Of Nancy King.

http://www.sacramentocriminaldefenselawyerblog.com/

Nov 20
Crackdown on CUI (Cycling Under the Influence) in Sacramento

/**/ Sacramento made the pages of USA Today earlier this month after a crackdown by the California Highway Patrol on CUI, cycling under the influence. The story came as result of a CHP sweep of south Sacramento on October 23 that saw seven of 57 DUI arrests made against cyclists. There is actually a specific section of the California vehicle code that deals with cycling under the influence. Section 21200.5 reads as follows: Notwithstanding Section 21200, it is unlawful for any person to ride a... Posted on November 20, 2009 at 06:52 pm by The Law Office of Nancy King
Nov 17
Obama Administration Changes Policies on Medical Marijuana

The United States Department of Justice on October 19 issued new guidelines related to medical marijuana. The federal government will no longer prosecute distributors of medical marijuana in the 14 states, including California, that allow marijuana to be sold for medicinal purposes, as long as those operations are in compliance with relevant state laws. This represents a substantive change from the policies of the Bush administration, which initiated a vigorous federal effort to prosecute... Posted on November 17, 2009 at 01:24 pm by The Law Office of Nancy King
Nov 12
Increase in Requests for Expungements

The Wall Street Journal today had an excellent article on the increasing number of people seeking to expunge their criminal records. These were the main points: With fewer job openings because of the recession, competition for jobs is fierce. More employers are taking the time to conduct extensive background checks. Background data from across the country is readily accessible through online databases. Employers are allowed to ask applicants if they have felonies on their records or other... Posted on November 12, 2009 at 10:47 am by The Law Office of Nancy King

Rank This Week: 1853

The High-touch Legal Services Blog...

The High-touch Legal Services Blog

Provides information about the law for startup and early-stage companies. By Dana H. Shultz.

http://danashultz.com/blog

Nov 20
Can I Create my Standard-form Contract by Starting with Someone Else’s?

This question was asked a few days ago (in different form) on LinkedIn. The following, slightly edited, is the response that I provided: As is always the case with alleged copyright infringement, the outcome of the case will depend on the facts. AFLAC v. Assurant, et al. illustrates where the line between what is protected and [...] Posted on November 20, 2009 at 06:11 pm by Dana
Nov 19
You Can Have a Successful Business Even if You Don’t Have a Patent

I recently met a software developer who wants to start a business. He immediately started talking to me about obtaining a patent. Condensed a bit, our conversation went roughly as follows: Dana: Without giving away information that would jeopardize your ability to obtain a patent, what would the software do? Developer: It is enterprise customer relationship management [...] Posted on November 19, 2009 at 01:04 pm by Dana
Nov 17
Ninth Circuit Protects Consumers against Text-Message Spam

In Satterfield v. Simon & Schuster, the U.S. Court of Appeals for the Ninth Circuit held that the Telephone Consumer Protection Act (TCPA), 47 U.S.C. Section 227, protects consumers against unsolicited text messages to their mobile phones. Subject to certain exceptions, the TCPA makes it unlawful "to make a call&#xe2€&#xa6using any any automatic telephone dialing system&#xe2€&#xa6to [...] Posted on November 17, 2009 at 12:57 pm by Dana

Rank This Week: 1856

San Diego DUI Lawyer Blog

Covers drunk driving, DUI and DWI. By Victor A. Orsatti.

http://www.sandiegoduilawyerblog.com/

Nov 20
Senator John Kerry’s Daughter Alexandra Arrested for DUI

Senator John Kerry's daughter Alexandra was arrested in Los Angeles early Thursday morning for driving under the influence, but was later released after a breathalyzer test indicated she was under the legal limit. Film producer and director 36 year-old Alexandra Kerry was stopped by Los Angeles Police for driving on an expired registration. She was then taken into custody for probable DUI and later released on bond. "Alexandra Kerry was pulled over for an expired registration and was released... Posted on November 20, 2009 at 06:04 pm by Victor A. Orsatti
Nov 19
San Diego DUI Warrant Sweep in East County Nets 65 Arrests

A San Diego DUI arrest warrant sweep in East County targeting drunk drivers who have been charged with driving under the influence and have not followed up on their court orders or appeared in court. San Diego police are looking for about 800 people who have been charged with DUI. So far about 65 people have been arrested. "We're helping along the system by making them accountable," said Brian Pennings, CHP spokesperson. A grant targeting San Diego East County DUI drivers along State Route 76... Posted on November 19, 2009 at 05:17 pm by Victor A. Orsatti
Nov 9
Vista DUI Crash Leaves 17 Year-Old Dead

A fatal Vista DUI crash claims the life of a 17 year-old teenage boy after a suspected drunk driver loses control of his vehicle, veers off the road and rolls over after his car crashed through a bus stop shelter on Sunday, said the California Highway Patrol. The drunken driving incident happened on East Vista Way near Mason Road early Sunday morning about 2:00a.m. In this DUI crash, again the teenager was not wearing his seatbelt and was somewhat ejected from a Ford Mustang, according to CHP... Posted on November 9, 2009 at 07:08 pm by Victor A. Orsatti

Rank This Week: 1857

California Injury Lawyers Blog

Covers car accidents, personal injury and wrongful death. By Howard | Nassiri, LLP.

http://www.californiainjurylawyersblog.com/

Nov 20
Los Angeles, Santa Ana, and Long Beach Metro Area Had Most California Pedestrian Deaths in 2007 and 2008

According to Transportation for America, in 2007 and 2008 there were 491 pedestrian deaths in the Southern California metro area (includes Santa Ana, Los Angeles, and Long Beach). This zone also had the most pedestrian fatalities out of the 26 California metro zones. The metro area of San Bernardino, Riverside, and Ontario experienced 159 pedestrian fatalities during the same time period--ranking the region number two for the most pedestrian deaths in California. With 12 pedestrian deaths for... Posted on November 20, 2009 at 05:53 pm by Howard | Nassiri, PC
Nov 19
Female Bicyclist and Woman Sitting in Her Own Living Room are Injured in Two Separate Orange County, California Car Accidents

As of yesterday, a female bicyclist remains hospitalized after she was seriously injured in an Orange County, California motor vehicle collision. Kate Leavey and her two kids were riding to school when the Irvine bicycle accident happened. Leavey, a Rancho San Joaquin Middle School teacher, sustained multiple limb fractures and a skull fracture. She has been receiving medical care at the ICU of a Santa Ana hospital where she was listed in critical condition. Her two children were not injured.... Posted on November 19, 2009 at 05:47 pm by Howard | Nassiri, PC
Nov 17
California Personal Injury Lawsuit Seeks Damages from Spinal Cord Injury that Left Victim Paralyzed

A 19-year-old driver is suing the California county of Santa Cruz for personal injury after she became paralyzed from the chin down in a catastrophic single car crash on April 7. Alexandria Pomianowski claims she lost control of her vehicle and drove it into oncoming traffic because the wet road she was on did not have the proper signage and was dangerous. While the California Highway Patrol contends that given the road conditions at the time Pomianowski was operating her Mustang convertible at... Posted on November 17, 2009 at 08:38 pm by Howard | Nassiri, PC

Rank This Week: 1859

California Car Accident Lawyers -...

California Car Accident Lawyers - California Personal Injury Blog

Covers California car accident news and information. By Robert B. Reeves.

http://www.reeveslawblog.com

Nov 20
Lowe Gas Grills Recalled because of Fire and Burn Hazards

California product liability lawyers are drawing attention to a recall of gas grills because of a fire and burn hazard. The gas grills were sold at Lowes nationwide. The Consumer Product Safety Commission has announced that importer LG Sourcing Inc of North Carolina is recalling about 663,000 gas grills in the United States. The recall has been announced because the burners can deteriorate, causing irregular flames. The lids of some grill models can also catch fire. According to the company, it... Posted on November 20, 2009 at 04:44 pm by rreeves
Nov 19
Dangerous Road in Cotati Leaves Petaluma Teenager Injured

California dangerous road lawyers have frequently been strong critics of Caltrans and local agencies' failure to maintain safe roads. Dangerous roads have been especially prominent in the news after a series of accidents on the San Francisco Bay Bridge left at least one person dead and several injured. Yet another dangerous road in California has left a teenager seriously injured in an accident. According to Press Democrat, the accident occurred on Tuesday. The 17-year-old girl was traveling in... Posted on November 19, 2009 at 03:54 pm by rreeves
Nov 18
Department of Transportation Adopts Bus Safety Plan after Series of Accidents

California bus accident lawyers have been concerned about motor coach safety in the wake of a recent series of accidents, including a tour bus accident and a casino bus crash in California. Earlier this year, a bus carrying elderly people to the Colusa County Casino, fell into a ditch about 60 miles off Sacramento. Eleven people were killed in the accident, and several people were injured very seriously. Soon after, a tour bus carrying French tourists flipped over in Soledad, killing four... Posted on November 18, 2009 at 12:17 pm by rreeves

Rank This Week: 1869

California Car Accident and Injury...

California Car Accident and Injury Lawyer Blog

Covers California personal injury news and information. By Robert B. Reeves.

http://www.accidentandinjuryblog.com

Nov 20
Teenage Bicyclists Injured in Accident in Escondido

Two teenage bicyclists were injured in what is believed to have been a hit and run accident in Escondido on Wednesday. According to Signs on San Diego, a motorist veered into a bicyclist lane in front of the two bicyclists, aged 13 and 14. The first rider tried to avoid the SUV, and struck the curb. The second rider, who tried to brake, crashed into his friend's bike and was thrown off. According to news reports, the SUV driver stopped the car to ask the boys if they were fine. When one of the... Posted on November 20, 2009 at 02:44 pm by rreeves
Nov 19
Colusa County Bus Accident Verdict Could Resonate in the Industry

Earlier this month, bus driver Quintin Watts was sentenced to 26 years in prison, after he was involved in a fatal bus accident near Williams, California. California bus accident lawyers have welcomed the verdict. Watts was convicted in October on multiple counts of gross vehicular manslaughter. The Colusa Sun Herald believes that the verdict could change the manner in which professional bus drivers and bus companies view driver fatigue as contributing factors in bus accidents. In October 2008,... Posted on November 19, 2009 at 03:29 pm by rreeves
Nov 18
DJ AM’s Mother Sues for Wrongful Death, Claims Plane Crash Contributed to Son’s Drug Overdose

The mother of DJ AM has filed a claim for wrongful death damages against the plane manufacturer, as well as other companies involved in her son's plane accident after he died of a drug overdose in August, Andrea Gross has added a wrongful death claim to an existing lawsuit for $20 million filed by DJ AM, also known as Adam Goldstein. The suit names the plane manufacturer Learjet, the estates of the pilots who died in the crash and other entities. According to the lawsuit, the plane crash... Posted on November 18, 2009 at 02:59 pm by blogadmin

Rank This Week: 1879

California Injury Lawyer Blog

Covers personal injury news involving truck, ATV and highway accidents. By Estey & Bomberger, LLP.

http://www.california-injury-lawyer-blog.com/

Nov 20
Teen Paralyzed in Car Accident Sues Santa Cruz County Over Dangerous Road

A Scotts Valley teen has filed a lawsuit against the county of Santa Cruz following a serious head-on collision accident that left her paralyzed last spring. Alexandria Pomianowski, 19, of Scotts Valley, suffered a life-changing spinal cord injury on April 7 in Santa Cruz County. Pomianowski was driving her 1999 convertible Ford Mustang out of Felton on Mount Hermon Road when she lost control of her car and was struck head-on by a utility truck. She broke three vertebrae in her neck in the... Posted on November 20, 2009 at 02:16 pm by Estey & Bomberger
Nov 20
Cyclist Struck by SUV Thursday Afternoon on the Wiggle

A cyclist suffered serious injuries Thursday afternoon after he was struck by a white Volvo SUV at the intersection of Haight and Pierce Streets, on the Wiggle in San Francisco. The cyclist was travelling south on Pierce, and the SUV was travelling east on Haight, when the collision occurred. The cyclist suffered numerous injuries including possibly a broken leg or ankle, and collarbone or shoulder. The cause of the bicycle accident remains under investigation, and it is not known who was at... Posted on November 20, 2009 at 01:33 pm by Estey & Bomberger
Nov 20
Family Files Wrongful Death Claim in Huntington Beach Junior Lifeguard Death

The family of Alyssa Squirrell has filed a wrongful death claim against the city of Huntington Beach for the death of their daughter, who was killed on July 14, 2009, during a routine Jr. lifeguard training drill. According to the Orange County Register, the claim was filed on November 12, and seeks damages against the city for personal injuries, emotional distress and damages related to Alyssa's death in the junior lifeguard program accident. Squirrell was struck by a boat propeller during a... Posted on November 20, 2009 at 01:09 pm by Estey & Bomberger

Rank This Week: 1885

HR Watchdog

Covers California employment laws. By the California Chamber of Commerce.

http://calchamber.typepad.com/hrwatchdog/

Nov 20
Employers Required to Display GINA Notice

Beginning Saturday, the U.S. Equal Employment Opportunity Commission (EEOC) will assume responsibility for enforcing Title II of the Genetic Information Nondiscrimination Act (GINA). Title II of GINA protects applicants and employees from discrimination based on genetic information in hiring, promotion,... Posted on November 20, 2009 at 02:01 pm by Chris Eddy
Nov 20
ICE Turns Up the Heat on Employers

In May, we informed you that the Department of Homeland Security (DHS) announced a major shift in the worksite enforcement program conducted by Immigration and Customs Enforcement (ICE), and now we've seen some of the results of that enforcement. ICE... Posted on November 20, 2009 at 10:05 am by Chris Eddy
Nov 17
OSHA Provides Crowd-Control Workplace Safety Tips

Last holiday season ended tragically for a store employee who died when a mob of shoppers rushed through the doors of a large retail store after Thanksgiving Day for a "Black Friday" sales event. In response to that and other... Posted on November 17, 2009 at 03:59 pm by Chris Eddy

Rank This Week: 1891

California Estate Planning...

California Estate Planning Attorney Blog

Covers California estate planning and living trusts. By Rinne Legal.

http://www.californiaestateplanningattorneyblog.com/

Nov 20
How to Use the Yearly Gift Tax Exemption (IRC s. 2503(b))

Gift taxes are an important thing to consider, when it comes to estate planning. This tax is as important as the infamous estate tax. In fact the gift tax was set up by the government in order to prevent workarounds regarding estate taxes. If there was no gift tax, but an estate tax, everybody would simply transfer her or his estate to their heirs or living trusts before they died. Then no estate tax would be due in the event of death. Because there is gift tax which taxes gifts equally to... Posted on November 20, 2009 at 12:44 pm by Michael Rinne
Nov 19
Undue Influence in Probate Proceedings

Generally speaking undue influence is a legal doctrine that involves one person taking advantage of a position of power over another person. The law usually tries to prevent undue influence and therefore often renders legal acts as invalid if made under undue influence. This is especially important in probate proceedings. Undue Influence is one of the most common grounds to formally contest of a will in court. A good example can be seen in the case of Alfred Glassell's. The case and the... Posted on November 19, 2009 at 11:40 am by Michael Rinne
Nov 14
Estate Planning Myths

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