Bato v. Laboratory Corporation of American  
Wage and Hour class action (status)


Divine Dining, Inc. v. Kompany, LLC.  
Breach of lease and interference with business case.  (status)

Kaufman v. Record Surplus
Traumatic brain injury and premises liability.  (status)

More Active Cases...

Doe v. Luster
 $20,526,000

Doe HOA vs. Roe Ins. Co. $13,500,000

Doe Insured v. Doe Disability Insurance Co.
 $6,900,000

more cases & verdicts....

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LEARNING CENTER

Below are a variety of articles, videos and sample forms that we regularly publish to keep you abreast of legal developments and case law that affect our society.

Articles
Class Action    Business Practice   Civil Procedure   Courtroom Communications   Employment   General   Insurance   Personal Injury   Product Liability

Videos
Documents   Interrogatories   Depositions   Traumatic Brain Injury

Presentations
CAALA Annual Convention Presentations

Books
Reading List Recommendations

Additional Resources:
Traumatic Brain Injury
Elder Abuse
Keep our Kids Safe
  More and more, tax considerations are driving decisions about strategy as clients make decisions on how to proceed with their lawsuits. The Internal Revenue Service is tuned in to taxable settlements as an area that they need to police.  Examiners are taught to look for leads on possible taxable settlements by reading newspapers, doing courthouse research and by other methods. An IRS Training Manual (Training 3123-009 (11-00) TPDS No. 86391G) gives us some insight into how the Service approaches the settlement area.  Of course, when making any tax decision, you must consult a trained tax professional, since the law is ever changing.   We are attaching the Training Manual here for information purposes only, don't rely on it since portions may be out of date.

Class Action

A Class Act
Class actions and complex litigation force you to be disciplined.  In class actions, you need a system or things can get out of hand pretty quick.
  A Class Action Primer
Class action basics explained. Understanding class action procedure is important.  A class action is different than a "mass tort".
  Tips To Understanding Class Actions
Tips to help both attorney and client understand class actions.

Employment

In California, Accrued Vacation Pay Is Due On Termination From Employment Under Wage And Hour Law.
Vacation pay cannot be forfeited under a so-called "use it or lose it" policy.
  California Employees are Generally "At Will"
The law permits employers to suspend, demote or terminate (fire) them without providing a reason. There are important exceptions to this general rule.
  There are Limits on Employee Drug Testing in California
In general, California job applicants can be asked to take a drug test as part of the job application process. For existing employees, the rules are different.
  In California There Are Limits On What an Employer Can Ask During a Job Interview
It pays to know your rights.
  Your Rights As An Employee In California
Though you have to meet the requirements expected at work, you also have certain rights under the law as an employee.
 

Due Process
Labor Code Section 203 provides a waiting time penalty that is consistent with constitutional due process.

Elder Abuse

Elder Abuse Is Something More Than Medical Negligence
Where there are facts suggesting elder abuse, it's worthwhile to consult a knowledgeable attorney to find out if there is a remedy under the law.

Insurance

Coping With California Firestorm Claims
Major losses due to fire in California require a careful approach.
  Five Fatal Bad Faith Mistakes and How To Avoid Them
The law right now is probably as favorable for carriers as it's been in several generations.
  Practical Tips On Genuine Dispute And Advice Of Counsel
How to head off two insurance company defenses.
  Discovery and Depositions In The Bad Faith Case
Bad faith basics.
  When Catastrophe Comes Calling And Ten Insurance Claim Dos And Don'ts
Tips for making insurance claims after a calamity hits.
  Trying The Insurance Bad Faith Case
Some trial tips for insurance bad faith practitioners.
  Is There A Genuine Dispute or Is It Bad Faith?
Up until recently, the genuine dispute doctrine was largely limited to disputes over legal questions.
  Exposing Carriers Who Abuse Efficient Proximate Cause
Carriers habitually push the envelope when trying to deny coverage in concurrent causation situations.
  Searching For A Higher Duty
Using breach of fiduciary duty when a carrier won't admit its mistake.
  When Genuine Issues Argue Against A Genuine Dispute
The federal courts published two important decisions concerning the genuine dispute doctrine.
  3 Insurance Rules After Disaster Hits Your Home
It seems like whenever catastrophe strikes, insurance problems rear their ugly head.
 

Health Care and ERISA
As it's set up now, ERISA takes away your ability to file a lawsuit for the full remedies generally available when an insurance carrier acts unfairly.

  Protect Yourself from Rescission: The Insurance Industry's Deadly Trick
It is increasingly popular in the insurance industry as a way of beating legitimate claims and increasing insurance company profits at the expense of consumers.

Product Liability

Using Daubert, Kumho Tire And Kelly To Your Advantage
In California, the rules vary depending upon whether you are litigating in state or federal court.
  Why Campbell Doesn't Necessarily Mean We're In The Soup
Where does Campbell leave the practitioner evaluating an action involving dangerous products?
  When Rental Car Companies Add To The Carnage
The Legislature recognized the critical role auto rental companies play in keeping defective vehicles out of the stream of commerce.
  Consumer Product Safety Act of 2008 May Lower Personal Injuries In Children
I
t ups the ante for those who manufacture and distribute unsafe toys.
  Wyeth v. Levine Means Our Federalist System Is Still Alive In Protecting Consumers From Personal Injuries
It means that when a consumer is injured by a defective product, the manufacturer is now more likely to be held accountable.
 

FDA Food Safety Campaign Too Late
One infant injury and death of another from contaminated formula.

Personal Injury

A Brain In Hand And A Brain Test Out Of Control
A defense mental exam is unfair to accident victims.
  Sports Premises Injuries And the Knight v. Jewett Evolution
Injuries that occur during sporting events present a host of special problems for the practitioner.
  Study Says Settling Personal Injury Cases Is Statistically Better Than Going To Trial
A study reported in the New York Times.
 

Pitch Your Case Effectively And Don't Forget To Read The EULA
Shorthand for "do your due diligence."

  National Safety Council Is Calling For A Ban On Cellphones While Driving
Help to reduce auto accidents causing serious personal injuries
  Poor Economy Means More Drivers Are Dropping Their Car Insurance
Bad news if you have a personal injury accident.
  Bringing OSHA Regulations Back To The Courtroom
In California, OSHA regulations are admissible to show a standard of care.
  Understanding Brain Activity During Personal Injury Trials
Getting the most from the experience requires proper fuel.
  Using Rule Based Analysis And Mindmapping To Make A Stronger Point In Personal Injury Cases
Trial lawyers need to master to improve how they organize their arguments in briefs and in the courtroom.
  Ban Cellphones On Trains After Metrolink Accident
Cellphones can diminish attention while driving much in the same way that alcohol degrades perceptive and reflex.
  The Metrorail Train Crash Investigation Is Ongoing
  The Bible, Personal Injury and California Justice
We are letting juries decide these questions less and less

Business Practice

Checklists, Reading Lists And Connecting The Dots
Connect the dots from planning to success.
  Ten Tips For Making Partner In A Plaintiff's Firm
Some thoughts on a random process.
  Whole Brained Law
We are moving from the Information Age to the Conceptual Age.
  The Cost of Bias in the Legal Profession
Bias in the judicial system costs us all.
  Admonition Ins And Outs.
Get your deposition off to the right start.
  Aguilar And The New Face Of Summary Judgment
Supreme Court and the Court of Appeal have published four important opinions redefining the law of summary judgment.
  On Dealing With Lien Claimants
You need to know how to deal appropriately with lien holders.
  Balance Billing After Olszewski
The law surrounding balance-billing law is rapidly evolving.
  Picking Experts And Avoiding Nightmares
We all use experts in our cases. They are a necessary part of what we do and many of  them we love.
  Everything Matters: Secrets of Building a Better Plaintiff Practice
Seven Rules for Picking Cases.
  Civil Lawsuits Have A High Purpose
Civil lawsuits are a way to take on public menaces and let the community fix what's broken.
  Getting Ahead Of The Procrastination Curve
Might as well face it, you're addicted to late.
  Finding Your Passion
Finding passion is an art we've all heard something about, but most of us won't ever truly attempt.
  Trial Lawyers Should Read Unmasking The Face By Paul Ekman And Wallace V. Friesen
Trial lawyers are in the truth-seeking business.
  Deeds Not Words
Trial Lawyers as a positive for American Democracy.
  Judicial Salaries Are Front And Center In A Tough Economy
It's probably time for consumer lawyers to become even more engaged in the debate from the grass root level on up into leadership.
  Etiquette Beyond High Tea
T
he rules of courtroom etiquette are important because they promote harmony and safety. They are also ignored at the practitioner's peril.
  Sun Tzu, Lao Tsu; Using Yin And Yang To Help Make Your Cases Stronger
Talking about practical principles here and what yin and yang teach us when working your cases.
  Gloom, Doom And Statistics
We can take solace from the fact that in economics, what goes down will generally rise again.
  Money Falling Through The Cracks
A
practice tip could result in cost savings.
  Simplicity And Balance In The Plaintiff Profession
There's a new word in my vocabulary, it's called balance.
  In Search of Quality
None of us can be satisfied with "business as usual," anymore.
  California Supreme Court Refuses To Hear Case On Los Angeles Judicial Pay.
Bad news for Los Angeles County judges
  Keeping Fit Is Good For Personal Injury Lawyers, Too!
One element of the complete trial lawyer's skill set that is often overlooked is simple physical fitness
  The Communicating Trial Lawyer
Why are we prejudiced against modern communications in a modern courtroom?

Courtroom Communications

Connecting In The Modern Courtroom
Lawyers need to adapt in the modern courtroom.
  How We Learn To Communicate More Effectively In The Courtroom
Listen to jurors and pay attention to them at the start of the case.
  The Power Of Nonverbal Communication Can Impact The Personal Injury Trial
Trial lawyers know that nonverbal communication is important, we worry about it constantly in the courtroom.
  Cooking with What You've Got
Just like preparing a meal, preparing a case is a political act.

 

Civil Procedure
 
  A Touch Of Spring Fever at the Supreme Court
Wall Street Journal blasted the high court's decision to allow the states to play a role in consumer product safety.
  Japan Reintroduces The Jury After Complaints That It's Justice System Is "Unfair And Arduous"
Japan holds 1st criminal jury trial since WWII.
  In Defense Of The Honorable Manuel L. Real
Sometimes in law, a little philosophy is required.
  Asking For Whom the Statute Tolls
The Supreme Court acknowledged that introducing tolling into the limitations equation came with a cost.
  Prosecuting A Defamation Case 
The legal concepts of defamation, libel and slander have deep roots in both the English common law and California. jurisprudence.
  More Proof The Founding Fathers Were Right
Including our right to civil jury trial in the constitution.
  Court Records Are Presumed Public In Personal Injury Cases
Unless confidentiality is required by law, court records are presumed to be open.
  Deposition Stipulations
Do You Know What You're Giving Up?
  Jury Duty
Maybe I will finally have the opportunity to serve.

Notes From The Second Annual Advanced Trial Institute At Loyola Law School In Los Angeles
We all have a stake in preserving the civil justice system for the good of the country.
 

Secret Settlements are UnAmerican
What would the story be if I had all the facts, not just the ones big business wanted me to know about?

  Federal Sovereignty, Discovery And The Touhy Doctrine
You need to be aware of the Touhy doctrine when pursuing a claim involving federal turf.
  Don't Trust Juries? Go To Russia!
New law in Russia ends jury trials for "crimes against state".
  Bad Neighbors In Foreclosed Houses.
A public nuisance is one which affects the entire community or any considerable number of person.
  Bank of America Is Ending Its Arbitration Requirement In Disputes.
The announcement is a tremendous endorsement for the American civil jury system.

General

The Ladies  Ride
 

Horse Sense From The California Court Of Appeal. 

  A Bear Runs Through It
  The Accidental Aerialist
  Empty Saddle
  The 20th Anniversary Ride
  The Bandido Trail

VIDEO

Request For Production
Preparing your documents for any case is important. This video covers 7 important tips to gathering documents.
Rules To Follow When Answering Interrogatories
Responding to interrogatories properly is essential.
How To Give A Deposition
Some tips how you can prepare for your deposition.  
  Traumatic Brain Injury

Presentations

Balance Billing Liens After Olszewski and others
Insurance Bad Faith, Punitive Damages

Sample Forms
The following forms were referenced in the article, Discovery and Depositions In The Bad Faith Case.
These forms use the old Code of Civil Procedure sections, so you should update them before using them in your case.

SET - Bad Faith Discovery Forms
  Request For Admissions, Set No. One
  First Set Of Request For Production Of Documents To Defendants
  First Set Of Interrogatories To Defendants
  Depositions
Notice Of Taking Deposition Of Custodian Of Records With Production Of Documents
  Notice Of Taking Deposition Of Person Most Qualified With Production Of Documents

Disclaimer
The contents of this website are for informational purposes only. It is not intended to serve as legal advice. It is not an invitation to establish an attorney-client relationship, and you should not rely upon any information presented here without first seeking legal advice from an attorney licensed to practice law in your jurisdiction.

Sending email to Bill Daniels | Law Offices, APC or accessing this website does not form an attorney-client relationship.

 

 

 

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