Archive for March, 2012
February 2012 – Love & the Law
Highlights from the February 2012 “Love & the Law” issue include ‘Life, Love, Law & the Practice of All’ by Loren and Frank Acuna; ‘Black & Brown – Lawyers in Love’ by David A. Brown; ‘Love & the Law’ by Sue Talia and Lee Pearce; and more…
January 2012 – Your Bar Association
Highlights from the January 2012 Contra Costa Lawyer include: Meet your 2012 Board President, Audrey Gee; Meet your new Board Members and Section LEaders; Member-Only Benefits; and more…
March Madness, Mayhem and Meritocracy
March 20th is the first day of Spring, also known as the Vernal Equinox. For you Latin fans out there, the word “equinox” translates to “equal night” and refers to the time when the sun crosses the true celestial equator, and day and night are of nearly equal length. Day and night are balanced to nearly 12 hours each, all over the world, and the earth’s axis of rotation is perpendicular to the line connecting the centers of the earth and the sun. Take a breath. This is your time to recharge. On March 21st, daylight begins to grow longer.
The Trouble with “Tort Reform”
“Conservative” Politicians and Media Pundits deign to hate consumer lawsuits – but they shouldn’t. Torts are grounded in the founding American ideals of independence, accountability and small government.
Howell v. Hamilton Meats
Supreme Inequity to Plaintiffs, a Message of Irresponsibility and No Practical Guidance for Trial Judges & Attorneys
CCP § 998: The Nuts and Bolts of the Potent Settlement Device
Statutory offers to compromise under Code of Civil Procedure § 998 represent a powerful tool in the work belt of the California civil litigator. The statute is so commonly invoked that you need only hang around the second floor of 725 Court St. in Martinez for a short time before you will overhear hushed attorney deliberation over whether “we can beat the 998.”
When Timing is Everything
Willie Nelson’s saying that “the early bird gets the worm, but the second mouse gets the cheese” describes the world within which attorneys must navigate, where timing can make all the difference. That is particularly true within the context of post trial proceedings.
Does the Right to Privacy Survive Death?
A Strange Journey to an Answer
MOTION FOR SUMMARY JUDGMENT
Plaintiff Ronald Luck, on February 2, 2013, traveled backwards in time to the year 1993, where he met the then 20-year-old Ronald Luck. During that visit, on February 10, 1993, the two men were in an automobile being driven by the younger Ronald Luck which collided with another automobile, causing the elder Ronald Luck to suffer severe injuries.
Medicare Secondary Payer Compliance in 2012
A Formalized Approach to the Question of Medicare Set-Asides for Civil Plaintiff & Defense Counsel
A Defendant’s Windfall: The Implications of Howell v. Hamilton Meats on Social Justice
Without justice, how can the civil system be respected?
The Intersection of Howell and the Laws of Evidence
Past medical damages recoverable by people who carry health insurance are no longer based on the actual cost of those services, but instead are limited to the negotiated cash payments made by plaintiffs health plan, any co-payments or deductibles, as well as any amounts still owing. That result plainly inures to the benefit of tortfeasor defendants, despite the fact that the negotiated rates exists solely as a function of plaintiff’s investment in health insurance to indemnify himself against the full charge rates of medical providers in the event he required care, and despite the fact defendants are neither party to these collateral contracts nor intended beneficiaries of these contracts.
Spot the Tort!
Spot the tort! Click on the injury-prone characters in the picture below to find out more…
Welcome, Judge Terri Mockler!
As a public defender for over 29 years, Mockler was exposed to people from all walks of life with many different problems. She encountered both rural and urban poverty, and took pains to understand the myriad socioeconomic problems associated with poverty. In addition to the impacts of alcoholism, addiction and lack of education on her clients and their families, she witnessed the lack of access to information and resources that is rampant throughout much of American society.
Annual Officer Installation Lunch
On January 27, the 2012 Board of Directors and Section Leaders of the Contra Costa County Bar Association were officially installed during a luncheon honoring retiring Judges Peter Berger and Harlan Grossman. The Honorable Diana Becton presented a State of the Court update and keynote speaker Frank Wu, Chancellor and Dean of the UC Hastings College of the Law, presented “Diversity & Democracy: The Future of the Rule of Law”.
Bar Soap – March 2012
Goodness! After years of begging for jury verdicts for my column, I have finally found out how to get people’s attention: Report that someone has moved and taken a new job. I think the strategy will be to say: “John Doe has just joined a new firm and has been nominated for ABODA, so if you want me to talk about you, send a jury verdict”.
Malpractice Policy Coverage For Disciplinary Defense Costs
It can happen to any lawyer, especially if you practice in the areas of personal injury, family or real estate law. It’s a letter from the State Bar of California asking you to respond to a complaint by a former client. Although your first reaction may be anger, panic or disgust at your ex-client making accusations against you, you will have a limited time to respond before the State Bar threatens default disbarment.
Coffee Talk: What is your biggest headache after settling a case?
None. To me there is nothing better than a settlement. Hopefully it was well documented to get to the final settlement.
