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Highlights of the October 2014 Contra Costa Lawyer edition include articles on bankruptcy, the Sham Guaranty Defense, Right to Repair Act, equity stripping and more.
The answer definitely is not to continue with the litigation as though nothing has changed.
Litigation funders also argue that they are like insurance companies, but insurance companies are highly regulated, and funders are not regulated at all. Moreover, insurance companies don’t charge 40 percent a year.
This article provides a step-by-step explanation of how to obtain and implement a writ of attachment in a financial elder abuse case.
The Supervising Judges each provide perspectives on the operations of their respective division.
Commencing in January 2015, Judge Barry Goode is returning to the Civil Division and the complex litigation calendar.
The new local rules, taking effect January 1, 2015, are substantially revised and entirely reformatted, and will more closely follow the structure of the California Rules of Court.
Sometimes you are at the corner of “I have a great case I am working on,” and “Oh no! My client just filed bankruptcy!” What do you do?
Since the Bankruptcy Abuse Prevention and Consumer Protection Act was passed, practicing in the bankruptcy field has been a lot more exciting.
While Lawlor seems to be applying a standard of “no legal separation” for application of the sham guaranty defense, none of the cases cited by Lawlor use that phrase.
The fairly recent decision in Liberty Mutual Ins. Co. v. Brookfield Crystal Cove LLC examined the act and its legislative history and, somewhat surprisingly, narrowly construed SB 800.
Defendants in these cases can and should be informed that there is a real possibility of a recovery for a victim’s pain and suffering, in addition to special damages, punitive damages and attorneys’ fees.
Whenever I have asked any attorney from LA why they do the stip, the answer is the same: “I don’t know why. That’s just the way we have always done it.”
With no budget and a lot of support from the county’s legal community, it has served the needs of many of the county’s citizens.
In prior “Stories from the Bray Building,” Judge Carlton encountered Three Strikes, mental health, legal ethics, incarceration and contentious civil litigation. Now he presides over a difficult civil trial.
I’d like to take this opportunity to give a heartfelt THANK YOU to Lisa Reep, who will be retiring this month as Executive Director.
Admissibility of a Plaintiff’s Immigration Status in California Employment and Personal Injury Cases
Undocumented workers may be more incentivized now to seek redress for wrongful employment practices, notwithstanding their immigration status.
Out to Sea Without An Anchor? Analyzing Emotional Distress Damages Without Corresponding Economic Damages
By all accounts, emotional distress is legally and physically tangible. When it legally exists, the challenge is evaluating how much an employer should pay for it.
Are you missing opportunities to resolve your employment litigation because you decline a joint session during mediation?
However you do it, you need to convince the court that you won the case.