Spoliation of evidence can cause courts to render decisions based on faulty evidentiary records, frustrate parties in the prosecution of their actions, and, in extreme cases, deny litigants their rightful legal remedy, even though they have suffered harm. When evidence is destroyed, altered, or hidden, both litigants and the civil justice system suffer. However, the remedies for such loss of evidence have changed over the years. This article briefly looks at the history of this tort, and the current state of the law. The Birth of the Spoliation of Evidence Tort The common law has long recognized the seriousness of ...

Imagine owning a business in a competitive market. You are looking for any possible advantage. If there were a way to immediately cut overhead by as much as 40% without reducing your productivity, you would likely do it without question.[1] Now imagine working as an operations-level employee for a single employer for years. One day you go to work to find all employee benefits are gone. You are no longer guaranteed minimum wage, overtime, or workers’ compensation insurance coverage for on-the-job injuries. You would be in the same situation as the plaintiffs and 1,800 other delivery drivers in Dynamex Operations ...

In 2013, it was estimated that over 2.6 million unauthorized or undocumented (1) immigrants lived in California, making up 10% of the state’s workforce. (2.) Undocumented immigrants contribute an estimated $130 billion to California’s GDP, an amount that is greater than the entire GDP of Nevada. (3.) Those workers pay taxes, buy homes, shop, drive, and participate in virtually all aspects of our economic, civic and cultural life. The Social Security Administration estimates that nearly $12 billion are paid into the Social Security system every year by unauthorized workers who will never receive any in benefits. (4.)40% of Californians are ...

Joint representation in personal injury actions can be a plaintiff attorney’s most satisfying and rewarding experience. The attorney, beyond navigating the legal landscape, naturally bonds with the clients as they cope with their loss, be it a personal injury or wrongful death. However, when preparing to represent more than one individual in the same action, an attorney is well advised to keep in mind and prepare for the pitfalls and conflicts of joint representation. The typical scenarios that present conflict problems to practitioners are basically categorized into three situations (1) married couple where one spouse is injured and other spouse ...