Blog
Current Construction Injury Law in California
Since the last issue of the Forum dedicated to construction litigation, a number of cases have refined the area of construction injury law, but none ...
Elsner v. Uveges and OSHA into Evidence
Representing workers injured on construction sites just became easier with the recent Supreme Court decision of Elsner v. Uveges (2004) 34 Cal.4th 915, where the ...
Admissibility of Insurance/Indemnity Agreements
A motion in limine to exclude evidence of insurance is familiar to every trial attorney who practices in the personal injury field. As a matter ...
AB 1127: Back to the Future For the New Millennium
On October 6, 1999, Governor Gray Davis signed legislation intended to increase OSHA fines for serious violations. Freshman Assembly Member Darryl Steinberg from Sacramento sponsored ...
Handling Injury & Death Cases Arising Out of Construction Incidents: 10Basic Concepts
This article discusses 10 basic concepts utilized in the prosecution of death and injury cases arising out of construction incidents. It is indisputable that construction ...
Recent Developments Regarding AB 1127
As discussed in my prior article, "Back to the Future for the New Millennium," Forum, Dec. 1999, AB 1127 instituted a number of fundamental changes ...
Calculating the Judgment on Jury Verdict: Where Art Meets the MathNightmare
INTRODUCTION Accurately evaluating economic and non-economic damages before verdict is an art form mastered by only the most experienced lawyer. However, such predictions are becoming ...
Admissibility of Subsequent Remedial Measures in a Premises or Construction Incident Case
You are in the middle of trial on a work-site injury case where the plaintiff is severely injured from a 20-foot fall following a collapse ...
Hooker and McKown: The Supreme Court Goes Back to Basics ForConstruction Litigation Cases
Not since 19791 has the California Supreme Court reviewed a case involving an injured construction worker and actually found that the defendant was liable for ...
The Myths of the Medical Malpractice Insurance “Crisis”
In the recent debates concerning medical malpractice insurance rates nationwide, the following saying comes to mind: "In this world, there are liars, damned liars, and ...
Two-Year Statute of Limitations
In January of 2003, the Legislature approved California Code of Civil Procedure § 335.1,1 which amended the one-year statute of limitations found in C.C.P. § ...
The Short Life of a Tort: A Brief History of the Independent Cause of Action for Spoliation of Evide
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 ...
Dynamex Could Mean a Win for Workers
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 ...
New California Law Eliminates Discriminatory Damage Awards: Rodriguez v. Kline is No More
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.) ...
