Recent Blog Posts
CHAOS IN COURTS CONTINUES
The domino effect of the budget shortfalls in the State of California court system continues to develop. Previously the Los Angeles Superior Court system announced the closure of four civil courtrooms in Pomona. Most recently, the San Bernardino County Superior Court system has announced that the entire Chino courthouse will close effective January 1,… Read More »
A Remedy Remains: “Stolen Valor” is Still Fraud
Although the Supreme Court recently overturned the Stolen Valor Act of 2006, there are still legal consequences for lying about receiving awards and medals won through military service. Indeed, the ruling in U.S. v. Alvarez does not constitute an endorsement for stealing valor. Instead, in finding the Act unconstitutional, the Court determined only that… Read More »
WHAT TO DO AFTER A WORK RELATED INJURY
The general and safe response is that all injuries should be handled the same way, however, that methodology may not be practical in the course of your work day. Any injury that causes you to believe that you need the care of a doctor should be reported immediately. The person(s) that is considered your… Read More »
Five Things To Do After an Accident
Should you have the misfortune of being involved in an auto accident, it is important that you gather information and undertake a few responsibilities. These are the most important steps to take following a collision. Click here for a useful form that you can keep in your vehicle. This form will help you gather… Read More »
ARE LAWSUIT SETTLEMENTS TAXABLE?
The simple answer to the question regarding the tax consequences of a settlement claim is it all depends on the nature of the settlement! Generally speaking, settlement money received from cases involving personal physical injury or physical sickness can be excluded from taxation (IRS Code sect. 104(a)(2)). Certain other types of settlement awards, (considering… Read More »
IS THE EMPLOYER RESPONSIBLE FOR INJURIES THAT OCCUR ON THE WAY TO OR FROM A MEDICAL APPOINTMENT?
An employer bears the risk of incurring compensability liability under the California Workers’ Compensation Act for an injury suffered in route to or from a medical appointment related to an existing compensable injury. If an employee suffers a new injury while traveling a reasonable distance, to or from a medical appointment for an existing… Read More »
NOT IN MY CAR: WHY THE REPAIR SHOP WILL BE LIABLE FOR A JOY RIDE
A coffee-run to my local Starbucks (Brockton and Arlington) prompted my last article about the liability of an automotive repair or service shop for damage to a vehicle left in its care. Since posting my last article, I am happy to report that I have not seen any other mechanics using customer’s cars to… Read More »
NOT IN MY CAR: Why the Test Drive Should be Limited to Testing
One recent morning while leaving my local Starbucks drive-thru, I waited while two men wearing mechanic uniforms crossed the parking lot to what I assumed was their vehicle. I thought nothing more of this until, several days later, I saw the same men, again clad in uniforms, only this time walking to a different… Read More »
SHOULD SETTLEMENTS BE CONFIDENTIAL?
Heiting & Irwin You have sustained an injury or some form of damage, filed and prosecuted your Complaint, and have now reached a settlement with the adverse party. Upon receipt of the Settlement Agreement and Release, the defendant requests that the settlement be deemed confidential, that the nature of the settlement, its terms, and… Read More »
VIRTUAL PRESENCE NOT SUFFICIENT BASIS FOR LIABILITY
The sender of a text message was granted summary judgment against plaintiffs in a New Jersey personal injury action in which the recipient, while reading that text message, sideswiped the motorcycle driven by the plaintiffs. The plaintiffs, a husband and wife who both lost their left leg in the collision, named both the driver… Read More »
