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Category Archives: Courts

SHOULD SETTLEMENTS BE CONFIDENTIAL?

By Dennis Stout |

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

By Sara Morgan |

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 »

The Duty to Disclose STDs — The One that Never Goes Away

By Richard Irwin |

In a recent local case [Behr v. Redmond, (2011) 193 Cal. App. 4th 517], the plaintiff sued the defendant for damages arising from the alleged tortious transmission of genital herpes. Essentially, the plaintiff alleged that the defendant committed fraud when he misrepresented to her that he was free of STDs, knowing this to be… Read More »

COURTS IN CHAOS

By Dennis Stout |

Heiting & Irwin Over the past week the Los Angeles Superior Court system has announced the closure of four civil courtrooms in Pomona. The San Bernardino Superior Court system is apparently mulling over its options in the face of budget cuts, expected to be reached up to 18 percent. Similar courtroom closures or furlough… Read More »

KNOW YOUR LIMITATIONS

By Dennis Stout |

Heiting & Irwin “Statutes of Limitations” are the laws which place a time limit upon the length of time one has to file a lawsuit, whether it be a civil complaint or the prosecution of someone for committing a crime. The time limits vary depending upon the nature of the claim or the crime… Read More »

Slander Conviction Being Appealed by Knox

By Sara Morgan |

Recent reports indicate that former exchange student, Amanda Knox, has filed an appeal of her conviction in Italy for slander (click link here). It is alleged that Knox slandered an Italian bar owner during the course of the investigation into the murder of Meredith Kercher, for which Knox was convicted but later freed. Apparently,… Read More »

The Benefits of a Large Auto Insurance Policy

By Jean-Simon Serrano |

If you own and drive a car in California, not only does the law require that you have auto insurance, it is also a good idea. Technically, the law doesn’t require you to have an auto insurance policy. In fact, as an alternative to insurance, one can post with the DMV a thirty-five thousand… Read More »

UNITED STATES CONSTITUTION 7TH AMENDMENT. THE RIGHT TO TRIAL BY JURY.

By James Heiting |

“In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law,” (United States Constitution, Amendment… Read More »

Commitment to Service: Orange County’s High School Mock Trial Competition

By Sara Morgan |

I recently had the pleasure of observing (and scoring) a mock trial competition in Orange County. That evening, myself and the other legal professionals, judges, and volunteers rallied at the end of our long day to kick off the opening round of the 31st Annual Orange County High School Mock Trial Competition, organized by… Read More »

What Factors Determine Noneconomic Damages in Personal Injury Cases?

By Sara Morgan |

Recently, I was asked by a reporter, “what factors determine noneconomic damages in personal injury cases?” Noneconomic damages are individualized and not subject to formula and standardization, especially for larger cases. Damages are dependent on the circumstances and apparent motivations of the individuals involved. The jury will evaluate these factors in developing their impressions… Read More »

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