Articles

Articles

8/1/2007
By Hugh A. McCabe Although it may not always be the most pleasant aspect of the job, hiring and firing is an essential part of running every business. In order to prevent potential lawsuits, all employers should be aware of the following simple, although not always obvious, employment law tips.
7/16/2007
In 1998, the California Supreme Court ruled supervisors were not personally liable for damages resulting from wrongful termination or discrimination. The California Supreme Court recently granted review of Jones v. The Lodge at Torrey Pines where a supervisor was held personally liable for retaliation when an employee lost his job. Individual supervisors need to be aware their actions could put their personal assets at risk.
6/18/2007
The U.S. Supreme Court in a recent decision said employees claiming they received disparate treatment based on gender or race must do so within 180 days of the original discriminatory action -- not within 180 days of their last paycheck. The New York Times reported approximately 40,000 pay discrimination cases were brought between 2001 and 2006 and many of them will likely be barred by the Court’s new interpretation of Title VII of 1964 Civil Rights Act.
6/1/2007
By James A. McFall The aftermath of the September 11, 2001 attack on the World Trade Center (WTC) brought into focus a number of coverage issues that have previously not been confronted by the insurance industry or its customers. Terrorism by nature is a disruptive force. The resulting destruction is not just limited to physical damage but extends to far reaching, yet subtle, economic disruption.
4/16/2007
By Hugh A. McCabe Employers Need to be on Guard in the Workplace Employers need to be on guard to protect themselves against claims brought for employment discrimination based upon retaliation as California has a liberal view of the employee’s right to sue for retaliation.
3/1/2007
By David P. Burke The deposition of the defendant physician is critical to the successful defense of a medical malpractice or elder abuse claim.  The plaintiff takes the physician’s deposition to evaluate two things: the medicine and the witness talking about the medicine. Like most activities, the keys to the deposition are preparation and execution. The first article in this series will address four areas of preparation that will greatly assist the defense. ...
2/19/2007
By Hugh A. McCabe Attorney fees are often a driving force behind filing a lawsuit. In California, the general rule for attorney fees are each party to a lawsuit must ordinarily pay his or her own attorney fees, unless a specific statue provides otherwise. This premise has even been codified by California Legislature at Code of Civil Procedure section 1021.
1/1/2007
In today’s world, it is common for a patient to see several different doctors during a course of treatment. If careless with comments to patients regarding prior treatment, doctors may find themselves testifying in deposition and/or court. Doctors must realize that critical analysis of another physician’s treatment may become a significant component of a future malpractice claim against that physician.

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