Legal Developments

Legal Developments

8/9/2011
By Benjamin J. Howard Many of us actively manage our digital identity, but what about our digital legacy?
5/14/2011
California law currently recognizes three basic types of agreements involving marriage: Premarital Agreements, Marital Agreements, and Marital Settlement Agreements. As of January 1, 2005, these agreements are also applicable to lawful domestic partnerships.[1] Marital agreements are executed by spouses during marriage and affect marital rights and obligations in an ongoing marriage. Marriage settlement agreements are executed to resolve the parties’ marital and property rights and...
5/1/2011
The Americans with Disabilities Act (ADA) prohibits discrimination in a wide range of areas, including employment, public services, and public accommodations for people who are deemed to have a disability.
4/15/2011
Arbitration agreements have been used by California healthcare providers for almost eighty years as an alternative to the civil court litigation system. Arbitration can sometimes resolve medical malpractice disputes faster and at less cost than jury trials. The role of arbitration agreements in wrongful death cases has just expanded.
4/1/2011
We have all been through it. We have endured misery at the hands of our neighbors. Whether it is coming home to relentless noise through the walls, pet owners not cleaning up after their dog’s mess on the common areas, cigarette smoke wafting through the window from the Marlborough man next door, the tacky fuscia paint job adorning the front door of the sweet old lady across the street, the prickly pear bushes planted down the street that the Santa Anas blow on your yard...
1/30/2011
Health care professionals may be surprised to learn there is a legal cause of action that allows a bystander who witnessed negligent treatment to a patient to sue for their own emotional distress. In California, a bystander who witnesses the negligent infliction of death or injury of another may recover for resulting emotional trauma even though he or she did not fear imminent physical harm. (See Dillon v. Legg (1968) 68 Cal. 2d 728, 746-747.)
12/15/2010
The Dangers Social Media and Blogging Pose to Your Medical Malpractice Suit By Benjamin J. Howard
12/1/2010
Physicians strive to receive the best result for their patients. But do they put the same effort into their bedside manner? Both are important in preventing medical malpractice claims. By Benjamin J. Howard