Neil, Dymott, Frank, McCabe & Hudson, APLC

Legal Developments

California's Expedited Jury Trials Act: A Silver Bullet for Backlogged Courts and Costly Jury Trials?

As civil litigants throughout California and the nation know very well, litigation is time consuming and extremely expensive. New York and South Carolina have recently enacted expedited trial systems. These systems streamline the jury trial process and help ease the financial burden ...

Transitional Healthcare Reform: Are Pre-Existing Conditions Already a Thing of the Past?

Through all the propaganda and partisan sound bites healthcare reform has received in the last two years, one thing is certain: the Patient Protection and Affordable Care Act will radically transform the U.S. healthcare system. The most significant change under ...

Medical Malpractice Suits are Up - How to Communicate to Avoid Being Sued

The National Practitioner Data Bank (“NPDB”) guidelines mandate, “Each entity that makes a payment for the benefit of a health care practitioner in settlement of, or in satisfaction in whole or in part of, a written claim or judgment for ...

Addressing Non-Compete Agreements from An Employer's Perspective

Employers operating in California should all be familiar with California Business & Professions Code Section 16600, which prohibits non-compete agreements as against public policy. Except for non-compete agreements arising out of the sale of a business or dissolution of a partnership, ...

Making Decisions About Future Health: Why I Need an Advance Health Care Directive

In today’s world, there is a never-ending supply of diet tips and suggestions for proper ways to work out and take care of the body. While the focus is on keeping healthy now, less attention is aimed at health care needs ...

Assessing Settlement and a Plaintiff's Right to Recover Economic Damages - APPEAL

Assessing Settlement and a Plaintiff's Right to Recover Economic Damages - APPEAL Howell v. Hamilton Meats & Provisions, Inc. Howell is now on appeal to the California Supreme Court. In the interim, Howell will perhaps most significantly impact settlement negotiations. ...

"I Agreed to What?!" - Emails As Binding Contracts

What does the average person envision when they think about the process of preparing and entering in a contractual arrangement? Well, based on every movie I saw in the 80’s, it consists of numerous people in business attire sitting across from ...

Tips for Hiring & Firing - What Every Business Owner Should Know

Although it may not always be the most pleasant aspect of the job, hiring and firing is an essential part of running every business. To prevent potential lawsuits, all employers should be aware of the following simple, although not always ...

Do the Changes to the California's "No Contest" Clause Affect Me?

A “no contest” clause is a provision in a will, trust, or other instrument, stating a person who contests or attacks the instrument will take nothing under the instrument, or in the alternative, may take a reduced share. Thus, a “no ...

The Telephone Consumer Protection Act: A Billion Dollar Statute in the Making

Congress enacted the Telephone Consumer Protection Act (“TCPA”) with the intent of stopping technology savvy telemarketers from making excessive calls. However, this statute can create enormous liability with minimal proof against anyone who uses an automated dialer. Among its provisions, ...

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