Neil, Dymott, Frank, McCabe & Hudson, APLC

Legal Developments

Practical Considerations in International Products Liability Litigation

Every attorney reading this article is familiar with the recent firestorm over defective products from China. These defects range from lead paint to exploding tires and in several cases resulted in significant personal injuries. The FDA is charged with inspecting ...

Liability/Indemnity Among Multiple Defendants: Considerations When Contemplating Settlement Before Trial

A transportation company subcontracts to XYZ Freight to haul widgets. XYZ Freight, in turn, contracts with a driver to transport the widgets from San Diego to Redding, CA. While en route, a cotter pin on the braking mechanism fails, causing ...

Estate Tax and Death

Many people do not understand the federal estate tax. Many people are also confused as to whether the executor of his/her estate will be required to pay estate tax. Proper estate planning can help eliminate and/or reduce the amount of ...

Consider Your Liability Then Your Appeal

Imagine a customer with a physical disability drive into the parking lot of your business. He notices faded blue paint outlining a disabled parking space. He never leaves his car and drives home. Are you aware he could now sue ...

As Your Small Business Grows, It's Time to Think About Incorporating

Many small businesses begin as a sole proprietorship or a partnership between friends or business associates. It is usually an easier way to get a business up and running. Yet as your business grows: incurring debt, acquiring assets, taking on ...

The Anatomy of an ADA Lawsuit

The Americans with Disabilities Act was enacted with the purpose of eliminating discrimination against persons with disabilities. However, the ADA is sometimes used by a few disabled individuals and organizations who file numerous lawsuits to obtain quick settlements from smaller ...

U.S. Businesses Subject to Alien Attack

Although the sensationalist title of this article suggests the next big budget sci-fi blockbuster from Will Smith or an issue of the Weekly World News, it addresses a topic many business owners consider all-out warfare on their interests. Did you ...

Pre-Employment Screening: It Pays to be Cautious

In today’s world an employer can spend considerable time and money going through the hiring process to find the right employee. While this process can be tedious, it is important to find the right fit for your business and hopefully ...

Too Little Too Late: Conditioning Reimbursement of Attorney's Fees on Participation in Mediation

Real Estate and Purchase Agreements in most states, such as California, often condition the recovery of attorney fees on participation in mediation, and parties must mediate in a timely fashion, or they waive their right to recover attorney fees. The ...

Driving Away Reimbursement Claims

California Labor Code section 2802 requires an employer to reimburse employees for all expenses which were necessarily incurred in the course of employment. While this is a relatively straight-forward statute, it may not always be easy to apply in business. The ...

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