Neil, Dymott, Frank, McCabe & Hudson, APLC

Legal Developments

A New Weapon Has Emerged in Defending Lawsuits Under the Americans with Disabilities Act

Unfortunately, lawsuits under the Americans with Disabilities Act (“ADA”) are becoming a fact of life for business in America. These lawsuits are not only costly but are difficult to defeat. The United States government has imposed a series of regulations ...

Use It or Lose It

Would you want another business to “freeload” off your business’ goodwill? If your business does not protect its trademarks and service marks, that is exactly what can happen. If another business wants to use your business’ mark, it can petition a court ...

Employers Need to Cope with Medical Leave Laws in 2007

If your company is subject to the California Family Rights Act (CFRA) or the Family and Medical Leave Act (FMLA), it is important to recognize these laws impose many obligations beyond the mere duty to provide leave to eligible employees ...

Tips for Hiring and 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 ...

Personal Liability for Retaliation is Yet Another Burden for Supervisors

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 ...

The 'Captain of the Ship' Doctrine Gets a New Set of Sails

Fields v. Yusuf A physician is not liable for the negligent actions of hospital employees and staff who are not employed by the physician. There are, however, two key instances where a physician can be held liable for a non-employee’s ...

Employer Investigations into Claims of Employment Discrimination: Are They Protected by Attorney-Client Privilege and Work Product Doctrine?

More and more these days employers are doing their due diligence when it comes to complaints from an employee about employment discrimination in the workplace. When an employee makes a claim against its employer regarding employment discrimination one of the ...

Preparing for Deposition as the Defendant Physician

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, ...

Recovery of Attorney’s Fees, A Benefit for the Public Good?

Earlier this year, the United States Supreme Court decided in AT&T Mobility Inc. v. Concepcion that companies can enforce a contract provision that requires customers to arbitrate their disputes individually. Many feared this decision could effectively end consumer class action lawsuits. This article discusses ...

Stop and Think Before Discussing Prior Healthcare

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 ...

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