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Recent Trends in Employer Violations Leading to Litigation in California

Stephen Danz August 4, 2015

As the leading state for improving employee rights, California continues to set the bar for ground-breaking employment law litigation and legislation. With companies pushing toward greater efficiency with lower costs, spiraling economic pressures, and a charged political climate, a continued increase in the abuse of employees is inevitable. Accordingly, employees, and their counsel, must remain vigilant. The following areas are

Workers’ Compensation for Hearing Loss

Christopher Stefancik August 4, 2015

Take a moment and picture a typical workers’ compensation injury. What you probably did not picture was the violent assault of vibrating sound waves upon the delicate structures within the inner ear. In fact, workers exposed to hazardous noise within the workplace do not generally associate their loss of hearing to a work-related injury for which they may be entitled

“But the Federal Agent Seemed So Nice …”

Rob McGuire August 3, 2015

I’ve had the same conversation with a few fellow lawyers who serve clients in the corporate law world, “So my client got a call from a federal agent wanting to talk to them. … They said the agent sounded really nice. …” It’s right after they tell me how nice the FBI agent sounded that I tell them to have

When Home Improvement Providers Don’t Play Fair

Sam Dreiling August 3, 2015

Because it would be unjust for a consumer to receive home improvement services without paying compensation to the provider, actions involving mechanic’s and materialmen’s liens are commonplace in Tennessee courts. When a home improvement service provider doesn’t play fair, The Tennessee Consumer Protection Act (TCPA) can be a useful tool for consumers. TCA § 47-18-101, et. seq. While a review

Clients With Big Medical Bills Asking for Advice? Teach Them To Be Their Own Advocates

David Holt June 30, 2015

We have all seen it. Your client has outstanding big medical bills and the topic weaves its way into the conversation. So how do you help? Here’s a quick overview of advice that will point your client in the right direction. Tip #1 – Learn how to spot billing errors without any knowledge of complex coding. According to an article

Non-Vaccination: A Litigation Outbreak

Ashton Hyde June 29, 2015

This past year, the United States experienced a multistate measles outbreak raising the question: can parents be held liable for electing not to vaccinate their children? Vaccination is a widely debated issue in the United States with more and more parents choosing not to vaccinate their children. Most vaccination series cannot be completed until a child is nearly 2 years

An Answer to the Intentional Tortfeasor Question

Paul Shakespear June 29, 2015

After years of defending product liability and other tort cases in Nevada, I find Utah’s allocation of fault system refreshing. In Nevada, product liability defendants and some other tort defendants are subject to joint and several liability. Utah product liability defendants, in contrast, are responsible only for their percentage of fault as determined by Utah Code section 78B-5-819. Nevada courts

Life Care Plans and the Patient Protection & Affordable Care Act

Bret Perry May 14, 2015

Future medical expenses often represent a significant portion of damage awards in medical malpractice and personal injury actions. Often, following trial, the injured party will require medical care and treatment into the foreseeable future. Consequently, medical experts and life care planners attempt to quantify the medical needs and associated costs in a line item fashion as an element of economic

Can a Retailer or Distributor Be Liable for a Product It Didn’t Design or Manufacture?

Elisabeth McOmber April 30, 2015

The short answer is – it depends. Utah case law has established what is commonly referred to as the passive retailer doctrine. This doctrine creates an exception to Utah’s Product Liability Act, which states that a manufacturer or seller of a product may be held liable for injury caused by the product if found to be defective and unreasonably dangerous.

Utah’s Causes of Action in Products Liability Cases

Douglas Cannon April 30, 2015

In 1979, the Utah Supreme Court in Ernest W. Hahn, Inc. v. Armco Steel Co., 601 P.2d 152 (1979) adopted the doctrine of strict liability as set out in the Restatement of Torts 2d, Section 402A. This section imposes liability in tort without proof of negligence upon “one who sells any product in a defective condition unreasonably dangerous to the

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