Attorney Fees Properly Awarded Where the Applicable Contract Authorizes An Award "In Any Dispute" by Barger & Wolen on 5/23/2012 In Toro Enterprises Inc. v. Pavement Recycling Systems Inc., 2012 Cal. App. LEXIS 519 (Cal. App. 2d Dist. Apr. 9, 2012) the California Court of Appeal for the Second Appellate District reversed the trial court and granted...more
The Michigan Supreme Court Comes Full Circle On The Effect Of The No Fault Act’s Minor/Insanity Tolling Provisions On The Act’s... by Warner Norcross & Judd - Appellate Practice... on 5/17/2012 In the 2006 decision in Cameron v Auto Club Ins Ass’n, a narrow majority of the Michigan Supreme Court found that the provisions of the No Fault Act that tolled the statute of limitations for minors/insanity did not prevent...more
Oregon Dog Bite Laws by Sean DuBois on 5/17/2012 Dogs can be man's best friend, and they can also be dangerous. Dangerous dogs should be kept away from people, especially children, and if they aren't, their owners can be held responsible and financially accountable. In...more
Oregon Laws for Pedestrian Right of Way by Sean DuBois on 5/17/2012 The laws surrounding pedestrian right of way can be complicated. You need to know 1) when to cross as a pedestrian and 2) when to yield as a motor vehicle driver. Violating any of these laws can cost you big - in both...more
Plaintiff Was Judicially Estopped From Pursuing A Sexual Harassment Claim Because Of Her Failure To Include The Lawsuit As A... by Warner Norcross & Judd - Appellate Practice... on 5/11/2012 A person can be judicially estopped from pursuing a sexual harassment claim based on her failure to include the lawsuit as a potential asset in a Chapter 13 bankruptcy proceeding. In Spohn v. Van Dyke Public Schools, the...more
What is a Car Accident Reconstruction? by Demas Law Group on 5/11/2012 Sorting out which driver is responsible for what happened during a car accident is tricky business. When severe injuries are involved and the vehicle occupants lose consciousness, their testimony may not be helpful in...more
Persuasive Memo Sample - Dog Bite Victim Example by Rebekah Carter on 5/10/2012 This is an example of my legal research and writing as a paralegal. I originally wrote this in my Paralegal certification course and received an A on it. I want to showcase this as an example of the quality, attention to...more
A Double Dose of Preemption by Dechert LLP on 5/9/2012 In medical device cases, preemption will hunt you down. In Hinkel v. St. Jude Medical, S.C. Inc., 2012 U.S. Dist. LEXIS 56322 (E.D. La. April 23, 2012), the plaintiff survived removal and discovery only to be caught by...more
California Recognizes Intentional Interference with an Expected Inheritance as a Valid Cause of Action by Hopkins & Carley on 5/9/2012 The Problem: So often a family member or friend is told by a Decedent that he will inherit some or all of an estate. The Decedent truly has that intention, but as he or she ages and becomes weak of mind, the Decedent is...more
Weekly Law Resume - April 26, 2012: Anti-SLAPP Attack to a Malicious Prosecution Action by Low, Ball & Lynch on 5/7/2012 Darin Johnson v. Ralph’s Grocery Company, et al. Court of Appeal, Fourth District (March 20, 2012) This case concerns two pre-answer challenges a defendant can make to the legal sufficiency of a plaintiff’s complaint:...more
Weekly Law Resume - May 3, 2012: Dangerous Condition of Public Property – Physical Characteristics of Property Combined with... by Low, Ball & Lynch on 5/7/2012 Sara Cole, et al. v. Town of Los Gatos, et al. California Court of Appeal, Sixth Appellate District (April 27, 2012) In many lawsuits alleging a dangerous condition of public property, the conduct of at least one of...more
Eleventh Circuit Determines That Some But Not All Claims Must Be Arbitrated by Cadwalader, Wickersham & Taft LLP on 5/4/2012 Jane Doe v. Princess Cruse Lines, Ltd., Jane Doe v. Princess Cruse Lines, Ltd., No. 10-10809 (11th Cir. 2011), addresses the important necessity of careful corporate drafting of international arbitration provisions, a topic...more
Summary Judgment May Not Be Granted In Elder Abuse Case When A Complete Defense Has Not Been Established by Kronick, Moskovitz, Tiedemann & Girard on 5/4/2012 In Knox v. Dean (--- Cal.Rptr.3d ----, Cal.App. 4 Dist., April 24, 2012), a California Court of Appeal considered whether summary judgment in an elder abuse charge against a conservator of an elderly man was correct. The...more
Sacramento DUI Suspect Faces a Trial by Demas Law Group on 5/3/2012 A trial date was set last week for the Folsom man who police say was driving under the influence of nitrous oxide when his car crashed into oncoming traffic, killing two men and injuring a third. Michael Dean Sharp, 22,...more
A Curb Cutout Is Part Of A County Highway, But Exists Outside Of The Portion Of The Highway Designed For Vehicular Travel And,... by Warner Norcross & Judd - Appellate Practice... on 5/3/2012 A curb cutout that runs from a sidewalk to abut a county road is part of a county highway, but exists outside of that portion of the highway designed by vehicular travel. This conclusion from the Court of Appeals through...more