This Month's Articles
Increasingly we are forced to counter new legal theories, both to protect our clients' interests and to preserve the integrity of the legal system. This month's articles show some examples.
Foreign Bodies. The statute of limitations might be tolled when a non-therapeutic medical device or object is left inside someone's body, but a subsequent medical examination might not toll the statute if it fails to discover the item. Click here to read more.
Reptilian Trial Tactics: Emotionally-manipulated claims which scare juries into thinking that an excessive plaintiff verdict is necessary to protect society from a defendant's "wrongful acts" must be stopped early on in the case. Click here to read more.
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Supreme Court Watch
In December 5, 2013, the California Supreme Court heard oral argument in Ennabe v. Manosa, Los Angeles County Superior Court Case No. KC053945.
The issue in Ennabe is whether a person who hosts a party at a residence, furnishes alcoholic beverages, and charges an admission fee to uninvited guests, should be deemed a "social host" who is immune from civil liability?
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On January 7, 2014, the California Supreme Court heard oral argument in Fahlen v. Sutter Center Valley Hospitals, Stanislaus County Superior Court Case No. 662696.
The issue in Fahlen is whether a physician must obtain a judgment through mandamus review, thus setting aside a hospital's decision to terminate privileges, before he or she may pursue a whistleblower retaliation action under Health & Safety Code Section 1278.5?
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Caselaw Highlights
Courts in California and Nevada have issued judicial opinions in a variety of recent matters which may affect our clients' interests. Click here to read more.
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Legal Quote
"Never tell your resolution beforehand, or it's twice as onerous a duty."
Honorable John Selden
Jurist and Legal Scholar (1584 - 1654)
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This newsletter is provided for informational purposes only. Its contents are not intended and should not be construed as legal advice. © Kramer, deBoer & Keane, LLP, 2014 all rights reserved
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