California law actually prevents employers from requiring access to an employee’s social media as a condition of employment. California Labor Code section 980 very specifically limits an employer’s access – except where (1) access is required for an employer-issued device, or (2) an employer reasonably believes the employee’s social media to be relevant to an investigation of allegations of employee … Read More
Motorcycle Crash Case Settles for $300,000
Janssen Malloy LLP partner Michael J. Crowley last week settled a motorcycle/truck collision case for the defendants’ $300,000 liability insurance policy limit. Christopher Brimley was riding his motorcycle northbound on R Street in Eureka onto the Samoa Bridge when a southbound truck suddenly and illegally turned left in front of him just before the intersection of R Street and 4th … Read More
Oregon Jail Death Case Settlement
Janssen Malloy attorneys Michael Crowley and Megan Yarnall recently negotiated a $450,000 settlement with the City of Cottage Grove, Oregon in a civil rights lawsuit filed following the May 2012 death of twenty four year old Nathan Cooper in the Cottage Grove Municipal Jail. Mr. Cooper was in custody serving a ten day sentence for possession of a single Xanax … Read More
Devil’s Playground Accident Settlement
Janssen Malloy’s Patrik Gregio recently negotiated a $400,000 settlement with the City of Eureka for a client, Kathleen Anderson, who was injured in an accident at Devil’s Playground behind the Bayshore Mall in Eureka . Prior to the settlement the case went to trial on liability, and Ms. Anderson received a jury verdict finding the City to have been 70% … Read More
Nursing Home Rights at Admission
If you or a loved one is entering a skilled nursing facility (“SNF”) in California for any length of time, you may be asked to sign an arbitration agreement with the SNF. Typically, such agreements are presented at the time of admission or just prior. Arbitration agreements typically are those that waive a SNF resident’s rights under the law—like the … Read More
Land Use Law – Judge Twice?
With the ongoing drought and the endless debate over responsible development, land use law is a fertile field of confusion, controversy, and contempt. Municipalities, counties, community services districts, and the state each have their own set of rules and regulations, and navigating the myriad laws can be the bane of anyone taking on a development project or petitioning a city … Read More
Independent Contractors Get an Uber Lyft
In mid-March, two federal court judges in Northern California determined that juries will decide the question of whether the drivers for the ride services Uber and Lyft have been misclassified by those services as independent contractors. Employee plaintiffs in each case are alleging that they—and a class of similarly situated drivers—should be classified as employees. The two cases are Cotter v. … Read More
Transferring a Salmon Permit from a Lost Vessel
The California Department of Fish and Wildlife regulates and facilitates the issuance, maintenance, and transfers of California commercial salmon permits. In general, permits can be transferred between vessels in certain circumstances, including upon the loss, theft, or destruction of the permitted vessel. Transfers following one of these events, however, are subject to strict restrictions and time limits. Applications to transfer … Read More
Auto Insurance Policy Med-Pay: What is it?
Most California automobile insurance liability policies include (or offer to include) medical payments coverage, or “med-pay,” for short. Most people aren’t familiar with med-pay coverages, don’t know whether they have this coverage, and don’t know how to open up or engage such coverage, even though they have paid a premium for it. This column will address and explain the concept, … Read More
County Road Provides Unsafe Sight Distance
Janssen Malloy LLP recently tried a case against CalTrans and State Parks for failing to provide sufficient sight distance at the exit for Grizzly Creek State Park. Based upon a recent decision by the California Supreme Court a case against Lost Angeles County will head to trial based upon a dangerous condition caused by an inadequate sight distance. The California … Read More