When a person is injured through the negligence of an employee of the United States government, there are special procedural hoops to jump through to hold the government accountable and obtain just compensation. Claims against the United States government must be made pursuant to the Federal Tort Claims Act (“FTCA”), codified at 28 United States Code section 1346, et seq. … Read More
Advertising for Cannabis? Know the Rules
If you are going to be advertising your wares as a cannabis licensee, pay attention. Any advertising or promoting of commercial cannabis must identify the licensee responsible for the advertising content, including the responsible licensee’s state license number. In addition, all advertising and promoting of commercial cannabis must not: Be published or disseminated while a licensee’s license is suspended; Be … Read More
The California Medical Board’s Year in Review
The California Medical Board (“Board”) published its year in review for 2018-2019. The entire report can be found here(link is external). Of interest, the Board’s administrative actions against licensees have increased since last year, and the numbers of disciplinary outcomes—revocations and probations—has increased. And, even though the vertical enforcement model ended on January 1, 2019, the model is still used in … Read More
Beware of “Medicare” Scammers
The Medicare Open Enrollment Period is an annual period of time (ending December 7) when Medicare users decide whether to keep their coverage or go with another plan. It is also a time of increased scams directed at seniors, aimed at getting personal and billing information from seniors. Please gently remind the seniors in your life not to provide Medicare … Read More
Sexual Conduct Reporting to Professional Licensing Boards
It is now the law in California that all health care facilities and “other entities” report any written allegations of sexual abuse or misconduct, made by a patient, against a licensee within 15 days of receiving the complaint. The new law, which responds to USC’s gynecological patient scandal, began as Senate Bill 425 in the 2019 – 2020 legislative year, … Read More
Cannabis Business Updates at Both Federal Level and State Level
The Cannabis Industry got a big bump recently on the federal level with the passage of a bill in the House of Representatives that would allow banks to do business with cannabis related businesses. The Secure and Fair Enforcement Banking Act, known as the SAFE Banking Act, passed the House of Representatives on September 25, 2019 by a vote of … Read More
Has the Plaintiff Been “Made Whole?”
What happens when a person is seriously injured, but their medical expenses far exceed what can be recovered from the defendant’s insurance coverage? Can the injured person’s health insurance carrier get all the money back they paid for their medical care, even if that leaves the person not fully compensated (not “made whole”)? The language of the insurance contract itself … Read More
Janssen Malloy LLP’s Geographic Reach in Personal Injury Cases
We as a firm are proud of our roots in and connection to the Humboldt County community. It is no coincidence that our office looks out at the County Courthouse, a fact that becomes especially helpful when we are in trial across the street. However, while we are without a doubt a Humboldt County law firm, our practice and present-day … Read More
$1.5 Million Settlement in Motorcycle Hit & Run Case
Janssen Malloy LLP this month obtained a $1.5 million recovery for our client in a motorcycle crash hit and run case. While the Eureka Police Department initially listed the defendant hit and run driver as “unknown” (since he fled the scene of the collision), our investigation located the defendant, and we were able to prove liability and recover the limits … Read More
Sexual Harassment Training is Available—and Required by Law
January 1, 2020 is right around the corner. If you are an employer with five or more employees in California, you must provide at least two hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees. All nonsupervisory employees must receive at least one hour of classroom or other effective interactive training about … Read More