May 2011

$800,000 Settlement for Hand Crush Injury

Janssen Law Firm partner, Michael J. Crowley, recently settled a log landing hand crush injury case for $800,000.00.  Log truck driver, Richard Neves, was in the process of attaching a second trailer to an already loaded trailer stacked full of redwood logs when the heel boom operator unsafely lifted the grapples of the loader, causing Mr. Neves’ hand to be crushed against a redwood log.  The defendant disputed both liability and damages until shortly before trial.


Freedom of Information Act and DUIs

The same information act used to seek breath testing equipment in Humboldt County DUIs is now being used to seek Bin Laden pictures.  In cases involving allegations of driving under the influence we have successfully challenged the results of certain breath and blood testing equipment by requesting all documents concerning testing of those machines for accuracy.   We have been able to obtain important testing documents through Freedom of Information Act (FOIA) requests.  It was recently discovered that both the Eureka Police Department and Department of Justice breath testing devices were c


Distributing “cy pres” Funds

In recent class action cases that we have filed in Humboldt County and in other counties we’ve had occasion where all the funds have not been claimed after the claim process was finished.  We’ve been asked what is done with those remaining funds.

When a balance of class recovery remains after distribution to the individual class members, the court is faced with the issue of how to dispose of the remaining balance of the common fund.


What is a "disabled" employee under FEHA?

California’s Fair Employment and Housing Act (“FEHA”) prohibits employment discrimination based on a disability, real or perceived.  In employment discrimination cases, it is the employee’s burden to demonstrate that he/she (1) suffered from a disability, (2) could perform the essential duties of the job with or without reasonable accommodation, and (3) suffered an adverse employment action (termination, demotion, etc.) because of the real or perceived disability.