Janssen Malloy LLP last week resolved a motor vehicle personal injury matter for a quarter million dollars in a mediated settlement. Janssen Malloy LLP partner Michael Crowley handled the case, which involved numerous experts and contested issues of medical causation and future prognosis. The case arose from a 2017 incident in which our client was a passenger in a cab … Read More
Certain California Employers Now Required to Rehire Employees Laid Off Due to Pandemic
On Friday April 16, 2021, Governor Newsom signed Senate Bill 93 into law, creating rehire rights for certain Californians laid off due to Covid-19. The bill created California Labor Code section 2810.8 which requires employers in certain industries to notify laid off employees of all open job positions for which those employees are qualified. The employer must give the laid … Read More
You’ve heard of Negligence, but What is Negligence Per Se?
The term “negligence” is usually understood to be a failure to exercise the ordinary care of a prudent person. But what if the claim of negligence is based on a defendant’s violation of a statute, ordinance or public safety regulation? This is known as “negligence per se,” which presumes defendant’s duty and breach (failure to exercise due care); the only … Read More
AB 1950 Rewrites Probation Length
Continuing the decade-long criminal justice reform in California kicked off by AB 109, the so-called Realignment bill, AB 1950 limits, with several exceptions, the length of a term of probation in misdemeanor cases to one year and in felony cases to two years. As to misdemeanors, the most notable exception is that DUIs will continue to require a term of … Read More
More News for Employers in the Covid-19 Era
As of December 31, 2020, the federal Families First Coronavirus Response Act (“FFCRA”) and California’s COVID-19 supplemental paid sick leave (“CSPSL”) expired. California employers continue to have exclusion pay requirements under the Division of Occupational Safety and Health’s (“Cal/OSHA”) COVID-19 emergency temporary standards (“ETS”). And, although the FFCRA has expired, the Consolidated Appropriations Act, 2021 (“CAA”) extends tax credits to … Read More
Janssen Malloy LLP Partner Becomes Board Member
Janssen Malloy LLP partner Amelia Burroughs is the newest board member to the California Academy of Attorneys for Health Care Professionals. The Academy is an attorney organization whose members represent health care providers and hospital medical staffs in any number of administrative law matters, such as peer review, licensing, and other regulatory matters.
Questions About Immigration Status Are Off Limits in Personal Injury Cases
In 2016 California passed AB 2159, which vastly improves access to justice for personal injury and wrongful death plaintiffs who are undocumented. Codified as Evidence Code sections 351.2, the law states: “In a civil action for personal injury or wrongful death, evidence of a person’s immigration status shall not be admitted into evidence, nor shall discovery into a person’s immigration … Read More
Preserving Public Benefits for Seriously Injured Personal Injury Clients
Catastrophically injured people are faced with very difficult financial consequences, one of which can be the loss of eligibility for public benefits if they receive a recovery in a personal injury action. Often, the achievable recovery falls short of what would fairly compensate them, especially when their injuries are permanent, such as significant traumatic brain injury (“TBI”) or amputation of … Read More
Happy Holidays from Janssen Malloy LLP
The attorneys and staff at Janssen Malloy LLP would like to wish our fellow members of the North Coast community, and our clients, friends, and colleagues farther afield peace and good health this holiday season. To those who suffered loss this year, we extend our deepest sympathies and hope that the New Year will provide healing and renewal. In 2021 … Read More
Pursuing a Judgment: Debtor’s Exam
Most lawyers think obtaining a good trial result is the hard part, but in some cases there is a whole additional chapter to achieving justice and compensation for injured clients. Once the trial result becomes a judgment, and the judgment is recorded against the defendant, the next step is personally serving the judgment debtor with notice of a debtor’s exam. … Read More