When there are more claimants under a defendant’s auto liability policy coverage than the amount of the defendant’s coverage limits, the “not enough to go around” problem arises. Let’s take a typical scenario in an auto collision personal injury matter in which there are three claimants (injured people), but the responsible defendant has an auto liability insurance coverage of $25,000/person, … Read More
Doctors Beware of Phone Scams
According to the California Department of Consumer Affairs, a new fraud scheme aimed at licensees of the state, including the Medical and Osteopathic Boards of California, is making the rounds. Callers pretend to be Board investigators, threaten arrest or suspension of a medical license, and then demand money to resolve the matter. Don’t fall for this! And, for those of … Read More
Jeff Slack as Partner
Janssen Malloy LLP is pleased to announce the elevation of Jeff Slack to partner. With an interest in land use and business law, Jeff took over the firm’s dynamic cannabis regulatory practice, steering a multitude of clients through the permitting and licensing process. He also represents clients in real estate and transactional matters, and he advises on all aspects of … Read More
Stacking of UIM Coverages: Not a New Board Game
Most people don’t think of uninsured (“UM”)/underinsured (“UIM”) coverages when they hear the word “stacking;” but California’s Insurance Code prohibits “stacking” of UM/UIM coverages. UM/UIM coverages become important when a person is injured by someone operating a motor vehicle who is uninsured or underinsured. Suppose our client is hit by an uninsured driver (often the case with drunk driver defendants); … Read More
The U.S. Government is the Defendant: How to Proceed
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