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
Compassionate Release Under 18 U.S.C. § 3582(c) – an Escape Hatch for Federal Prisoners
When Congress passed criminal justice reforms in the form of the First Step Act (Pub. L. 115-391) in 2018, no one could have foreseen its effect on federal prisoners in the coronavirus pandemic of 2020. Before the First Step Act passed, the Bureau of Prisons (typically the warden of a federal prison) could bring a motion to reduce a term … Read More
The CARE Act and Sealing Arrest Records
According to the California Department of Justice, in 2019 law enforcement made 7,113 arrests in Humboldt County. For many of those arrests, the District Attorney’s Office declined to file charges, or filed charges but later dismissed the case against the criminal defendant, leaving a paper trail showing that person was arrested, albeit never convicted. Employers are prohibited by law from … Read More
Janssen Malloy LLP welcomes back Willie Stein
Janssen Malloy LLP is proud and excited to announce the return of attorney William “Willie” H. Stein to the firm. Willie worked for us as an associate right after he graduated from University of California at Davis Law school, but we knew when we hired him we would only have him for a year, due to his previous commitment to … Read More
Janssen Malloy LLP Obtains $100,000 Policy Limit for Injured Bicyclist
Janssen Malloy LLP this week resolved an injured bicyclist’s case for the defendant’s $100,000 policy limits coverage. Our client was waiting for traffic to clear before crossing a street in Eureka when struck from behind by an inattentive motorist, suffering a complex shoulder fracture injury when thrown to the pavement. Our client’s injury involved three fractures to the humeral head … Read More
Real Estate During COVID-19
An understandable upshot of the COVID-19 pandemic is that many aspects of the real estate market are in flux. In some ways, business remains surprisingly close to normal, with local real estate brokers reporting a steady interest in selling and buying Humboldt County property. Of course, navigating the regulations and best practices applicable to brokers could merit a separate blog … Read More
Covid-19 Emergency Order for Inactive or Retired Doctors and Midwives
Earlier this year, Governor Newsome issued Executive Order N-39-20, which gave the Director of the Department of Consumer Affairs permission to waive professional licensing requirements for physicians, surgeons, and midwives during the Covid-19 emergency. As a result, the Director issued a waiver permitting reinstatement of inactive or retired licenses without having to pay fees or complete continuing education requirements for … Read More
“Drop Downs” in Auto Coverages: Another Reason to Have Underinsured (“UIM”) Coverage
Most people have never heard of a “drop down” provision or clause in auto liability insurance policies, or even given the idea any thought. But the existence of such provisions in a defendant’s auto liability policy can have a profound impact on the compensation available to an injured plaintiff. A “drop down” provision in an auto liability policy decreases the … Read More
Physician Relief Fund Available
Health care providers may get some relief from the $175 billion CARES Act Provider Relief Fund. The U.S. Department of Health and Human Services (HHS) recently announced a $20 billion round of funding for health care providers, to be dispersed based on a percentage of each provider’s 2018 net patient revenue. The funds are grants and will not need to … Read More
Litigating Remotely in the Age of Shelter in Place
The current shelter in place orders from the governor have affected businesses throughout California, and the legal profession is no exception. The Humboldt County Superior Court is closed, only handling criminal matters through remote “Zoom” appearances by counsel and defendants. Civil matters have been put on hold, jury trials continued, law and motion hearings rescheduled. The business of the civil … Read More