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
Janssen Malloy LLP Open (Remotely) for Business, to Help you and Your Business
Janssen Malloy’s Commitment to Humboldt County. Dear Friends, We want you to know that Janssen Malloy LLP is honoring the shelter in place order while remaining fully operational to serve the needs of our clients. The anxiety caused by rapidly changing circumstances has resulted in an unprecedented number of requests for healthcare and estate legal documents. Our entire Estates and … Read More
Paging Dr. Borello
In 2020, California suffered a legislative quake—one that shook the legal foundation of whether workers are classified as employees or independent contractors. Effective January 1, 2020, Assembly Bill 5 imposed a strict new test which results in most work relationships being those of employer-employee and not independent contractor. The law applies to all workers in California, with the exception of … Read More
Not Enough to Go Around: Now What?
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