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
Has the Plaintiff Been “Made Whole?”
What happens when a person is seriously injured, but their medical expenses far exceed what can be recovered from the defendant’s insurance coverage? Can the injured person’s health insurance carrier get all the money back they paid for their medical care, even if that leaves the person not fully compensated (not “made whole”)? The language of the insurance contract itself … Read More
Janssen Malloy LLP’s Geographic Reach in Personal Injury Cases
We as a firm are proud of our roots in and connection to the Humboldt County community. It is no coincidence that our office looks out at the County Courthouse, a fact that becomes especially helpful when we are in trial across the street. However, while we are without a doubt a Humboldt County law firm, our practice and present-day … Read More
$1.5 Million Settlement in Motorcycle Hit & Run Case
Janssen Malloy LLP this month obtained a $1.5 million recovery for our client in a motorcycle crash hit and run case. While the Eureka Police Department initially listed the defendant hit and run driver as “unknown” (since he fled the scene of the collision), our investigation located the defendant, and we were able to prove liability and recover the limits … Read More
Sexual Harassment Training is Available—and Required by Law
January 1, 2020 is right around the corner. If you are an employer with five or more employees in California, you must provide at least two hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees. All nonsupervisory employees must receive at least one hour of classroom or other effective interactive training about … Read More
Death Certificate Project Continues at the California Medical Board
Recently, the Medical Board of California reported on the efficacy of its self-styled “death certificate project.” As you’ve likely heard, the Medical Board’s project uses California data regarding deaths to identify physicians associated with opioid prescriptions to deceased patients. The Medical Board’s purpose is to investigate whether physicians violated the law. Since its inception, 23% of the Medical Board’s death … Read More
DEA Won’t Dial for Dollars
Last week, the Medical Board of California warned its licensees of a telephone scam in which people posing as DEA agents telephone California physicians and demand money to address investigations into prescribing practices. If you receive such a call, please immediately report the scam to the DEA using its Extortion Scam Online Reporting form, which can be found here: DEA Scam … Read More
Impaired Earning Capacity (not Just Lost Wages)
Most people are familiar with the idea of lost wages: wages or income lost due to injury, for example. Proving loss of future earnings in a personal injury case is not limited only to the amounts the injured person would have received in the future but for the injury; it also can include damages for “impaired earning capacity.” The former … Read More
Partition: a Litigation Tool to Solve Co-Ownership Problems
Imagine having the good fortune to own a piece of Humboldt County real property, but being stuck with a co-owner (other than a spouse) so difficult that owning the property becomes more of a liability than an asset. Unfortunately, this is a somewhat common occurrence. For example, two people in a romantic relationship but remaining unmarried might purchase a home … Read More