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Potential Impact of Concussion Biomarker on Litigation

April 18, 2017

In cases involving a concussion injury, issues of proof can often arise regarding the existence or severity of a concussion.  A recent study appears to have made a large leap in creating a reliable test to establish whether someone has a concussion (aka: a mild traumatic brain injury), making the link between wrongful conduct and …

A Defendant Cannot Compel Vocational Examinations of An Injured Plaintiff in California

April 6, 2017

Where a personal injury case involves permanent injury or loss of earning capacity, vocational rehabilitation experts are often retained by each side to opine about the Plaintiff’s ability to work and earn a living.  A recent California Court of Appeal decision, Haniff v. Sup. Ct. (Hohman) (2017) 214 Cal.Rptr.3d 844, holds that a defendant in …

Homeowners Insurance Coverage For Wrongful Death Under California Law

March 31, 2017

In a wrongful death action, the availability of insurance coverage under a homeowners policy is a critical but often complicated question.  Difficult coverage issues can arise where the death was the result of an intentional or criminal act, or the manner of death otherwise implicates a policy exclusion. Generally speaking, where a death results from …

Rescission Of Life Insurance After Death Under California Law

March 21, 2017

When a person whose life is insured under a life insurance policy dies, insurance company’s sometimes seek to deny the insurance claim by rescinding the policy based on misstatements in the insurance application. A denial based on rescission of a life insurance policy poses evidentiary challenges, as the rescission is usually based on alleged misstatements …

Release of Liability and Assumption of Risk For Recreational Activities In California

March 17, 2017

Often when a person signs up for a new recreational activity, he or she must agree to a waiver, release of liability, or some other contract that limits our rights vis-à-vis the other party.  If an accident occurs, a question often arises regarding the effect of these provisions.  In Anderson v. Fitness International, LLC, (2016) …