Category: Litigation / Personal Injury

Deadlines

A deadline is defined as a time limit, especially the time by which an article, etc. scheduled for publication must be completed. As my editor called to remind me about my deadline for this piece, I began thinking about the pain and loathing that have… Continue reading

Terminating Democracy?

Ah, California! If it didn’t exist, we’d have to invent it. Almost certainly, if the polls are to be believed, in the recall campaign the present Governor, Gray Davis, is yesterday’s headline, a goner! He is barely at a 25% approval rating and, at least… Continue reading

Gubernatorial Election Recall: A Historical Perspective

A state in economic crisis, job growth nonexistent, land values dropping, state population in decline for the first time and a narrowly-elected governor was being challenged to a recall election by the Republican Party. Sounds like those crazy Californians, right? Try North Dakota, circa 1921.… Continue reading

Consent Exceeded

A recent case involving pro football star Bill Romanowski illustrates the limits of “consent” as a defense in a personal injury case in the context of professional sports. In sporting events, whether professional or amateur, players are generally deemed by law to have consented to… Continue reading

Be Wary of Arbitration Clauses

As my partners know, I am not a fan of arbitrating disputes. The reasons are that generally the winners don’t win 100%, the losers don’t lose 100%, the decision is often a compromise, and if the case is complicated the period of time over which… Continue reading

Exceptions to the Statute of Limitations

It seems every rule of law is subject to an exception, and statutes of limitation are no different. While statutes of limitation are usually enforced strictly, under certain circumstances the statute of limitations for bringing a civil claim will be “tolled”, in other words, prevented… Continue reading

Good Faith/Bad Faith

In the context of religion, there is no such thing as good faith or bad faith – to each his own. In the world of insurance, however, a carrier has a duty to act in good faith and the concept of “bad faith” has a… Continue reading