Category: Litigation / Personal Injury

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