Civil Action with Brian & Shant
Government
Brian and Shant discuss the following cases:
Legal Match.com Matter: The attorney defendant was sued by a legal referral website for unpaid bills, but counterclaimed arguing that the contact was illegal and therefore unenforceable because the company was not registered with the State Bar as a referral service. The website argued that they are not a referral service because do not screen potential clients, but rather just provided a contact list. The Court of Appeal rejected the website’s argument.
Karnofsky v. At Your Door Self-Storage: Plaintiff signed agreement with storage facility that he assumed responsibility. Storage facility also offered insurance to cover for risk of loss. The court finds that this behavior is a legal shifting of the risk and Plaintiff cannot proceed in his lawsuit for claims of water damage against storage facility.
Chen v. Los Angeles Truck Centers: Fatal bus accident involving a tour bus where a California driver from a California tour company leaves from Nevada to Arizona. The tour bus was sold by an Indiana manufacturer who was originally named in the lawsuit. Brian and Shant dissect this rather perplexing law-school-exam-like fact pattern to analyze the Court’s conclusion that Indiana law governs the case. The Court holds that the law governing the case at the outset of the litigation remains the applicable law even if a party from that state is subsequently dismissed.
County of Ventura v. Public Employment Relations Board: SCIU was to organize non-physician employees at a private medical center in Ventura. The Public Employment Relations Board reasoned that the clinic employees are joint employees of the county. The county argues that the employees are private and are not entitled to unionize. Ultimately, the control factor is the main issue – if the entity retains control over the employer it looks to factors to determine the level of control over the employee.
Episode 76: What Your Expert Witnesses Want You to Know
Episode 75: Tort Reform, Ron DeSantis, Remote Appearance, and AI
Episode 74: Starting Your Own Firm with Alexandra Steele Cooper.
Episode 73: Dr. Sohee Jun on Women and Imposter Syndrome in the Law
Episode 72: Court Reporter Crisis and Disney v. DeSantis
Episode 71: Working with Victims of Sexual Abuse
Episode 70: Annie Martin-McDonough Talks the Tort of Seduction
Episode 69: Gender Bias: A Conversation with Anastasia Mazzella and Marina Pacheco
Episode 68: Figuring Out Insurance Policy Limits In Your PI Case with Stephanie Charlin.
Episode 67: Can you pop the Lid On a UM/UIM Policy?
Episode 66: Sexual Abuse Case Filing Process for Statute 340.1
Episode 65: Why Corporate America Wants a Conservative Supreme Court.
Episode 64: PAGA - What just happened here?
63: Harry Plotkin Shares His Thoughts On the Significance of Proper Jury Selection to Win Cases.
62: The Future of Law School: A Conversation With Michael Waterstone, Dean of Loyola Law School, Los Angeles.
61: What a PI Lawyer Needs To Know About Family Law. A conversation with Ron Brot.
60: Is PAGA in Trouble?
59: Popping the Policy – Developments in Insurance Bad Faith Law
58. Civil Procedure Cases Pt. 4
57. Insurance Cases Pt. 2
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