Nov 12 by Ralph L. Jacobson

Seeking punitive damages in California drunk driving accident cases

In motor vehicle personal injury or wrongful death cases where the responsible driver was allegedly intoxicated, the injured plaintiff may want to consider seeking an award of punitive (or exemplary) damages against that driver. While the defendant’s insurer bears no obligation to pay such damages, sometimes the presence of such a claim can create a…

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Dec 04 by Ralph L. Jacobson

Public access to court records vs. litigant privacy: leveling the playing field

Pursuant to Rule of Court 2.550(c) and its predecessor, California court records have long been “presumed to be open” to the public, absent exceptions for confidentiality required by law. But even ten or fifteen years ago, accessing civil court records in California and elsewhere was an arduous task. It took a great deal of effort…

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Jan 30 by Ralph L. Jacobson

How to seal a record in a civil case

Almost two months after a jury verdict finding a public entity liable for decedent’s wrongful death, counsel for both sides finally agreed at a post-trial mediation, tentatively, to settle the matter; but they faced a unique dilemma. The jury had awarded a substantial verdict for the plaintiff at trial. Yet there remained significant risks facing…

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Dec 27 by jason

How do I sue for wrongful death damages in California?

You start by making sure you file the case within the time period that you’re allowed to file the case in. Generally two years from the date of the death if you are an adult and if it’s not against a public entity and then other specific time limitations that differ. Once you’ve determined that,…

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Sep 04 by Ralph L. Jacobson

Identifying proper defendants in California truck accident cases

Ascertaining the identity of potentially responsible defendants in a commercial trucking accident case can be challenging. Particularly in cases where the truck involved in the accident might be underinsured in light of the injuries and damages that occurred to Plaintiffs, identifying all responsible defendants is of the utmost importance. In the trucking industry, independent contractors…

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Oct 05 by jason

Motorist strikes cyclist, threatens to sue for damage to vehicle

The battle between cars and bikes rages on, as the insurance company of a New Zealand motorist attempted to sue a cyclist for vehicle damage occurring after the driver struck the cyclist while making a u-turn. Following a November collision in which Auckland engineer Oisin Frost was hit by a motorist while cycling, the at-fault…

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Jul 06 by jason

What Strava’s pending lawsuit could mean for the company and its users

Strava is currently being sued by the family of a 41-year-old engineer from Oakland, CA who died two years ago while trying to better a ‘King of the Mountains’ record. At the time of his death, William ‘Kim’ Flint was riding a segment in Berkeley’s Tilden Park at 10 miles per hour over the road’s…

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