Monterey Partner Christine Balbo Reed, obtained a defense verdict in the Alameda Superior Court case entitled Notarmaso v. Aaron’s Inc. Plaintiff and her two year old son allegedly received bedbug bites from previously leased bedroom furniture. Plaintiffs claimed bite injuries, shame and depression relating to the exposure and property damage. During the nine days of…

Issue By: Trevor W. Montgomery Yan Wang et al., v. Gregory Nibbelink, et al. Court of Appeal, Third Appellate District (October 13, 2016) Under Civil Code § 846, a landowner is shielded from liability from injuries to recreational users caused by any act of the recreational users themselves. This case considered whether a landowner would…

Issue by: Tom LoSavio Humana Medical Plan, Inc. v Western Heritage Insurance Company ____ F.3d ____ 2016 WL 4169120 (11th Circuit, August 8, 2016) The federal Medicare and Medicaid Acts have been called “among the most completely impenetrable texts within human experience.” Rehabilitation Ass’n of Virginia, Inc. v. Kozlowski (4th Cir. 1994) 42 F.3d 1444,…

Edited by: Charles Redfield Emma Esparza v. Kaweah Delta District Hospital Court of Appeal, Fifth Appellate District (September 21, 2016) The Government (Tort) Claims Act (the “Act”) mandates that all claims or damages against a public entity must be presented in writing to the public entity prior to filing a suit. Gov. Code §§ 810-996.6….

Issue By: Elizabeth I. Stewart Victor M. Regalado v. Jeffrey M. Callaghan Court of Appeal, Fourth Appellate District (September 22, 2016) Generally, when employees of independent contractors are injured in the workplace, they cannot sue the party that hired the contractor to do the work, but are instead limited to workers’ compensation as their sole…

Issue By: David L. Blinn The People ex rel. Allstate Insurance Company, et al. v. Daniel H. Dahan, et al. Court of Appeal, Second District (September 15, 2016) Under Section 1871.7 of the California Insurance Frauds Prevention Act (“IFPA”), members of the public are given authority to file private “qui tam” suits (on behalf of…

© 2017 LOW, BALL & LYNCH | DISCLAIMER | PRIVACY

CONNECT WITH US: