Legal Articles: Porter Scott A Professional Corporation

 







Document(s) published by this organization: 20


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HTMLProving Medical Negligence
Jonathan A. Corr, Sara Sayles; Porter Scott A Professional Corporation;
Legal Alert/Article
March 11, 2015
Generally, negligence is the failure to exercise the care that a reasonable person would exercise under similar circumstances. In the medical context, a health care provider is negligent if he or she did not comply with the standard of care, or did not use the “reasonable degree of knowledge...

 

HTMLEnsuring the Enforceability of Settlement Agreements
Porter Scott A Professional Corporation;
Legal Alert/Article
March 11, 2015
When one or both parties refuse to abide by the terms of a settlement agreement, the party seeking an expeditious resolution may request the court to enforce the terms pursuant to section Civil Code of Procedure section 664.6. The enforceability of settlement agreements under section 664.6 rests on...

 

HTMLMaking the Legal World a Nicer Place
Nancy J. Sheehan; Porter Scott A Professional Corporation;
Legal Alert/Article
March 11, 2015
“Membership in the bar is a privilege burdened with conditions. A fair private and professional character is one of them.” These words were written by Justice Cardozo in 1917 and have been repeated many times since then in discussions about the need for civility and professionalism in...

 

HTMLSchool District Can Be Vicariously Liable In Cases of Employee-Student Sexual Assault
Carl L. Fessenden, Derek J. Haynes; Porter Scott A Professional Corporation;
Legal Alert/Article
March 11, 2015
The California Supreme Court recently issued its decision in C.A. v. William S. Hart Union High School District, holding that school districts can be vicariously liable for negligent hiring, supervision, and training in cases involving employee-student sexual assaults.

 

HTMLUrban Legend - Medicare Set-Asides for Third Party Liability Cases
Carl L. Fessenden, Heath Langle, Norman V. Prior; Porter Scott A Professional Corporation;
Legal Alert/Article
March 11, 2015
Since the Centers for Medicare and Medicaid Services (CMS) introduced mandatory electronic reporting requirements for all liability carriers, there has been a well-founded concern that CMS will now aggressively act to ensure its interests are protected in third-party liability settlements....

 

HTMLNew State Law Focuses on Reducing Unwarranted, Unnecessary Public Access Litigation
Porter Scott; Porter Scott A Professional Corporation;
Legal Alert/Article
March 11, 2015
Senate Bill 1608 ("SB1608"), signed into law in September 2008, is good news for public accommodation providers. SB1608 is intended to combat abuse of disability laws. Specifically, the bill creates an independent disability commission to oversee three new changes in state ADA access law.

 

HTMLRecent Supreme Court Decisions Extend Liability for Discrimination Suits
David P.E. Burkett, Michael W. Pott; Porter Scott A Professional Corporation;
Legal Alert/Article
March 11, 2015
On January 21, 2009, the United States Supreme Court created an avenue for employees of educational institutions to be sued as individuals for sex based discrimination. Fitzgerald v. Barnstable School Committee, No. 07-1125. This decision has significant consequences for educational institutions...

 

HTMLThe Conundrum of California’s Primary Assumption of the Risk Doctrine Continues
Chad S. Tapp; Porter Scott A Professional Corporation;
Legal Alert/Article
March 11, 2015
Since the 1970s, California courts have struggled to properly and definitively identify when primary or secondary assumption of risk (“AOR”) should apply. Since Li v. Yellow Cab Co., (1975) 13 Cal.3d 804, California courts have held that defendants can no longer claim a complete defense...

 

HTMLTechnology in the Courtroom - Is it a Recoverable Cost at Trial?
Lindsay A. Goulding, David A. Melton; Porter Scott A Professional Corporation;
Legal Alert/Article
March 11, 2015
The use of technology is so prevalent today that it is difficult to imagine an event that is “technology-free”—including a trial. Attorneys use technology to showcase timelines, impeaching testimony from depositions, scene photographs, and animations. Technology, however, is not...

 

HTMLThe New ADA Amendments and What They Mean for California Employers
Colleen R. Howard, Michael W. Pott; Porter Scott A Professional Corporation;
Legal Alert/Article
March 11, 2015
Effective January 1, 2009, the Americans with Disabilities Act (ADA) will provide a broader protection for disabled employees than has previously been provided under that statute. The legislation known as the ADA Amendments Act of 2008 (ADAAA) has a number of provisions - some of which were...

 


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