News & Insights

May 23, 2018

On Monday, May 21, 2018, the Supreme Court issued a decision every private employer will be ecstatic to understand and implement into their practice. The majority opinion, authored by Justice Neil Gorsuch, held employers: (1) may rely upon clauses in their employment contracts requiring employees to arbitrate their disputes individually; and (2) may require employees to waive the right to resolve those disputes through joint legal proceedings....

May 11, 2018

Nationally recognized litigator Paul Nolan, Managing Partner of WSHB's Rancho Cucamonga office, will offer his expert advice at two sessions of West Coast Casualty’s Construction Defect Seminar next month in Anaheim, CA. Celebrating its 25th anniversary, the WCC Seminar is considered to be the largest construction defect event in the country, attracting thousands of builders, contractors, subcontractors, insurance agents and lawyers to this go-to event at the Disneyland Hotel....

May 11, 2018

In California, personal injury plaintiffs may recover the lesser of the (1) amount incurred for medical services, or (2) reasonable market value of those services. Plaintiffs with medical insurance may not offer into evidence the full billed amount since it represents a misleadingly inflated number given the realities of modern medical practices in which the amount initially billed is typically more than the amount ultimately paid, especially when insurance is involved. While truly uninsured plaintiffs may offer the amount billed as one indication of what the reasonable market value might be, insured plaintiffs could not do so even if they did not benefit from any discounted rate negotiated by their insurers. (Ochoa v. Dorado (2014) 228 Cal.App.4th 120, 135-36.)...

April 26, 2018

In a wrongful death action, partner David Webster and associate Tudor Jones recently obtained summary judgment for our client, a large city in Northern California (the "City"). Plaintiff’s decedent lost control of his bicycle as he rode on a sidewalk through a narrowing underpass. Upon losing control, the decedent fell from the sidewalk into the adjacent roadway where he was struck and killed by a passing motorist. Plaintiff alleged that they City was negligent in its design and maintenance of a dangerous condition, the bicycle infrastructure, generally, on public property. The successful Motion for Summary Judgment was brought under Plaintiff’s failure to establish causation, a necessary element of the causes of action pleaded. ...

April 19, 2018

Litigator and cybersecurity expert Christopher Seusing from WSHB will explore "Navigating New Data Security Regulations" in a special USI Insurance WebEx seminar on Tuesday, May 1, 2018. Seusing, with Tom Ciano, Senior Vice President of USI, will discuss the new European General Data Protection Regulation (GDPR) and changes that may impact c-suite executives, risk managers, in-house counsel and IT professionals that process or possess personal data of Europeans....

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