by Bo Links on June 26, 2012
Court Rules that Key is Actual Amount Paid, as Opposed to Amount Billed
One of the most important issues in any case is the amount of damages an injured party can recover. In the personal injury context, this issue is central. Over the years, a controversy has raged over how to measure the recoverable amount in a personal injury lawsuit. Should the inured person’s recovery for medical expenses by measured by the amount billed by a caregiver, or the amount actually paid for treatment?
by Bo Links on July 01, 2011
When the United States Supreme Court decides a case, it is always an important event, but two cases in the 2010-2011 term were more important to litigators – especially labor and employment litigators – than others.
by Bo Links on February 01, 2011
Many California employers blithely consider certain workers to be independent contractors – exempt from withholding, overtime, meal and rest break rules, and a host of other restrictions and requirements.
But be careful. Simply labeling a person as an “independent contractor” will not work. The person must really be an independent contractor, and California has a detailed test to decide the issue.
by Bo Links on April 26, 2010
The court of appeal has offered simple, straightforward advice in an email defamation case. In ruling on a claim that a person’s reputation was harmed when the defendant forwarded an email containing defamatory information, the court held there was no liability unless the defendant “materially contributed” to the content of the defamatory material.
by Bo Links on April 26, 2010
In the case of Sharabianlou v. Karp, the parties entered into an agreement for the defendants to sell a building to the plaintiffs. The transaction failed and litigation followed. Among the claims made by the buyers was that their real estate broker breached his fiduciary duties and committed professional negligence (malpractice as a real estate broker) by failing to provide certain information and by failing to advise them to seek legal advice.