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blueThe Ultra Vires Doctrine under Turkish Law

This article mainly discusses the ability of companies to enter into specific transactions (limits of corporate powers) under Turkish law.

blueOvercoming Addiction as a Coping Response to PTSD for Victims of Domestic Violence

     By Thurman Arnold III
Family victimization is a national crisis for women and children. Victim’s symptoms can include persistent acute and chronic re-experiencing of the traumatic events of victimization, persistent symptoms of physical and emotional arousal, and avoiding stimuli associated with the trauma through a numbing of general responsiveness – often facilitated through the abuse of alcohol and other substances. All of these can seriously impair the individual’s functioning.

blueGloom, Doom and Statistics; Who Moved the Cheese?

Fewer cases means less work to go around, while at the same time ever more lawyers compete. So, what to do? The simple answer has to be: First adapt and then, thrive.

blueFive Fatal Bad Faith Mistakes and How to Avoid Them

Put in the time and gather the knowledge. Bad faith litigation is not a practice area for the faint of heart. Remember to avoid the five common mistakes.

blueHome Owners Insurance Claims for Accident Injury

In all the controversy over home mortgages today, it is to be hoped that homeowners are not letting their homeowners’ insurance lapse for lack of funds. That can be a big mistake, because even one major injury on their property can cause a homeowner to lose their life savings or even their home. That is why homeowners insurance exists, and its value is only apparent when such an accident occurs.

blueThe Cost of Bias in the Legal Profession

The ultimate cost of bias goes beyond undermining the rights of those whom our justice system is intended to serve. It also has a profound corrosive effect on practitioners and the judiciary.

blueUsing Daubert, Kumho Tire and Kelly To Your Advantage

Product liability cases not only live and die by expert testimony, they often require that the trial attorney introduce cutting edge scientific and engineering testimony to prove liability, damages or both. Judges are charged as the gatekeepers who will determine what expert testimony ultimately reaches the trier of fact. Being in a position to convince the gatekeeper to open the gate is critical in meeting the plaintiff's burden at trial.

blueWhen Genuine Issues Argue Against a Genuine Dispute

There is a notion in the insurance bar that bad faith law is a powerful tool for consumer rights that might easily be taken away if abused. It is that old notion of “killing the golden goose.” As guardians of consumer rights, we have a duty and responsibility to preserve them as best we can.

blueWhy Campbell Doesn’t Necessarily Mean We’re in the Soup

What practical effect does Campbell present for a California product liability practitioner?

blueDue Process; Limits on Punitive Damages, not Civil Penalties

The Court of Appeal distinguished between remedial civil penalties and punitive damages in Los Angeles County Metropolitan Transportation Authority v. Superior Court (2004) 123 Cal.App.4th 261, and held that a government entity is not immune from civil penalties imposed by the Unruh Civil Rights Act (Civil Code section 52 et seq.) under Government Code section 818, which bars imposing punitive damages against public entities.